Credit Contracts and Consumer Finance Act 2003

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9D Proceedings for breach of legal obligations under other Acts

(1)

This section applies if, in relation to a legal obligation referred to in section 9C(3)(f) or (4)(e),—

(a)

conduct by a person constitutes a breach of an Act (other than this Act); and

(b)

proceedings have been commenced under that other Act in respect of that conduct.

(2)

Proceedings may not be commenced under this Act in respect of the same conduct on the basis of a breach of section 9C(3)(f) or (4)(e).

(3)

Subsection (2) applies unless the court orders otherwise.

(4)

This section does not prevent proceedings from being commenced as a result of a breach of section 9C(2)(a), (3)(a) to (e), or (4)(a) to (d).

Section 9D: inserted, on 6 June 2015, by section 9 of the Credit Contracts and Consumer Finance Amendment Act 2014 (2014 No 33).