§ 14 — Class licence

14.—(1) The Minister may, by order in the Gazette, determine a class licence that authorises any person who carries on a regulated business to carry out any debt collection activity to collect any debt that is owed to the person in the course of the regulated business —(a)

for a specified period or indefinitely, or to an extent specified in that order; and

(b)

subject to the conditions as may be specified in that order.

(2) To avoid doubt, there may be more than one class licence determined.

(3) Without limiting subsection (1)(b), an order made under subsection (1) may include conditions —(a)

restricting the manner or method by which a class licensee collects, or attempts to collect, any debt;

(b)

prohibiting a class licensee from collecting or attempting to collect any debt from any person unless the class licensee has first ascertained that the person is the debtor of the debt;

(c)

requiring a class licensee to only deploy employees of the class licensee as the class licensee’s debt collectors;

(d)

requiring a class licensee to put in place measures to ensure that every debt collector of the class licensee carries out any debt collection activity in compliance with —(i)

all the conditions of the applicable class licence;

(ii)

all the codes of practice that are applicable to the class licensee; and

(iii)

this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014;

(e)

restricting a class licensee from continuing to deploy an employee as the class licensee’s debt collector, if the employee had previously failed to conduct any debt collection activity in compliance with —(i)

all the conditions of the class licence that are applicable to the class licensee;

(ii)

all the codes of practice that are applicable to the class licensee; or

(iii)

this Act or any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and

(f)

prohibiting a class licensee from collecting debts which are not owed to the class licensee.

(4) An order under subsection (1) continues in force, unless it is revoked, for the period that may be specified in the order.

(5) A class licensee to which an order under subsection (1) applies may carry out any debt collection activity in respect of any debt owed to the class licensee in the course of a regulated business carried on by the class licensee subject to the conditions of the order being complied with.

—(1) The Minister may, by order in the Gazette, determine a class licence that authorises any person who carries on a regulated business to carry out any debt collection activity to collect any debt that is owed to the person in the course of the regulated business —(a)

for a specified period or indefinitely, or to an extent specified in that order; and

(b)

subject to the conditions as may be specified in that order.

(2) To avoid doubt, there may be more than one class licence determined.

(3) Without limiting subsection (1)(b), an order made under subsection (1) may include conditions —(a)

restricting the manner or method by which a class licensee collects, or attempts to collect, any debt;

(b)

prohibiting a class licensee from collecting or attempting to collect any debt from any person unless the class licensee has first ascertained that the person is the debtor of the debt;

(c)

requiring a class licensee to only deploy employees of the class licensee as the class licensee’s debt collectors;

(d)

requiring a class licensee to put in place measures to ensure that every debt collector of the class licensee carries out any debt collection activity in compliance with —(i)

all the conditions of the applicable class licence;

(ii)

all the codes of practice that are applicable to the class licensee; and

(iii)

this Act and any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014;

(e)

restricting a class licensee from continuing to deploy an employee as the class licensee’s debt collector, if the employee had previously failed to conduct any debt collection activity in compliance with —(i)

all the conditions of the class licence that are applicable to the class licensee;

(ii)

all the codes of practice that are applicable to the class licensee; or

(iii)

this Act or any other written law, including the Penal Code 1871 and the Protection from Harassment Act 2014; and

(f)

prohibiting a class licensee from collecting debts which are not owed to the class licensee.

(4) An order under subsection (1) continues in force, unless it is revoked, for the period that may be specified in the order.

(5) A class licensee to which an order under subsection (1) applies may carry out any debt collection activity in respect of any debt owed to the class licensee in the course of a regulated business carried on by the class licensee subject to the conditions of the order being complied with.