CREDITREPORTING

THE CREDIT REPORTING ACT ,

1. Short title.

2. Interpretation, objects and application.

PART I. Licensing of Credit Bureaus

3. ~estriction on discliske of credit information.

4. Licensing of credit bureaus.

5. Responsibilities of credit bureaus re licence.

6. Revocation, suspension or cancellation of licences.

7. Reports.

PART 11. Obtaining and disclosing credit information

Credit information providers.

Register of credit information providers.

Prohibition of provision of credit information.

Disclosure of credit information.

Form and content of credit information.

Contidentiality of credit information.

Duty to disclose source of credit information. .
Duty of disclosure to consumer.

Correction of information.

Investigation of complaints.

PART Ill. General

1 8. Appeal Tribunal.

19. Regulations.

20. Offences.

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CREDIT REPORTING

21. Liability of directors, etc.

22. Functions of supervising authority under this Act.

23. Special audit or examination of credit bureau.

24. Amalgamation and transfer.

25. Vesting of assets on sale o f credit bureau.

26. Co-operation with supervising authority.

27. Investigations.

28. Indemnity.

29. Power of the Minister to amend penalties by order.

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CREDIT REPORTING

. a .
' I

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THE CREDIT REPORTING ACT Act
27 012010.

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ir . . I . . + . . .

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[ l s t October, 201 0.1
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1. This Act may be cited as the Credit Reporting Act. Short title.

2 4 1 ) In this Act- interpreta-
I tion, objects

"authorized- officer" means an officer of the supervising andappllca-
tion. authority, an officer of the , Financial Investigation

Division of the Ministry of Finance or a member of the
Jamaica Coristabulary. Force, and any person acting in
aid of such offider or inehber;

%

"company" means a body corporate incorporated under the
law of, and having its principal office in, ~afnaica;

"connected person" has the meaning assigned to it by sec-
tion 2 of the Income Tax Act;

"consumer" . . means any person or .body, whether corporate
or not;

. "cred,it bureau" means a company duly licensed under this
Act; , , .

"credit information" means the information referred to in
section 8(3);

"credit information provider" means a credit information
.. provider referred to in section 8(2);

"licence" means a licence granted under this Act to operate

a as a credit bureau;
"personal information" means any information about a

consumer, other than-
; . . (a) credit information;

(b) the consumer's name, present and past

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CREDIT REPORTING

addresses, taxpayer registration number or
other numerical reference, cataloguing or
reference scheme used for identification pur-
poses; and

(c), any other relevant information about the
consumer which is reasonably required in

. . order to enable the credit information to be
utilized for the purposes of this 'Act; a

. , "supervising authority" means the Bank of Jamaica or such

. . other entity a i .may be designated by.the Minister by
, . notice published in the Gazette. , , ,

. .
(2) The object of this Act is to ensure that credit report-

ing.is.do& through reasdnable procedures that meet the needs of
commerce for credit i n fka t ion in a manner that is fair and
equitable to the consumer. having regard to the confidentiality.
accuracy. relevance'and proper utilization of such information in
accordance with the provisions of this Act. . , . . - . . %r " I

(3) This Act applies to 'the 'disclosure-

-:' ' : ( a ) . oftiedit i*fdn&aticjn by :axi entity inJaniaica to another
entity in or outside Jamaica; ' , a , -; . ',,.

- , " * (b) by any entity outside Jamaica. o'f credit information
relating to any transaction that takes place. in whole or

. in part. in Jamaica..
(4) A company that discloses credit information in any

other country. in return for monetary payment or other reward.
shall. for the purposes of.this Act. be deemed to have made such
disclosure in Jamaica. - c < . * , , .'.) *

PART I . Licensing of Credit B~rr~alis

Restriction . *
on disclosure 3.--( I ' ) ' ' E & ~ ~ *as ;&vidid in this&iction7 'a perion kho dis-
of credit closes credit information about ' a consumer^ in return for

monetary payment or other reward or as part of any business
or undertaking,,, . , . - . . whether for profit or otherwise, commits an . * . . , . .
offence.

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, CREDIT REPORTING

(2) Subsection (1) shall not apply to the disclosure of
credit information-

* - ,

(a) by a credit bureau or credit information provider in
: ' accordance with the provisions of this Act;

(6) by a credit information provider to another credit
information provider, subject to the provisions of this
Act; . .

(c) by a company to another company that is-
, .
(i) a holding company or subsidiary of the com-

pany making the disclosure; or

(ii) a subsidiary of the same holding.company as
the company making the disclosure,

if the credit information is in respect of a customer of
either company.

+(3) Where a Resident Magistrate is satisfied upon
information given by an authorized officer that there are reason-
able grounds for.suspecting that an offence under subsection (1)
has been, or is being, committed: by any. person and. that
evidence of the commission of the offence is to be found on any
premises specified'in the information, the Resident Magistrate
may grant a search warrant to the authorized officer in accor-
dance with subsection (4).

(4) The warrant referred to in subsection (3) shall permit
the authorized officer-

. (a) to enter (with or without a constable) the premises
named in the warrant for the purpose of inspecting and
making copies of such books, accounts, records and
other documents, cheques and securities (in this sub-
section referred to as the relevant documents) as may
be found on those premises and which may reasonably
constitute evidence of the commission of an offence
under subsection (1); or

(b) to seize and detain the relevant documents for a period . . ,

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CREDIT REPORTING

not exceeding thirty days.

(5) An order under subsection (4)(b) shall not be made in
respect of accounting records used in the ordinary business of
banking ( including legders, daybooks, cash books and account
books).

(6) For the purposes of subsection (4), the relevant docu-
ments include documents that are stored electronically and are
accessible from those premises.

(7) An authorized officer may make copies of any docu- ~ ment seized under subsection (4)(b).
(8) Any who hinders or obstructs an authorized

officer in the performance of his duties under subsection (4)
commits an offence.

(9) An authorized officer shall-

(a) before entering any premises pursuant to a warrant
under this section and if requested to d o so by the
owner or occupant of the premises, produce evidence
of his authority to enter the premises and evidence of
his identity; and

(b) give a receipt for any item that the officer removes
from the premises.

I.iccnsingOf 4 - 4 1 ) A company may apply for a licence under this Act by
credrt
bureaus. submitting an application to the Minister in such form as may be

prescribed, along with the prescribed application fee and such
other particulars as may be prescribed.

(2) The Minister may, in his discretion, grant or refuse
an application for a licence, and-

(a) where the Minister thinks necessary, he may require
an applicant for a licence to furnish additional informa-
tion;

(b) where the Minister intends to refuse an application, he
shall first afford the applicant an opportunity to be
heard; and

(c) where the application is refused, the Minister shall

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CREDIT REPORTING 7

notify the applicant in writing of the refusal and the reasons for
the refusal.

(3) .A licence shall not be granted to any company unless
the supervising authority indicates in writing to the Minister that
it is satisfied that- j

(a) every person who is a director of the company or who
is to perform corporate management functions in the a - company or who is a shareholder holding (whether in
his own right or when counted with the holding of a
connected person) ten per cent or more of the voting
shares of the company, is a fit and proper person for
that purpose;

(b) adequate systems and arrangements have been put in
place by the company so as to ensure compliance with
the provisions of this Act; k d

(c) the company meets such capital requirements as may be
prescribed by the Minister on the recommendation of
the supervising authority.

(4) or the purposes of subsection (3)(a), a person is a fit
and proper person if-

(a) he has not been convicted in Jamaica or elsewhere, of
an offence involving dishonesty;

(b) he is not an undischarged bankrupt;
(c) his employment record does not give the supervising

authority reasonable cause to believe that the person has
carried out any act involving dishonesty or any act
involving impropriety in the handling of financial
business; * .

(d) in the opinion of the supervising authority-
(i) he is a person of sound probity;
(ii) he is able to exercise competence, diligence

and sound judgment in fulfilling his respon-
sibilities in relation to the credit bureau; and

(iii) his'relationship with the credit bureau will
not threaten the interests of consumers,

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CREDIT REPORTING

and for the purposes of this paragraph, the supervising authority
shall have regard to any evidence that the person has-

(A) engaged in any business practices appearing to the
supervising authority to be deceithl or oppressive or
otherwise improper, which reflect discredit to the
person's method of conducting business; or

(B) contravened any provision of any enactment designed
for the protection of the public against financial loss
due to dishonesty, incompetence or malpractice by
persons concerned in the provision of credit informa-
tion, banking, insurance, investment or other financial
services, or in the management of companies or due to
bankruptcy.

(5) A licence may be granted subject to such terms and
conditions as the Minister may specify in the licence and shall
be issued to the applicant on payment of the prescribed licence
fee.

(6) A person commits an offence if that person, in
making any application under this section or in a@ information
required to be h i s h e d under subsection (2)-

(a) supplies information, provides an explanation or makes
a statement that he knows to be false in a material
particular; ' '.

