UK Consumer Credit Act 1974 reform

HM Treasury (HMT) has published a policy statement on the reform of the Consumer Credit Act 1974 (CCA), setting out its response to the phase 1 consultation. HMT confirms plans to modernise the regime by aligning it with the Financial Services and Markets Act 2000 (FSMA) and transferring much of the detailed conduct regulation to UK Financial Conduct Authority (FCA) rules. The original proposals involved a phase 2 consultation; however, HMT considers that it has sufficient evidence to proceed without a further consultation. The related legislative proposals are in the Financial Services and Markets Bill which was published this week, including an enabling power for HMT to make secondary legislation on the transitional provisions to support a smooth transition.

The FCA rules will not replicate the CCA exactly but will be designed in line with the FCA's objectives and existing framework, including the consumer duty. Certain provisions will remain in legislation where necessary to preserve key rights, or where they cannot be replicated due to complexity. The government intends to repeal most prescriptive CCA information disclosure requirements and replace them with FCA rules (subject to consultation) and statutory sanctions, such as unenforceability and disentitlement to interest and fees, in favour of the FCA's supervisory and enforcement framework, but retain criminal offences as a deterrent.

The FCA has also published a statement setting out its approach to CCA reform and highlighting some of the existing rights and protections it will consider as part of its policy work.

For more detail on the reforms, you may wish to read our blogpost titled "Phase 2? We don't need phase 2 where we're going...".

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