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S.I. No. 371/2005 - Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2005

S.I. No. 371 of 2005 .

CONSUMER CREDIT ACT 1995 (SECTION 2) (No. 1) REGULATIONS 2005.

I, MARY O'DEA, Consumer Director of the Irish Financial Services Regulatory Authority, in exercise of the powers conferred upon me by the Irish Financial Services Regulatory Authority pursuant to Section 33S of the Central Bank Act 1942 (as amended by the Central Bank and Financial Services Authority of Ireland Act 2003 ) and by Section 2(1 of the Consumer Credit Act 1995 (as amended by Section 35(1) and Schedule 1, Part 21 of the Central Bank and Financial Services Authority of Ireland Act 2003 ) hereby make the following regulations:

1.  These Regulations may be cited as the Consumer Credit Act 1995 (Section 2) (No. 1) Regulations 2005.

2.  (1)  CNH Capital plc. is subject to paragraph (2) of this Regulation, prescribed for the purposes of paragraph (e) of the definition of “credit institution” in Section 2(1) of the Consumer Credit Act 1995 (as amended by Section 35(1 and Schedule 1, Part 21 of the Central Bank and Financial Services Authority of Ireland Act 2003 ).

(2)  CNH Capital plc. is not to be regarded as prescribed for the foregoing purposes in any cases where the APR charged by it in respect of any credit granted to a consumer equals or exceeds 23 per cent.

Signed on this the 20th day of July 2005.

MARY O'DEA,

Consumer Director of the Irish Financial Services Regulatory Authority.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations further supplement the definition of “credit institution” in the Consumer Credit Act 1995 to include CNH Capital plc.