(b) recklessly $upplies information, provides an explan-
' ationor ,makes a statement which is false in a material
particular; or ,

(c) fails to inform the Minister of any material change in
the accuracy of any information furnished, or required
to be furnished, under this section. ,

(7) A person, other than a company duly licensed under
this Act, commits an offence if that person, without the approval
of the Minister) uses in connection with any business or
undertaking ckried on by that person, the words "credit bureau"
or any other words which could reasonably be construed as

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CREDIT REPORTING

indicating that the person carries on the business of a credit
bureau. ' .

(8) The Minister shall determine a licence application
withinsone hundred and twenty days from the date on which the
application and all information and particulars required to be
furnished under this section are delivered to the Minister.

5.-41) A credit bureau that breaches any term or condition
of its licence commits an offence.

(2) A credit bureau shall, while its licence continues in . * .
force, annually on or before each anniversary, of the grant of the
licence, bay the prescribed licence fee to the Accountant- . .
General. - ,,. ,

6.-41) This subsection applies if-
(a) a credit bureau has ceased to satisfy any of the require-

ments of section 4(3)(a) to (c);
(b) a credit bureau was granted a licence as a result of

. a misleading or false representation or. incorrect
. . . ' information, whether or not such representation or

' information was wilfully or knowingly given;
" (c) a credit bureau -has failed to commence business as a

credit bureau within six months aker the date of the
granting of its licence or such longer period as may be

. specified in the licence; .
(6) a credit bureau is insolvent;
'(e) a credit- bureau is operating in a manner that con-

travenes any of the provisions of this ~ c t ' o r any regula-
tions made under this Act, or constitutes an offence
under this Act or a breach of any term or condition of
its licence; .

0) a credit bureau' has not delivered to .the supervising
authority, within one hundred and twenty days after the
end of a financial year, the credit bureau's annual
report in respect of that financial year; .

(g) based on a report from the supervising authority made
after conducting an investigation into the matter, a

Responsi-
bilities
of credit
bureaus re
licence.

Revocation,
suspension or
cancellation
of licences.

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10 CREDIT REPORTING

credit bureau is not providing accurate or reliable credit
information and the continuation of its licence is not in
the best interest of consumers; or

(h) a credit bureau has ceased to operate as a supplier of
credit information.

(2) Where the supervising authority is satisfied that any
of the matters refehed to in subsection (l)(a) to (h) applies in
relation to a credit bureau, the supervising authority may-

(a) issue to the credit bureau such written directions as the
supervising authority considers appropriate to remedy
the matter and ensure compliince with the provisions
of this Act, and specifying a time within which the
directions shall be complied with;

(b) ,take such immediate action as is necessary to safeguard
the confidentiality of the credit information concerned,
which action may include, in any case falling within
subsection (l)(h), the seizure and detention of the credit
information until the supervising authority is satisfied
that appropriate measures are in place to ensure that the
information is dealt with in accordance with paragraph

First
Schedule. 13 (b) of the First Schedule; and

(c) if the credit bureau fails to comply with any direction
given under paragraph (a) within the time specified
in the directions, recommend to the Minister that the
licence of the credit bureau. be suspended or
revoked. .

(3) The Minister may-

(a) suspend or revoke the licence of a credit bureau upon
the recommendation of the supervising authority pur-
suant to subsection (2)(c); or

(b) suspend the licence of a credit bureau, notwithstanding
provisions of subsection (2), with immediate effect, or
with effect from a date specified in the notice of
suspension, if any of the matters referred to in
subsection (l)(a) to (h) applies to the credit bureau and

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the Minister is satisfied that the suspension is war-
ranted because the effective operation of credit
reporting under this Act is in jeopardy or any consumer
would otherwise be adversely affected.

(4) The procedure for the revocation and suspension of
licences pursuant to subsection (3) shall be in accordance with
the provisions of the First Schedule, and the Minister may by Fitst
order subject to affirmative resolution and published in the Schedule.

Gazette amend the First Schedule.

(5) A suspension of a licence under this section shall be
for such period,-not exceeding one hundred and twenty days, as
shall be specified in the notice of the suspension.

(6) If at the end of the"period referred to in subsection
(5), the Minister is satisfied that any of the grounds on which the

. licence was suspended still exists, the Minister may-

(a) if,he thinks fit, suspend the licence for * a further period
not exceeding one hundred and twenty days; or

,. (b) revoke the licence,
and the.provisions of the First Schedule relating.to the require- Fis t
ment for, and conduct of, a hearing .shall apply to such sus-

. pension or revocation.

(7) The Minister may. cancel the licence of a credit
bureau upon the written request of that credit bureau, and the
cancellation shall take effect upon the date specified in a notice
made in relation thereto under subsection (8) (b).

(8) Before cancelling a licence pursuant to subsection
(7), the Minister shall-

(a) be satisfied that the credit bureau has complied with
such directions as shall be given to it by the Minister
with a view to ensuring the security and confidentiality
of the credit information concerned; and

(b) ensure that notice of the cancellation is published on at
least two separate dates in a daily newspaper in
circulation in Jamaica, specifying the date on which the

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12 CREDIT REPORTING

cancellation shall take effect.
Reports. 7 . 4 1 ) A credit bureau shall-

(a) within one hundred and twenty days after the end of
each financial year, deliver to the supervising
authority-

, (i) an annual report completed in the form set out
Second
Schedule.

in the Second Schedule; , Q . .

(ii) a copy of the credit bureau's a'udited finhcial
a

statements for that - financial year. and the
auditor's report in relation thereto;

(iii) a copy of such auditbr's ieport on the credit
bureau's operations during that financial year,
in such form as shall be prescribed;

(b) obtain the written approval of the supervising authoiity
. before appointing any person to a position referred to in

section 4(3)(a), or before transferring any of its shares
to any person in circumstances where that person
would fall within section 4(3)(a) as a ' result of the
transfer, and shall for that purpose deliver to the
supervising authority-

, , . . ..
(i) a copy of the person's resume and a fit and

proper. questionnaire supplied by the super-
' . vising authority and completed.by that per-

son; - * . . .

(ii) the details of b y shares, or other interest,
currently or previously held by the person in
a credit information provider or in a corporate
body which is a connected person in relation
to the credit information provider; •

(iii) the details of any current or past interest in, or
current or past position held with, any
company whose licence has been suspended
or revoked under this Act or under any other
law of Jamaica or another jurisdiction; and

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CREJIZT REPORTING 1 3

(iv) such other information 'as the supervising
authority may reasonably require for the pur-
pose of assessing whether the person is a fit
and proper person within the meaning of sec-
tion 4(4); 2 '

I .

(c) give written notice to the supervising authority of any
change of- : ,, . ,

. .
(i) its address for service;

(ii) any of the persons referred to in' section
4(3)(a), or as to any matter affecting whether
any such person is a fit and'i;ioper person
within the meaning of section 4(4),

delivered to the supervising authority within five days
after such change.

. - (2) The supervising authority shall notify the credit
b&eau in writing of its decision to approve or disapprove a

V)
proposed appointment or transfer (as the case may require)

I under subsection (1) (b), within thirty days after receiving all the
% information required under that subsection.

(3) A credit bureau that fails to comply with this section
commits an offence.

(4) The supervising authority may, with the approval of
, the Minister, amend the Second Schedule by order published in Second
the Gazette. Schedule.

I 1

PART 11. Obtaining and disclosing credit information

8.41) A credit bureau may obtain from any of the credit Credit
information providers referred to in subsection (2) the informa- t , ' p

0 -tion referred to in subsection (3).
(2) The credit information providers are-

(a) a bank licensed under the Banking Act;

(b) a financial institution licensed ' under the Financial
Institutions Act:

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CREDIT REPORTING

(c) a building society licensed under the Building
Societies Act;

(4 a society registered under the Co-operative Societies
Act;

(e) the Development Bank of Jamaica Limited;

Cf) a dealer in securities who is licensed under the Secu-
rities Act;

(g) any person who carries on the business of selling
goods under hire purchase, credit sale or conditional
sale agreements, as defined by theHire Purchase Act;

(h) a person who publishes information on suits and judg-
ments for debt claims;

(i) a credit bureau;

(j) an insurance company registered under the Insurance
Act;

(k) the National ~ o u s i n ~ Trust; ,
(Z) the Students' Loan Bureau;

(m) an entity exempt fiom the provisions of the Money-
lending Act by section 13 of that Act,. .

(n) such other body, other than an individual, as the
Minister may designate to be a credit information
provider by notice published in the Gazette and in at
least one daily newspaper in circulation throughout
Jamaica.

