§ 46 — Saving and transitional provisions

46.—(1) Despite anything in this Act, every person who —(a)

immediately before the section 6 start date was carrying on a debt collection business or any debt collection activity in the course of the business; and

(b)

on or after the section 6 start date, would be required under section 6(1) to be authorised to carry on the debt collection business by a licence,

may continue carrying on the debt collection business or the debt collection activity on or after the section 6 start date for the period mentioned in subsection (2), if the person has applied for a licence to carry on a debt collection business before the section 6 start date and the application has not been granted, refused or withdrawn before that date.

(2) For the purposes of subsection (1), the period is a period ending on the happening of the earlier of the following:(a)

the date on which the Licensing Officer grants a licence to the person;

(b)

the date that the application for licence is finally refused or withdrawn.

(3) Despite anything in this Act, every individual who, immediately before the section 17 start date, was deployed by a person mentioned in subsection (1) (called in this section the principal) as a debt collector of the principal, may continue to be so deployed on or after the section 17 start date for the period mentioned in subsection (4), if the principal has applied for a licence to carry on a debt collection business before the section 17 start date and the application has not been granted, refused or withdrawn before that date.

(4) For the purposes of subsection (3), the period is —(a)

a period ending on the date that the principal’s application for a licence is finally refused or withdrawn; or

(b)

where the Licensing Officer grants a licence to the principal —(i)

3 months after the licence is granted to the principal (now also the licensee); or

(ii)

if within the period mentioned in sub‑paragraph (i), an application for approval for the licensee to deploy the individual as a debt collector of the licensee is made under section 19 — the period that ends on the happening of the earlier of the following:(A)

the date on which the Licensing Officer grants the approval;

(B)

the date on which the application for approval is finally refused or withdrawn.

(5) For a period of 2 years after the commencement of any provision of this Act, the Minister may, by regulations, prescribe additional provisions of a saving or transitional nature consequent on the enactment of the provision that the Minister may consider necessary or expedient.

(6) In this section —“section 6 start date” means the date mentioned in section 6(6);

“section 17 start date” means the date mentioned in section 17(4).

—(1) Despite anything in this Act, every person who —(a)

immediately before the section 6 start date was carrying on a debt collection business or any debt collection activity in the course of the business; and

(b)

on or after the section 6 start date, would be required under section 6(1) to be authorised to carry on the debt collection business by a licence,

may continue carrying on the debt collection business or the debt collection activity on or after the section 6 start date for the period mentioned in subsection (2), if the person has applied for a licence to carry on a debt collection business before the section 6 start date and the application has not been granted, refused or withdrawn before that date.

(2) For the purposes of subsection (1), the period is a period ending on the happening of the earlier of the following:(a)

the date on which the Licensing Officer grants a licence to the person;

(b)

the date that the application for licence is finally refused or withdrawn.

(3) Despite anything in this Act, every individual who, immediately before the section 17 start date, was deployed by a person mentioned in subsection (1) (called in this section the principal) as a debt collector of the principal, may continue to be so deployed on or after the section 17 start date for the period mentioned in subsection (4), if the principal has applied for a licence to carry on a debt collection business before the section 17 start date and the application has not been granted, refused or withdrawn before that date.

(4) For the purposes of subsection (3), the period is —(a)

a period ending on the date that the principal’s application for a licence is finally refused or withdrawn; or

(b)

where the Licensing Officer grants a licence to the principal —(i)

3 months after the licence is granted to the principal (now also the licensee); or

(ii)

if within the period mentioned in sub‑paragraph (i), an application for approval for the licensee to deploy the individual as a debt collector of the licensee is made under section 19 — the period that ends on the happening of the earlier of the following:(A)

the date on which the Licensing Officer grants the approval;

(B)

the date on which the application for approval is finally refused or withdrawn.

(5) For a period of 2 years after the commencement of any provision of this Act, the Minister may, by regulations, prescribe additional provisions of a saving or transitional nature consequent on the enactment of the provision that the Minister may consider necessary or expedient.

(6) In this section —“section 6 start date” means the date mentioned in section 6(6);

“section 17 start date” means the date mentioned in section 17(4).