Consumer Credit Act 1995

Prohibition on engaging in F151[the provision of high cost credit] without licence.

98

98.(1) A person shall not engage in F151[the provision of high cost credit] on his own behalf unless—

(a) he is the holder of a F151[high cost credit provider’s licence], and

(b) he maintains a business premises for that purpose which is not used as a residence by any person.

(2) A person shall not engage in F151[the provision of high cost credit] F151[on behalf of a high cost credit provider] who is not the holder of a F151[high cost credit provider’s licence].

(3) Where a member of the Garda Síochána has reasonable cause to suspect that a person in a public place is engaging in F151[the provision of high cost credit] in contravention of this section, the member may, without warrant, stop, question, search (if need be by force) and remove from that person any documents or money which the member reasonably believes may be in that person's possession F151[for the purpose of the provision of high cost credit].

(4) A person shall not obstruct or interfere with a member of the Garda Síochána acting under subsection (3) or give to a member information which is false or misleading.

(5) A person shall comply with any request made of him by a member of the Garda Síochána under subsection (3).

(6) In this section “public place” means any place to which the public have access whether as of right or by permission and whether subject to or free of charge; and the doorways, entrances and gardens abutting onto a public place and any ground or car-park adjoining and open to a public place shall be treated as forming part of a public place.

Annotations:

Amendments:

F151

Substituted (14.11.2022) by Consumer Credit (Amendment) Act 2022 (13/2022), s. 15(1) and sch. 1 part 1 item 25, S.I. No. 575 of 2022.