(3) The information referied to in this subsection is-

(a) the amount and nature of loans or advances or other
credit facilities granted by a credit information
provider to any consumer;

(b) the nature of the security taken fiom any consumer in
respect of credit facilities (including lease financing or
hire purchase arrangements) granted to the consumer

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CREDIT REPORTING

by a credit information provider;

(c) the nature of any guarantee or other non-fund based
facility fiunished to any consumer 'by the credit
information provider;

(d) information about any consumer's financial means,
creditworthiness or history of financial .transactions
(including antecedents and adverse court judgments),
obtained by the credit information provider in relation
to transactions involving the provider;

(e) analysis of the information referred to in paragraphs
(a) to (d), including any conclusions as to credit-
worthiness, whether in the form of a system of
numerical or alphabetical scores or otherwise;

V) any credit related information that the Minister
specifies, in directions issued by the Minister by notice
published in the Gazette, as appropriate to include as
credit information for the purposes of this Act.

(4) Subject to subsection (3, a credit information
provider may disclose to a credit bureau, in accordance with this
Act, the information referred to in subsection (3).

(5) A credit information provider shall not disclose
credit information pursuant to any provision of this Act unless
the credit information provider is satisfied, after undertaking all
reasonable enquiries and investigations, that the information is
reliable.

(6) For the purposes of this Act, credit information is
reliable if it-

(a) is accurate in all material respects;

(b) is presented in a fair and balanced manner; and

(c) does not include the personal information of any con-
sumer unless the consumer consents to the inclusion, in
writing attached to the information.

(7) A credit information provider commits an offence if
that provider-

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CREDIT REPORTING

(a) without the written consent of a consumer, discloses
personal information about that consumer in supplying
information under this Act; or

(b) contravenes subsection (5 ) or (9).

. (8) A credit bureau commits an offence if that credit
bureau discloses credit information obtained from a person other
than a credit information provider. -

(9) Where, after being satisfied to the matters referred
to in subsection (5), a credit information provider discl6ses

0
credit information and subsequently has reasonable grounds to
believe that the information is unreliable, the credit information
provider shall give to the consumer concerned, the persons to
whom it disclosed the information, and to the supervising
authority, written notification that the information is unreliable,
and provide those persons with all the reliable credit information
in its possession or control in respect of the matter.

( 1 0 ) A credit information provider shall-

(a) at least seven days. before first commencing the
provision of any credit information, publish in a daily
newspaper in circulation in Jamaica, a notice stating its
intention to provide credit information; and

(b) give to every applicant for any credit facility with the
credit information provider, at the time of the applica-
tion, a written notice stating that the credit information
provider may disclose credit information about its
customers to a credit bureau.

Register of 9.--(I) Every credit bureau shall maintain an up to date
credit
info,.,,,ation register of credit information providers, in accordance with the
providers. provisions of this section.

(2) The register shall state, in respect of each credit
0

information provider from whom the credit bureau has requested
or obtained credit information-

(a) the name and address of the provider;

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CREDIT REPORTING

(b) the number of instances in which-

, .. (i) that provider provided credit information that
. . . . was not reliable; or

1 4 ' I (ii) thk accuracy of credit information provided by
, . * ' dat provider was disputed by a consuiner; and

, (c) in respect of each instance specified under paragraph
(b), whether or not the matter was resolved,

so,-however, that nothing in the register shall disclose any credit
information or personal information relating to any consumer.

'.. (3) A copy of the register shall be kept at every office of
the credit bureau and shall be open for inspection by the public
free of charge during the credit bureau's normal hours of
busihess.

(4) A credit bureau that contravenes any provision of this
section commits an offence.

. . . , (5) A credit bureau shall-
(a) give to a credit information provider written notifi-

. . , . .cation of $each entry made in its, register ,in relation to
. : , that credit info&ation provider pursuant to subsection

. . (2); and .
'(b) * add to the ,entry the response (if any) received fiom

; .. , the, credit information provider in relation thereto,
excluding any credit information or personal informa-

-. . tion relating t i any consumer. . .. . I _
10.-31) Where the supervising authority is satisfied that a Prohibition

credit information provider, other than a credit bureau- of provision of cretlit
. . ,

. . , , (a) has been. convicted of an offence under section 8(7)(b); information.

or

(b) has, on one or more occasions, provided credit informa-
tion that is not reliable,

the supervising authority may act in accordance with subsection
(2).

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CREDIT REPORTING

(2) The supervising authoiity may-

(a) issue to the credit information provider such directions
as the supervising authority thinks appropriate to cor-
rect the matter, and shall therein specify a time within
which the provider shall comply with such directions;
and

(b) if the credit information provider fails to comply with
the directions within the time so specified, or such
~ k r period as the supervising authority may allow,
prohibit the provider, by notice given in accordance
with subsection (3) , from providing credit information
to credit bureaus. ,

( 3 ) A notice under this section shall accord with the
following procedures-

(a) the notice shall be in writing and' served on the credit
information provider;

(b) a copy of the notice shall be delivered to each credit
bureau; and

(c) the notice shall specify a date, not being more than
fourteen days after which the credit information
provider may apply to the supervising authority for
permission to resume provision of credit information.

(4) An application referred to in subsection (3)(c) shall
be inwriting, and the supervising authority may-

(a) approve the application and revoke the notice by order;
. or I

(b) refuse the application and confirm the notice, and may
request such additional information as he may require
for the purpose of this subsection.

(5) A copy of the order referred to in subsection (4)(a)
shall be delivered to each credit bureau.

(6) A credit bureau cornmits.an offence if that credit
bureau obtains or discloses credit information from a credit

I

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CREDIT &PORTING

information provider during any period when a notice under this
section is in effect in respect of that provider.

(7) A' credit information provider who contravenes a
notice issued under this section commits an offence.

. . 11 .-( 1) No credit bureau shall disclose credit information, Disclosure
except- of credit information.

(a) in accordance with the order of a court;

(b) subject to subsection (3), to a credit information pro-
bider;

(c) to the supervising authority;

(4 to the consumer to whom the information pertains;
(e) information relating to the identification of any con-

sumer, to a constable upon the production of a declara-
tion in the form set out in the Third Schedule and Third

t sworn to by that constable; Schedule

(f) as provided under this Act or any other law; or
' (g) in such other circumstances and to such other entities

as the Minister may specifjr by order.
-

4 ' (2) For the purposes of subsection (I), information relat-
ing to the identification of any consumer means the consumer's
name, present and past addresses, taxpayer registration number
or other numerical reference, cataloguing or referencing scheme
used for identification.

(3) A credit bureau shall not disclose credit information
, about a consumer to any person under subsection (l)(b), unless
that person furnishes to the credit bureau the consumer's con-
sent in writing to the disclosure.

(4) The provisions of section 8(5) to (9) shall apply, with
the necessary modifications, to every disclosure made under this
section, except a disclosure under subsection (l)(a).

I . .

(5) In providing credit information to any person, a credit
bureau, shall not disclose any credit information that the credit

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CREDIT REPORTING

bureau knows or has reasonable cause to suspect, is false or
misleading.

(6) A credit bureau. that willfully discloses credit
information in contravention of the provisions of this section
commits an offence.

(7) A credit information provider (other than a credit
bureau) shall not use or disclose c~edit information obtained
from a credit bureau, except-

(a) in connection with the extension of credit to, a guaran-
tee or other non-funds based facility for, or the pur-
chase or collection of a debt incurred or guaranteed by,
the consumer to whom the hformation pertains;

(b) with the written permission of the consumer, for -the
purposes of- . .

I I
(i) the employment of the consumer;

(ii) the underwriting of insurance involving the
consumer; . .

. . (iii) 'facilitating a financial or other commercial
pansaction involving the consumer;

(c) for the purposes of updating any credit information
disclosed under paragraph (a) or (b); or

(d) in accordance with the witten directions of the con-
sumer to whom the credit information pertains.

(8) A credit information provider who contravenes sub-
section (7) 'or (1 3) commits an offence. :

(9) A credit information provider may, in accordance
with the written request of ' a consumer, disclose personal
information about the consumer with any credit information
.disclosed under this section about that consumer.

'
(10) Where a consumer delivers to a credit information

provider or credit bureau a written notice that any matter or
transaction referred to in any credit information disclosed by the
credit information, provider or credit bureau has been, or may

- [The inclusion of this page is authorized by LN. 92c/2012]

CREDIT REPORTING 2 1

be, affected by a fraud committed by another person, the
credit information provider or credit bureau (as the case may be)
shall-

(a) forthwith deliver a copy of the notice to each person to
whom it disclosed the credit information and, in the
case of a credit bureau, to the provider from whom it
obtained the relevant credit information; and

(b) include a copy of the notice in any credit information,
concerning the matter or transaction, subsequently dis-

.closed by it in relation to the consumer, until such time
as .the notice is rescinded in writing delivered by the
consumer to the credit bureau.

