83TRestrictions applying in relation to persons repossessing consumer goods

1. No creditor who is required to be registered under Part 2 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008 may exercise any rights in relation to repossessing consumer goods (including entering residential premises) unless that creditor is registered.

2. No creditor may authorise, allow, or permit a repossession agent or repossession employee to repossess consumer goods (including by entering residential premises) unless that person is licensed or holds a certificate of approval.

3. No repossession agent or repossession employee may exercise any rights in relation to repossessing consumer goods (including entering residential premises) unless that person is—

4. specifically authorised to do so by the creditor; and
5. licensed or holds a certificate of approval.

6. If a creditor is not licensed and does not hold a certificate of approval, the creditor may not personally enter residential premises for the purpose of repossessing consumer goods (and any such repossession must be carried out through a repossession agent or repossession employee who meets the requirements of subsection (3)(a) and (b)).

7. In this section,—

   certificate of approval means a certificate issued under section 54 of the Private Security Personnel and Private Investigators Act 2010

   licensed means licensed in accordance with Part 2 of the Private Security Personnel and Private Investigators Act 2010

   registered means registered in accordance with Part 2 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008

   repossession agent has the same meaning as in section 8A of the Private Security Personnel and Private Investigators Act 2010

   repossession employee has the same meaning as in section 16A of the Private Security Personnel and Private Investigators Act 2010 (but does not include the creditor).