the Secretary of State under the Consumer Credit Act
Secretary of State for Trade and Industry has a quasi-judicial role
in relation to appeals under the Consumer Credit. Such appeals can
be brought against decisions of the Office of Fair Trading (OFT)
that a person is not fit to hold a consumer credit licence.
to the Secretary of State are heard on her behalf by a panel of
independent persons appointed by the Secretary of State for that
purpose. Both the OFT and the appellant can argue their case before
the panel which then makes a report to the Secretary of State. The
report includes the recommendations of the panel on whether the
appeal should be allowed or dismissed.
is the Secretary of State’s policy that she will;
exceptional cases, follow the recommendations of the panel.
not depart from the panel’s recommendations without first having
invited the parties to make representations.
cases would include where the Secretary of State considers that the
panel is wrong in law or where new evidence comes to light after the
hearing including evidence that the panel was misled.
Legal Services Department
Department of Trade and Industry
1 Victoria Street
London SWIH 0ET