(1 1) A notice or rescission under subsection (10) shall be
delivered by the consumer in person, or by his agent so
authorized, together with proof of the consumer's identity.

. .
(12) Where information disclosed by a 'credit bureau in

accordance with the provisions of.this Act is shown to be in-
accurate, no civil or criminal liability shall attach to the credit
bureau in respect thereof if-

(a) at the time of the disclosure, the credit bureau did not
know, or have reasonable cause to suspect, that the
information was inaccurate; and

(6) where knowledge of, or reasonable cause to suspect, the
inaccuracy of the information came to the credit bureau
at any time after it made the disclosure, the credit
bureau forthwith-

(i) gave notice in &ting of the inaccuracy to the
consumer concerned and to each person to
whom it disclosed the information; and

(ii)' took steps to correct the inaccuracy in its
credit files relating to the consumer con-
cerned (including deleting or expunging the
incorrect information from its records, or
destroying the inaccurate information, as
appropriate).

[The inclusion of this page is authorized by L.N. 92c/2012]

22 CREDIT REPORTING

. . (13) Notwithstanding subsection (7), the use or dis-
closure of credit information under that subsection shall not be
for monetary payment or other reward.

F O ~ and 12.-41) A credit bureau shall ensure that all credit informa-
content of
credit tion in its custody, possession or control is stored-
information. (a) in a secure manner;

(b) in a form that is capable of being reproduced in intel-
ligible form for the purposes of section 15; and

(c) in a repository located in Jamaica or, with the written
approval of the Minister, in another jurisdiction,

and shall not disclose any credit information that is not stored
as required by this subsection.

. . (2) Credit information provided to any person by a cre-
dit bureau under the provisions of this Act shall not include-

. .

(a) information as to any judgment against the consumer-

(i) given more than seven years before the date
on which the information is provided, unless
the judgment creditor confirms in writing that
the judgment debt remains unpaid in whole
or in part, and such confirmation is contained

- in the file referred to in subsection (3); and

(ii) unless such information includes the amount
of the judgment debt and the name and,
where available, the address of the judgment
creditor as given at the date of the judgment;

(b) information as to any order, of discharge from bank-
ruptcy made in respect of the consumer more than
seven years before the date on which the information is
provided, unless more than one order of discharge from
bankruptcy has been made in respect of the con-
sumer-

(c) information as to any action or claim involving the'
consumer, for which proceedings appear to be barred

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CREDIT REPORTING 23

,by virtue of the Limitation of Actions Act or any other
law, unless the file referred to in subsection (3) con-
tains evidence that such proceedings are not so barred;

(4 information as to the payment or non-payment of taxes
incurred more than seven years before the date on
which the information is provided;

(e) information as to convictions for any offence in respect
of which-

(i) an absolute discharge or full pardon has been
granted by virtue of any law;

(ii) the offender is released from ,imprisonment
(whether or not such release is absolute or on
conditions of parole) more than seven years
before the date on which the information is
provided; or

(iii) the offender is not sentenced to serve a term
of imprisonment and the date of conviction is
more than seven years before the date on
which the infonhation is provided;

(j) information as to any claim or action-

. . ' (i) concluded more'than seven years before the
date on which the information is provided; or

(ii) commenced inore than twelve months before
' the date on which the information is
provided, unless accompanied by information
as to the current status of the claim or action;

(g) information as to criminal charges that &e, at the date
on which the -information is provided, dismissed, set
aside or withdrawn;

(h) any information adverse to the consumer that has not
been verified by the credit bureau at any time during a
period of seven years immediately preceding the date
on which the information is provided;

[The inclusion of this page is authorized by L.N. 92~12012)

CREDIT REPORTING

(i) any information provided orally to the credit bureau,
unless such information is contained in a file referred
to in subsection (3).

(3) A credit bureau, shall maintain in respect of each
consumer about whom it has obtained credit information, a
file-

(a) stored in a form that accords with subsection (1); and

(b) consisting of all the material and information that a
consumer is entitled to have disclosed under section
15.

(4) Before granting approval for credit information to
be stored in another jurisdiction pursuant to subsection (l)(c),
the Minister shall be satisfied, on the advice of the supervising
authority, that-

(a) appropriate arrangements are in place to ensure-

(i) the security of the credit information when so
stored; , .

(ii) that the provisions of this Act will be com-
plied with in relation to the credit informa-
tion;

(iii) that the credit information will be made
accessible to an authorized officer for the pur-
poses of any investigation conducted under
this Act into any alleged breach of its
provisions; and

(b) all other prescribed requirements have been complied
with.

(5) A credit bureau that contravenes any provision of
this section commits an offence.

Confiden - 1 3 . 4 1 ) Subject to subsection (2), every credit bureau, credit
tiality of
credit information provider, present or past employee of a credit
information. bureau or credit information provider, or other person who by

reason of his capacity or office has by any means access to

[The inclusion of this page is authorized by L.N. 92c/2012]

a CREDIT REPORTING 25

credit information, shall regard as secret and confidential all
documents or information disclosed to it in connection with the
performance of any duty or function under this Act. - , .

(2) A disclosure made in any of the following circurn-
stances shall not be deemed inconsistent with any duty.imposed
by this section, being a disclosure-

(a) permitted by the provisions of this Act or any other
law; .

(b) to the supervising authority for the purposes of this
Act;

(c) made in any legal proceedings for an offence under this
Act or the Perjury Act; or

(d) which it is reasonable for the credit bureau, credit
information provider or other person aforesaid, to make
for the purpose of executing the provisions of section
9(2) (contents of register) or for the purposes of a hear-

, , ing under section 6.
(3) A person who contravenes subsection ( I ) commits an

offence.

(4) Every credit bureau shall-

(a) take all reasonable steps to prevent unauthorized access
to, or unauthorized use or disclosure of credit informa-
tion in its custody, possession or control;

(b) notify the consumer concerned, and the supervising
authority, ' as to any unauthorized access to, or
unauthorized use or disclosure of, credit information
referred to in paragraph (a); and

(c) comply with such directions as may be given to it by
the supervising authority as to the steps to be taken to
remedy any unauthorized access to, or unauthorized use
or disclosure of, credit information referred to in para-
graph (a).

$ . (5) A person who knowingly uses or discloses credit

[The inclusion of this page is authorized by L.N. 92c/2012]

26. CREDIT REPORTING

information obtained by any person in contravention of this Act
commits an offence.

Dutytodis- 1 4 . 4 1 ) A person who obtains from a credit bureau any
close source of
credit credit information about any consumer shall, if so requested by
information. that consumer-

(a) confirm the receipt of such information; and

(b) disclose to the consumer the name and address of the
credit bureau that provided the information.

(2) Where a person denies any benefit to, or imposes
any liability upon, a consumer based on any credit information
provided by a credit bureau, such person shall deliver to the con-
sumer, at the time of communicating the denial or liability, a
notice-

(a) stating that the denial or the imposition of the liability
is based on credit information provided by a credit
bureau; and

(b) advising the consumer of his right to request from that
person, within thirty days after' the receipt by the con-
sumer of a notice under this subsection, the matters
'referred to in subsection (1) (b).

~ ~ t y of 1 5 . 4 1 ) Subject to subsection (3), a credit bureau shall, upon
disclosure
to consumer. the written request of a consumer, make to the consumer a clear

and complete disclostire of-

(a) the nature and substance of all information pertaining to
that consumer in the credit bureau's custody, posses-
sion or control;

(b) the sources of such information; .

(c) the name and address of every person to whom such
information has been disclosed by or on behalf of the
credit bureau during a period of six months
immediately preceding the date of consumer's request.

(2) In making a disclosure under this section, the credit
, bureau shall infork the consumer of the consumer's right to

--
[The inclusion of this page is authorized by L.N. 92c/2012]

CREDIT REPORTING 27

make a complaint under section 16.

(3) A disclosure under this section shall .be made by the
credit bureau to the consumer-

(a) free of charge, in the case of the first request made by
that consumer in each calendar year; and

(b) on payment of a fee not exceeding the prescribed
amount, in the case of a second or subsequent request
by that consumer in that calendar year.

(4) A disclosure under this section shall be in writing
delivered to the consumer within fourteen days after receiving
the request.

(5) In subsection (3), the prescribed amount means such
amount as may be prescribed by the Minister by order.

16.-41) A consumer who disputes the accuracy or complete- correction
ness of any information disclosed by a credit bureau in relation ~ ~ ~ f O " a -
to that consumer may make a complaint in person or in writing
to the credit bureau.

(2) Where a complaint is made under subsection (I), the
credit bureau shall, as soon as is reasonably practicable, and in
any event not later than f&een days after the complaint is
made-

(@) take st5ps'to confirm, correct or complete the informa-
tion, is the case may require, in order to ensure the
/

accuracy and completeness thereof;
/ (b) ensure that any credit information about the cons&er,
disclosed by the credit bureau after receiving the com-
plaint but before completing the steps required under
paragraph (a), is accompanied by a copy of the com-
plaint;

(c) ensure that a written report of the complaint, and of the
steps taken to resolve the complaint, is contained in the
file referred to in section 12(3);

(4 deliver a copy of the report referred to in paragraph (c)
to the consumer without charge together with a written

[The inclusion of this page is/authorized by L.N. 92c12012]

CREDIT REPORTING

notice advising the consumer of his rights under the
section and the time limits applicable under subsection
(3);

(e) where information is corrected or completed under
paragraph (a), deliver a copy of such information to
every person to whom the credit bureau disclosed the
inaccurate or incomplete information.

(3) Where a consumer is dissatisfied with any step taken
under subsection (2)(a)-

(a) the consumer may complain in writing to the super-
vising authority within thirty days after receiving the
report referred to in subsection (2)(c); and ,

(b) upon receiving a complaint under paragraph (a), the
supervising authority shall act in accordance with sub-
section (4), after giving the credit bureau a copy of the
complaint and an opportunity to respond to the com-
plaint in writing to the supervising authority within
such period as the supervising authority may specify in
writing.

(4) The supervising authority may-

(a) dismiss the complaint; or

(b) direct the credit bureau to take such steps as the super-
vising authority thinks necessary to-

(i) correct or complete the information, which
steps may include deleting or expunging
incorrect information from the credit bureau's
records or destroying incorrect information,
as the supervising authority considers appro-
priate in the circumstances; ,

(ii) restrict or prohibit the use of such informa-
tion, in the interest of protecting the relia-
bility of information disclosed pwsuant to
this Act;. .

[The inclusion of this page is authorized by L.N. 92~/2012]

CREDIT REPORTING

(iii) notify persons to whom the inaccurate or in-
complete information is disclosed by or on
behalf of the credit bureau, of the correct or
complete information, as the case may be,

and shall forthwith notify the consumer and the credit bureau of
its decision in writing.

(5) A consumer who, or credit bureau which, is
aggrieved by any decision or direction made by the supervising
authority under subsection (4) may appeal in writing to the
Appeal Tribunal.

(6) Upon receiving an appeal under subsection (5), the
Appeal Tribunal may, after conducting a hearing of the matter-

(a) confirm the directions;

(b) amend the directions as the Appeal Tribunal considers
appropriate; or

(c) revoke .the directions.

(7) At a hearing under subsection (6)-

(a) the credit bureau, the consumer and the supervising
authority shall, respectively, be entitled to attend the
hearing and to be represented by an attorney-at-law or
other person; and

(b) the Appeal Tribunal may require the credit bureau to
disclose the source of the inaccurate or incomplete
information.

(8) A credit bureau that fails, without reasonable excuse,
to comply with any direction given by the supervising authority
under subsection (4) commits an offence and shall be liable
upon conviction before a Resident Magistrate to a fine not ex-
ceeding two hundred and fifty thousand dollars.

(9) Subsection (8) shall not apply to any direction in
respect of which an appeal is made under subsection (9, which
has not been determined.

17.-41) A person who alleges that he is adversely affected Investigation
of com-
plaints.

[The inclusion of this page is authorized by L.N. 92r/2012]

CREDIT REPORTING

by the disclosure of any information by a credit bureau, in con-
travention of any provision of this Act, may make a complaint in
writing to the supervising authority: .... .

Provided that this section does not apply to any complaint that
falls within section 16.

(2) The supervising authority-

(a) shall ensure that its decision in resolution of any com-
plaint made under this section is communicated by

a
notice in writing to the person who made the complaint,
the credit bureau concerned and the credit information
provider who furnished the information; and

(b) may issue such directions as it thinks necessary to
implement that decisipn.

/

(3) For the purpose of investigating a complaint made
under subsection (I), the supet~vising authority may-

(a) in writing, advise the credit bureau concerned of the
general nature of the complaint and direct the credit
bureau to furnish the supervising authority with such '.

information as it may require;
"

(b) after giving the credit bureau reasonable notice, require
a person appointed by the supervising authority for the
purposes of this section, to enter upon and carry out
an inspection of any premises where the credit bureau
carries on the business of providing credit information;

(c) appoint a person to carry out the investigation.

(4) Where a Resident Magistrate is satisfied upon in-
formation given by a person appointed under subsection (3)(c),
that there are reasonable grounds for believing that there is at
any premises any item relevant to the investigation, the Resident

a
Magistrate may issue a warrant authorizing the person, together
with a constable to enter and search such premises, if necessary
by force, and to examine the item or remove the item for the
purpose of making copies.

- -

[The inclusion of this page is authorized by L.N. 92c/2012]

CREDIT REPORTING 31,

(5) Where a person or constable removes an item from
any premises for the purpose of making copies under this sec-
tion, the person or constable, as the case may be, shall give a
receipt for the item to the occupant of the premises and shall
ensure that the copies are made and the item returned to the
premises as soon as is reasonably practicable, and in any event
not later than'thirty days after the removal.

(6) A copy of any item removed from premises under
subsection (4) and certified to be a true copy by the person or
constable who removed it shall be admissible in evidence as if it
were the original of such item.

(7) For the purposes of this section "item" means any
book, document, electronic information or any object.

(8) A person commits an offence if that person, without
lawful justification or excuse, obstructs, hinders, resists or fails
to comply with the lawful direction of a person appointed under
subsection (3) (c) or a constable, in the exercise of any function
under this section.

\ PART 111. General

1 8 . - ( l ) There is hereby established for the purposes of this Appeal
Act, an Appeal Tribunal, and the provisions of the Fourth
Schedule shall have effect as to the constitution of the Appeal Schedule.
Tribunal and otherwise in relation thereto.

(2) The Appeal Tribunal shall have the functions con-
ferred upon it under section 16(5) to (7) and this section.

(3) The complainant or credit bureau concerned may
appeal to the Appeal Tribunal against a decision of the super-
vising authority in respect of any complaint made under section
17.

(4) An appeal under subsection (3) shall be made
within twenty-one days after the complainant or credit bureau,
as the case may be, receives written notice of the decision and
the reasons therefor.

[The inclusion of this page is authorized by L.N. 92~/2012]

32 CREDIT REPORTING

(5) On hearing an appeal under this section, the Appeal
Tribunal may, subject to subsection (6)-

(a) confirm, modify or reverse the decision of the super-
vising authority, or any part of that decision;

(b) in writing, refer the decision back to the supervising
authority for reconsideration by it, either generally or in
relation to any matter specified by the Tribunal,

and the Tribunal shall, within thirty days thereof, state the
reasons for so doing.

(6) The Appeal Tribunal may, on application by an
appellant, order that the supervising authority's decision to
which the appeal relates, and any directions issued by the super-
vising authority in connection therewith, shall not have effect

I
until the appeal is determined.

(7) The Appeal Tribunal may dismiss an appeal if it is
of the opinion that the appeal is frivolous, vexatious or not made
in good faith.

(8) Where under subsection (7) the Appeal Tribunal dis-
misses an appeal, it shall in writing inform the appellant and the
supervising authority, stating the reasons therefor.

(9) In making a decision, the Appeal Tribunal siall-
(a) observe procedural fairness and the rules of natural

justice; and I

(b ) act in a timely fashion.
19.-(1) The Minister may make regulations generally for the

purpose of giving effect to the provisions of this Act, and in
particular may make regulations-
,' % (a) exempting any class of persons from any provision of

this Act;

(b ) governing the form of, and procedure for, applications
for the grant or renewal of licences;

I (c) prescribinge terms or conditions to be included in ,
licences;

[The inclusion of this page is authorized by L.N. 92c/2012]

CREDIT REPORTING 3 3

(4) for the payment of fees for such applications and the
amount of such fees;

( e ) prescribing the books, accounts and records to be kept,
and the returns to be made, by a credit bureau;

u> prescribing requirements which must be satisfied under
section 12(5)(b) for the storage of credit information in
another jurisdiction.

(2 ) Regulations made under subsection ( 1 ) shall be sub-
ject to affirmative resolution.

(3) Regulations made under this section may provide for
a penalty, on summary ,conviction in a Resident Magistrate's
Court, of a fine not exceeding two hundred and fifty thousand
dollars.

2 0 . - ( 1 ) The penalties set out in column B of the Fifth offences.
Fifth Schedule shall apply to the offences specified in relation thereto Schedule,

in column A of that Schedule.

(2 ) Where a person commits an offence under this Act,
for which no penalty is expressly provided, such person shall be
liable to a fine not exceeding five hundred thousand dollars or to
imprisonment for a term not exceeding six months, or to both
such fine and imprisonment.

2 1 . 4 1 ) Where a credit bureau commits an offence under Liabilityof
directors, etc. this Act-

(a) with the knowledge and consent-of any director of the
credit bureau; or

(b ) due to the-negligence, default, breach of duty or breach
of trust, of any director of the credit bureau, such
director shall, notwithstanding any penalty imposed on
the credit bureau for the offence, be liable to conviction
for the offence. "

(2) , For the purposes of subsection ( I ) , "director"
includes a company secretary, a person who performs corporate

[The inclusion of this page is authorized by L.N. 92c/2012]

34 CREDIT REPORTING

management functions in relation to the credit bureau, and any
person in accordance with whose directions or instructions the
directors of the company are accustomed to act.

(3) No action shall lie against any officer, agent or em-
ployee of a credit bureau in respect of any act done in good
faith and in accordance with the provisions of this Act.

Functionsof 22 . - (1 ) The supervising authority is responsible for the
supervising
authority supervision of credit bureaus.
under this
A C ~ . (2) For the purposes of subsection (I), the supervising

authority shall-

(a) compile such statistics, relating to the provision in
Jamaica of credit information by credit bureaus, as the
Minister may require, and maintain a general review of,
the practice of credit bureaus in Jamaica;

(b) examine and report to the Minister o n the several
returns delivered to it pursuant to section 7;

(c) at least once in each year, examine in such manner as it
thinks necessary the affairs or business of every credit
bureau carrying on'business in Jamaica or elsewhere for
the purpose of being satisfied that the provisions of this
Act are being complied with and that the credit bureau
is in a sound financial position, and report to the
Minister the results of every such examination;

(4 examine and make recommendations to the Minister
with respect to applications for licences;

( e ) submit to the Minister-

(i) an annual report relating generally to the
execution of its duties; and

(ii) at any time, a report relating to the condition
of any credit bureau examined by it,

and any such report may contain such recommendations as the
supervising authority considers necessary or desirable to correct
any malpractices or deficiencies discovered in the execution of
its duties.

[The inclusion of this page is authorized by ~ : h . - 92r/2012]

CREDIT REPORTING 3 5

(3) In the performance of its functions under this Act, the
supervising authority shall be entitled at all reasonable times
t o -

(a) have access to all information, books, records and
documents-

(i) in the possession or control of any credit
bureau; and

(ii) that relate to the operations of the credit
bureau and may reasonably be required for
the performance of those functions;

(b) require an; director, manager, officer, auditor, former
auditor, or employee, of any credit bureau to furnish
such information or to produce any such books, records
or documents as are in his possession or control.

(4) The supervising authority may, as it thinks fit from
time to time, issue directions as to standards to be observed in
relation to-

(a) the operations of credit bureaus; and

(b) the provision of credit information by credit informa-
tion providers,

including standards as .to appropriate systems for assessing,
measuring, monitoring and mitigating identified risks.

(5) Any person who-

(a) fails to comply. with a requirement made under sub-
section (3)(b);

(b) fails to comply with directions issued under subsection
(4);

(c) wilfully attempts to mislead, or makes any false state-
ment with intent to mislead, the supervising authority
in the execution of its functions under this Act; or

(d) .without lawful excuse or justification, obstructs or
hinders the supervising authority in the execution of its
functions under this Act,

[The inclusion of this page is authorized by L.N. 92c/2012]

3 6 CREDIT REPORTING
commits an offence.

Special audit 23 .41 ) Where in any particular case, the supervising
or examina-
tion of credit authority has reasonable cause for believing that a special audit
bureau. of a credit bureau should be conducted by an audit or other than

the credit bureau's auditor, the supervising authority may
appoint an auditor or a firm of auditors for that purpose.

(2) Where an auditor or a firm of auditors is appointed
pursuant to subsection (I), the supervising authority shall
require that the auditor or firm of auditors carry out and report in
writing to the supervising authority on-

(a) such examination of the credit bureau's procedures as
the supervising authority may specify in order to deter-
mine whether or not those procedures are adequate
for the protection and reliability of credit information;

(b) such other examination of the credit bureau as, in the
opinion of the supervising authority, is necessary in the
public interest.

(3) The expenses, a s approved by the supervising
authority, of any audit or examination carried out pursuant to
subsection (1) shall be paid by the supervising authority and the
amount so paid-

(a) shall be repaid to the supervising authority by the credit
bureau concerned; and

(b) may be recovered by or o n behalf of the supervising
authority summarily in a Resident Magistrate's Court,
without limit of amount, as a civil debt.

(4) An auditor or firm of auditors appointed under sub-
section (1) shall not be regarded as being in breach of a duty of
confidentiality to the credit bureau in consequence of any report
made to the supervising authority in compliance with subsection
(1 1.

Amalgama- 24.'+1) Subject to subsect'ions (2) to (4), a credit bureau tion and
transfer. shall not amalgamate its business with, or transfer its business

to, any other entity.

(2) A credit bureau may, with the approval of the

[The inclusion of this page is authorized by L.N. 92~120 121 ,

CREDIT REPORTING

Minister, enter into an agreement or arrangement to-

(a) amalgamate its property and business (whether in whole
or in part) with the property and business of any other
credit bureau; or

(b) transfer its business (in whole or in part) to another
credit bureau.

(3) An application to the Minister for approval under
subsection (2) shall be in the form of a scheme and shall be
regulated in accordance with such provisions as may be pres-
cribed by the supervising authority with the approval of the
Minister.

(4) Where an amalgamation or transfer referred to in sub-
section (2) takes place, the credit bureau as amalgamated or to
which the business is transferred (as the case may be) shall,
within thirty days after the date of completion of the
amalgamation or transfer, or such longer period as the Minister
may allow, deposit with the Minister-

(a) certified copies of statements of the assets and lia-
bilities of the credit bureaus concerned in the amal-
gamation or transfer together with a statement of the
nature and terms of the amalgamation or transfe;;

(b) a certified copy of the agreement or deed under which
the amalgamation or transfer is effected;

(c) a declaration signed by the secretary or manager, if any,
and by at least two directors of the credit bureau that, to
the best of their belief, all credit information in the
possession of the credit bureaus concerned in the
amalgamation or transfer has at all times* during the
process of the amalgamation or transfer been kept in
accordance with this Act, and is being so kept by the
credit bureau as amalgamated.

(5) A person who, in any statement, agreement, deed or
declaration referred to in subsection (4), causes or permits the
inclusion of any information which he knows to be false in a

[The inclusion of this page is authorized hy L.N. 92r12012]

CREDIT REPORTING

material particular or recklessly includes any information which
is false in a material particular, commits an offence.

vesting of 25.-(1) Where a credit bureau amalgamates its business with,
assets on sale
of credit or transfer its business to, another credit bureau, if the
bureau. purchasing credit bureau requires that assets included in the sale

agreement be vested in it pursuant to this section, it may make
written application to the Minister, specifying which of such
assets it requires to be so vested.

(2) Where the Minister receives an application under
subsection (I), he may, if he thinks fit, make an order vesting,
subject to the sale agreement, the assets specified in the
application in the purchasing credit bureau, and thereupon-

(a) the assets shall so vest without further conveyance,
assignment or assurance; and

(b) without prejudice to paragraph (a), the credit bureau
making the sale shall, if requested by the purchasing
credit bureau, execute such formal and separate con-
veyances, assignments and assurances as are reason-
ably required by the purchasing credit bureau in con-
formity with the sale agreement.

Co-operation 26. Every entity having supervisory control over credit
with super-
vising information providers shall co-operate with the supervising
authority. authority and grant to the supervising authority such assistance

as it may reasonably require in the exercise of its functions
under this Act.

Investiga- 27.-(1) The supervising authority may, where it considers it
tions. expedient to do so, hold or cause to be held an investigation-

(a) to determine whether it should advise that any licence
granted under this Act should be suspended, restored or
revoked;

(b) to determine whethe; a breach of any provision of this
Act, any regulations made hereunder or the terns or
conditions of any such licence has been committed, and
the circumstances thereof; or

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CREDIT REPORTING 39

(c) as respects any matter related to or connected with its
functions so as to determine whether any of such func-
tions should be exercised.

(2) with respect to any investigation under subsection
(I), the following provisions shall have effect-

(a) any person holding the investigation (hereinafter

a referred to as "the investigator") shall do so in such manner and under such conditions as the investigator
thinks fit;

(b) the investigator shall have, for the purposes of the
investigation, the power t w

(i) summon witnesses;

(ii) call for the production of books and docu-
ments; and

(iii) examine on oath any witnesses and the parties
concerned;

(c) any person summoned to attend or to produce books or
documents under this section who refuses or neglects to
do so, or refuses to answer any question put to him by
or with the concurrence of the investigator, commits an
offence;

(6) any witness attending at the request of, or upon sum-
mons by, the investigator shall be entitled-

* (a) subject to any order made by the supervising
authority, to such allowances for expenses as
may be prescribed; and

(b) to have his attorney-at-law present.

a 28. No liability is incurred by the Minister or the supervising Indemnity. authority, or any of its officers, for anything done bona fide in
the exercise of any power, or the performance of any function or
duty, under this Act.

29. Subject to affirmative resolution, the Minister may by Powerof
Minister to order published in the Gazette amend any monetary penalty ,end

imposed by this Act. penalties by
order.

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CREDIT REPORTING

F~RST SCHEDULE (Section 6)

Procedure for Suspension or Revocation of Licences

1. Before acting under section 6(3)(a), the Minister shall give notice
of his intention to do so, in writing to the credit bureau concerned.

2. A credit burequ that receives a notice under paragraph (1) may
request a hearing by delivering to the Minister, within twenty-one days
after receiving the notice, a written request setting out the reasons why
the licence should not be suspended or revoked (as the case may be).

3. Where a request for a hearing is made under paragraph (2), the
Minister may, if he thinks fit, appoint a person or persons-

(a) to conduct the hearing; and

(b) to submit to him, for his determination, a written report of the
findings and recommendations, within twenty-one days after the
hearing.

4. A person or persons appointed under paragraph (3) shall conduct
.the hearing within twenty-one days after the date on which the appointment
is made.

5. Where the person or persons referred to in paragraph (4) fail to comply
with that paragraph, the Minister shall conduct the hearing.

6. After a hearing is conducted under this Schedule, the Minister
may-

(a) revoke or suspend the licence;

(b) in the case of a suspension, reduce the period of suspension of
the licence; or

(c) determine that no action is warranted under section 6(3).

7. Where a suspension or revocation is rescinded under paragraph (6),
the Minister shall ensure that a notice of the rescission of the suspension
or revocation is published, as soon as is reasonably practicable, on at least
two separate dates in a newspaper in circulation in Jamaica.

8. The credit bureau concerned and the supervising authority shall be
entitled to attend the hearing and shall be entitled to make representations
through their officers or attorneys-at-law.

9. Subject to the provisions of this Schedule, the Minister or the person
01 persons (as the case may be) conducting a hearing under this Schedule
may determine the form of the proceedings at the hearing, which may
include the giving of evidence upon oath and the marshalling. of evidence
by an attorney-at-law.

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CREDIT REPORTING 4 1

1.0: The Minister shall ensure that a copy of the reasons for his decision
following a hearing is delivered, in writing within thirty days after the
hearing, to the person who requested the hearing and to the supervising
authority.

11. ,!Jybject to section 6(5) the period for which a licence is suspended
pursuant to paragraph (6) shall be specified in the reasons for the decision
delivered under paragraph (1 0).

12. The revocation of a licence pursuant to this Schedule shall take
effect upon the date specified in the notice referred to in paragraph
(1 3).

13. Where a licence is revoked or suspended under this Schedule-

(a) a notice of the revocation or suspension, as the case may be,
shall be published on at least two separate dates in a daily news-
paper in circulation in Jamaica;

(6) the Minister shall give to the person whose licence is revoked or
suspended, such directions as he thinks fit with a view to
securing the confidentiality, preservation and storage of any credit
information concerned; and

,
(c) the person referred to in paragraph (6 ) shall act in accordance

with the directions given by the Minister under that paragraph,
and no proceedings shall be taken against that person in respect
of any action taken in accordance with such directions.

14. A person who fails to comply with directions given under para-
graph (1 3) commits an offence.

15. There shall be paid to a person or persons appointed under para-
graph (3) such remuneration by way of honorarium as the Minister
shall determine.

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CREDIT REPORTING

SECOND SCHEDULE (Section 7)

Form of Annual Report

I
1. Name of credit bureau:

2. Principal place of business: /

--

3. List all other places of business:

4. List the names and addresses of all directors, managers and senior
officers: -

5. List all credit information providers on your register:

[The inclusion of this page is authorized by L.N. 92c/2012]

CREDIT REPORTING

(5)

(7)

Continue list on additional sheet, ifnecessary.

6. State the following:

(I) Total number of credit reports provided during the
year:

(2)' Percentage of total credit reports provided to:

(i) Banks

(ii) Licensed Financial Institutions

(iii) Building Societies

(iv) Credit Unions

(v) Development Bank of Jamaica

(vi) Hire Purchase Companies

(vii) Insurance Companies

(viii) Other credit bureau

(ix) Others

State:

(1) The number of consumers requesting disclosure under section
15

(2) The number of complaints raised under section 16(1)

(3) The number of corrections, supplements and deletions made under
section 16(2)

(4) he number of corrections ordered by the supervising authority
under section 16(4)

(5) The number of notifications ordered by the supervising authority
under section 16(4)

8. List all appeals made by consumers to the Appeal Tribunal under
section 16(5) and the outcome of all hearings:

[The inclusion o f this page is authorized by L.N. 92d20121

CREDIT REPORTING

9. List all complaints in respect of which the supervising authority has
required information under section 17:
(1)

(2)

(3)

10. State whether any investigation has been undertaken by a person
appointed by the supervising authority under section 17 and the
outcome of such investigation:

1 1 . List all law &its which have been filed or threatened by consumers
arising out of any credit report:

( 1 )

[The inclusion of this page is authorized by L.N. 92420121
...

CREDIT REPORTING

We, and

being two directors of the above-mentioned credit bureau, hereby declare

and confirm that the information stated above is accurate and complete in all

material respects.

Signed:

Name of Director:

Signed:

Name of Director:

Dated this day of

Note: Your audited financial statements for the relevant financial year
should be provided with this annual report.

[The inclusion of this page is authorized by L.N. 92c/2012]

CREDIT REPORTING

THIRD SCHEDULE (Section 11)

Form of Statutory Declaration .. ...

(here state name o f declarant)

IN THE MATTER of section l l ( l ) ( e )
of the Credit Reporting Act.

AND IN THE MATTER of

(here state name of consumer).

1,
- (here state name of declarant)

, .
do solemnly and sincerely declare that:-

1. 1 reside and have my true place of abode at

(here state address of declarant)

in the Parish of ,

Jamaica and 1 am a member of the Jamaica Constabulary Force holding the
rank of

(here state rank)

1 am duly authorized to make this Declaration on behalf of the Jamaica
Constabulary Force.

2. The Jamaica Constabulary Force is currently conducting certain
investigations and believes that

(here state name of consumer)

may be able to assist in such investigations.

3. In connection with the foregoing, the Jamaica Constabulary Force requires
identification information with respect to

(here state name of consumer)

[The inclusion of this page is authorized by L.N. 92~/2012]

CREDIT REPORTING 47,

4. I confirm that the information requested is required solely for the
purposes contemplated by section ll(1) (e) of the Credit Reporting
Act.

AND 1 make this solemn declaration conscientiously believing the same to
be true, and by virtue of the Voluntary Declarations Act.

TAKEN AND ACKNOWLEDGED this

day of , 1

before me: 1

JUSTlCE OF THE PEACE

for the parish of
b

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- CREDIT REPORTING

FOURTH SCHEDULE (Section 18)

Constitution and Procedure of Appeal Tribunal

1 . 4 1 ) The Appeal Tribunal shall consist of at least three members Constitution.
appointed by the Minister as follows-

(a) at least one member shall be an attorney-at-law who has practiced . .
for at least ten years; and

(b) the other members shall be selected from among persons who
.

. appear to the Minister to be qualified as having had experience
of, and shown capacity in, matters relating to industry, finance,
economics, accountancy, commerce or law.

(2) If there are fewer than three members, but at least two members
in office, the Tribunal shall be deemed to be properly constituted for a
period not exceeding ninety days after the deficiency in the number of mem-
bers first occurs.

(3) During any period in which there is a deficiency in number, the
Minister- 4 t ; l :

(a) may by order appoint zdditional members to the Tribunal for a
limited period and purpose; and

(b) shall in any such order, state that the member's participation is
limited to specified matters or classes of matters within the
jurisdiction of the Tribunal.

(4) The Tribunal shall meet at such times as may be necessary for
hearing appeals under this Act.

2. The members of the Tribunal shall, subject to the provisions of Tenureof
this Schedule, hold office for such period not exceeding two years as Office.
the Minister may determine and shall be eligible for reappoint-
ment.

3. No person shall be qualified for appointment as a member of the Disqualifica-
Tribunal who- tion from

appointment.
(a) is a member of the Senate or the House of Representatives;

(b) is a director, officer, employee or auditor of a credit bureau or
. -

credit information provider; and

(c) has a direct or indirect proprietary interest in more than five per-
cent of any class of the shares of any credit bureau or credit
information provider.

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CREDIT REPORTING 49

Chairman. 4 . 4 1 ) The Minister shall appoint one of the members of the Tribunal
to be the chairman thereof.

(2) In the case of the absence or inability of the chairman to act at
any sitting of the Tribunal, the members of the Tribunal present at
that sitting shall elect one of their numbers to act as chairman at that
sitting.

Hearing 5 . 4 1 ) A m'atter referred to the Tribunal shall be heard and deter-
panel. mined by a panel consisting of three members of the Tribunal, one of

whom shall be an Attorney-at-law, as assigned by the chairman of the
Tribunal.

(2) In assigning members of the Tribunal to a panel, the chairman
shall take into consideration the requirements, if any, for experience and
expertise to enable'the panel to decide the issues raised in any matter
before the Tribunal.

(3) The Tribunal may co-opt to a panel such persons as, in its
opinion, have the requisite expertise in any matter before that panel for the
purpose of advising the panel on that matter.

Disclosureof 6 . 4 1 ) A member of the Tribunal who has any interest, directly or . interest. indirectly, in any matter brought before the Tribunal-
(a) shall disclose the nature of the interest at a sitting of the Tribunal;

and

(6 ) shall not take part in any deliberation or decision of the Tribunal
with respect to that matter.

(2) A notice in writing given by a member at a sitting of the
Tribunal to the effect that he is interested in any appeal before the Tribunal
shall, for the purposes of sub-paragraph ( I ) , be a sufficient disclosure of
his interest in relation to any appeal.

(3) A member need not attend in person at a sitting of the Tribunal in
order to make a disclosure which he is required to make under this para-
graph if he takes reasonable steps to secure that the disclosure is made
by notice in writing which is taken into consideration and read at such a
sitting.

@esignat ions . 7 . 4 1 ) Any member of the Tribunal, other than the chairman, may at
any time resign his office by instrument in writing addressed to the Minister
and transmitted through the chairman, and fiom the date of the receipt by
the Minister of such instrument, that member shall cease to be a member of
the Tribunal.

(2) The chairman may at any time resign his office by instrument in
writing addressed to the Minister and such resignation shall take effect'as

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I

50 CREDIT REPORTING

from the date of receipt of that instrument by the Minister.

8. The Minister may at any time revoke the appointment of any member Revocation
of the Tribunal if such member- of appoint-

ment.
(a) becomes of unsound mind or becomes permanently unable to

perform his functions by reason of i l l health;

(6) becomes bankrupt or compounds with, or suspends payment to, his
creditors;

(c) is convicted and sentenced to a term of imprisonment or to death;

(4 is convicted of an offence involving fraud, dishonesty or moral
turpitude;

a
(e) becomes disqualified for appointment by virtue of paragraph 3;

(f) fails without reasonable excuse to carry out any of the functions
conferred or imposed on him under this Act; or

(g) engages in such activities as are reasonably considered prejudicial
to the interest of the Tribunal.

9. If any vacancy occurs in the membership of the Tribunal, such Fillingof
vacancy shall be filled by the appointment of another member thereof. vacancy.

10. The names of all members of the Tribunal as first constituted Publication
and every change in the membership thereof shall be published in the ''embe'
Gazette.

1 1 . There shall be paid to the chairman and other members of the Rmunera-
Tribunal in respect of each appeal, such remuneration, whether by way of
honorarium, salary or fees,, and such allowances as the Minister may
determine.

12. The decisions of the Tribunal shall be by a majority of votes of the voting.
members.

I 1 3 . 4 1 ) The Tribunal shall determine matters before it by order. Order.

(2) The Tribunal may make an order subject to the conditions that
are set out in the order.

1 4 . 4 1 ) The Tribunal shall have the power to summon and enforce Powerover
the attendance of witnesses and to compel them to give evidence on witnesses
oath or otherwise and to produce documents, records and things. and evidence.

a
(2) The Tribunal may require or permit persons to give evidence

before it by affidavit.

15.-41) The Tribunal may order a party to a proceeding before it to costs.
I

pay the costs of another party and the Tribunal's cost of the pro-
ceedings.

[The inclusion of this page is authorized by L.N. 92~/2012]

CREDIT-REPORTING 5 1

(2) The Tribunal shall determine the amount of an order for costs
in accordance with the rules of the Tribunal.

(3) Any costs of the Tribunal ordered to be paid pursuant to
sub-paragraph (1) may be recovered in a Resident Magistrate's Court by
or on behalf of the Tribunal as a civil debt due to the Crown notwithstanding
any limitation as to amounts recoverable under the Judicature (Resident
Magistrate's) Act.

Regulation 16. Subject to the provisions of this Schedule, the Tribunal shall regulate
f pro- m its own proceedings. edings.

Officenot . 17. The office of chairman or member of the Tribunal shall not be a
public
office.

public office for the purposes of Chapter V of the Constitution of
Jamaica.

[The inclusicm of this page is authorized by L.N. 92c/2012]

Column A -
Offences

CREDIT REPORTING

FIFTH SCHEDULE

Oflences and Penalties

i
1. Section 3 (1)-Disclosure of credit

I information for monetary payment
or otherwise.

2. Section 3(8)-4bstruction of
I officer executing warrant.

I
3. Section 4(6)-Knowingly or

recklessly supplying false
information, etc., in licence

- 1 application.

4. Section 4(7)-Using the words

I "credit bureau" etc. in name
without licence or approval.

(Section 20)

Column B

Penalty on Conviction

Upon conviction before a
Resident Magistrate, a
fine not exceeding two
million dollars or
imprisonment for a term
not exceeding one year, or
both such fine and
imprisonment.

Upon conviction before a
Resident Magistrate, a
fine not exceeding five
hundred thousand dollars.

Upon conviction before a
Magistrate, a fine not .
exceeding one million
dollars or imprisonment
for a term not exceeding
six months, or both such
fine and imprisonment.

Upon conviction before a
Resident Magistrate, a
fine not exceeding five
hundred thousand dollars.

I 5. Section 7(3)-Failure to give Upon conviction before a
notification of change in Resident Magistrate, a
particulars. fine not exceeding two

I hundred and fifty
thousand dollars.

6. Section 8(7)-Disclosure of Upon conviction before a
unreliable, confidential or personal Resident Magistrate, a
information; failure to correct fine not exceeding two

I unreliable information. million dollars.

[The inclusion of this page is authorized by L.N. 92c/2012]

Column A
, -

Offences -

CREDIT REPORTING ' 53

FIFTH SCHEDULE, contd.

Offences and Penalties, contd.

Column B -
Penalty on Conviction

7. Section 8(8)-Disclosure of credit Upon conviction before a
information obtained from person Resident Magistrate, a fine
other than credit information not exceeding two million
provider. dollars.

8. Section 9(4)--Failure to main- Upon conviction before a
tain register of credit informa- Resident Magistrate, a fine
tion providers. not exceeding two hundred

and fifty thousand dollars.

9. Section 1 O(6) and ( 7 w b t a i n - Upon conviction before a
ing or disclosing information Resident Magistrate, a fine
while prohibition notice is in not exceeding two million
effect. dollars or imprisonment for

a term not exceeding six
months, or both such fine
and imprisonment.

10. Section 1 1(6)--Unlawful dis- Upon conviction before a
closure of credit information Resident Magistrate, a fine
by credit bureau. not exceeding two million

dollars or imprisonment for
a term not exceeding one
year, or both such fine and
imprisonment.

1 1. Section 1 1 (8)-Unlawful use Upon conviction before a
of credit information. Resident Magistrate, a fine

not exceeding two million
dollars.

12. Section 13(3) or (5)-Breach Upon conviction before a
of confidentiality; knowingly Resident Magistrate, a fine
using or disclosing credit not exceeding two million
information obtained in dollars or imprisonment for
contravention of Act. a term not exceeding one

year, or both such fine and
imprisonment.

[rile inclusion of this page is authorized by L.N. 92c/2012]

CREDIT REPORTING

FIFTH SCHEDULE, contd.
I

Offences and Penalties, contd.

Column A -
Offences -

13. Section 22(5)-Failure to comply
with requirement or directions of
supervising authority; wilfully mis-
leading or obstructing supervising
authority. .

Column B -
Penalty on Conviction

Upon conviction before a
Resident Magistrate, a fine
not exceeding two million
dollars or imprisonment for
a term not exceeding one
year, or both such fine and
imprisonment.

14. Section 24(5)-Inclusion of false Upon conviction before a
information in statement, etc., Resident Magistrate, a fine
relating to amalgamation or trans- not exceeding one million
fer. dollars.

I 1 5. Section 27(2)(c)- Upon conviction before a
Refusing to produce books or Resident Magistrate, a fine
documents or to answer questions not exceeding five hundred
put by investigator. . thousand dollars.

16. First Schedule, paragraph (14)- Upon conviction before a
Failure to comply with directions Resident Magistrate, a fine

I of Minister. not exceeding two million
dollars or imprisonment for
a term not exceeding one
year, or both such fine and
imprisonment.

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