Fracking Fracking And Fracking - 879 Words

Fracking is the process of drilling and injecting fluids or even gas into the ground at a high pressure in order to fracture rocks to release gas inside. Some types of fracking are Hydraulic Fracking and Pneumatic Fracking. Hydraulic fracking happens when a liquid fluid such as water, oil and acid just to name a few is used to fracture rocks to release gas. The water brought in is mixed with sand and chemicals to create fracking fluid. Approximately 40,000 gallons of chemicals are used per fracturing (9). Pneumatic fracking has the same concept as hydraulic fracking except instead of using liquid base fluids it uses gas or even air. But pneumatic fracking is usually used in shallow formations. There can be a lot of health and environmental risk that come with fracking in Texas, such contaminating water and destroying land caused by digging into the ground or even what could be a big argument depending on your view point of fracking is whether it causes earthquakes or not. The first frac job was carried out in July 1947. (Charlez 239). But that the current fracking technique was not used on a commercial scale until the 1990s, in the Barnett Shale in Texas according to an article â€Å"Why not fracking† by Bill McKibben. Fracking can be a big topic to talk about in Texas. One of the big topics is how much natural gas it produces, according to Bill Powers â€Å"Texas is the third largest producer of natural gas in the world and as of March 2012Show MoreRelatedFracking : Fracking And Fracking1524 Words   |  7 Pages Hydraulic Fracturing Research Paper Hydraulic Fracturing (also commonly known as fracking) is a process used to extract natural gasses deep within the earth. This is done by drilling vertically into the ground until the desired depth; then drilling horizontally; and pumping millions of gallons of water, sand, and other chemicals into the drill at a high pressure to create fissures through which the gas can escape. Currently, hydraulic fracturing is extensively used in the United States in orderRead MoreFracking : Fracking, Or Fracking?2187 Words   |  9 PagesHydraulic fracturing, or fracking, has been a hot topic in recent times due to its controversial ways. Many people argue that it is a way for the United States to become less dependent on foreign oil, while others argue that the environmental cons outweigh the pros of fracking. Fracking is the process of extracting natural gas from underground by drilling into the earth. This is done by injecting water, sand, and chemicals into a bedrock formation by a well (â €Å"Hydraulic Fracking†). By doing this, theRead MoreFracking : Fracking And Fracking851 Words   |  4 PagesWhat is Fracking? When you look at the title of this paper you ask yourself, what is fracking, and you probably try to learn the definition so that you’ll actually understand what I am writing about. However, I am going to tell you what fracking is. What is fracking? Fracking is the injection of fluid into the ground in order to get natural fossil fuels to come to the surface, in order to use them for gas and other things (Fracking). How does fracking work? Water and sand are pushed into the groundRead MoreFracking, The And Of Fracking2199 Words   |  9 Pagesthe subject of hydraulic fracturing, better known as fracking has been a constant subject of interest in the news media. The pros and cons of fracking are passionately debated. However, the public should become educated on the subject of fracking prior to choosing a side of the argument. In the scholarly article, â€Å"Super Fracking,† published in 2014, by Donald L. Trucotte, Eldridge M. Moores, and John B. Rundle, a detailed des cription of fracking is provided, followed by their analysis of current issuesRead MoreFracking And The Environment : Fracking983 Words   |  4 PagesTayler Hedgecock Dr. Allen Composition 2 MWF 11 AM Fracking and the Environment Hydraulic fracturing, also known as fracking, is not an environmentally sound method of acquiring cleaner, cheaper energy. Fracking is a practice that is being used in order to collect natural gas from deep within the earth’s layers of shale rock. Fracking is the process in which water, sand, and chemicals are forced with immense pressure, approximately ten to fifteen thousand pounds per square inch, into the shale rockRead Morefracking1150 Words   |  5 Pages Mathew Lee5/27/14 Chemistry Fracking Essay Fracking is a very controversial topic of conversation that’s has been around for years, but has just recently reached the forefront of the environmental scene because of increase in its activity and added opposition against this controversial topic of retrieving natural gas. Fracking is defined as the process of drilling down into the earth before a high-pressureRead MoreFracking : Fracking And Its Effects On The Environment1286 Words   |  6 Pagesfracturing, commonly referred to as fracking, is a widespread practice in the United States. Fracking is a method used to extract oil and natural gas. Scientists and citizens report detrimental side effects of hydraulic drilling. New York and Vermont have banned fracking statewide. Maryland has set a two year moratorium on fracking, so that more research can be done to show the impacts of fracking on the environment. Nationwide, many other cities and counties have banned fracking as well. All states shouldRead MoreFracking4183 Words   |  17 PagesFracking and its major implications it has on the earth In today’s day and age, societies are a lot more aware of the environment and furthermore, concerned for the Earths sustainability. Although this is the case for most, Multinational Enterprises (MNEs) often target developing countries that are rich in resources and therefore take them for all they’ve got. One such example is fracking the earth, in order to extract natural gases that could potentially benefit corporations and contribute toRead MoreCritical Analysis On Fracking And Fracking1907 Words   |  8 PagesCritical Analysis for Fracking Recently, America was introduced to a new invention called fracking, which makes it conveniently possible to access oil and gas. The fracking process consists of using a technical machine that digs through the surface of the earth and inserts large amounts of water with mixed chemicals to rapidly attain large amounts of oil and gas. However, it has been difficult for people to reach a median between its risks and benefits. Those who refuse fracking are concerned thatRead MoreCritical Analysis On Fracking And Fracking Essay1790 Words   |  8 Pages Critical Analysis for Fracking Throughout the last six or five years, America was introduced to a new invention called Fracking, which is to help access oil and gas through a technical machine. Due to some concerns, it has been difficult to have a median between its risks and benefits. Those who oppose it are concerned with what will happen to the environment and if their fresh water can be at risk for contamination. Those who are for fracking probably are not too concerned for the environment

Internal Communication on Employee Engagement

Question: Discuss aout the Internal Communication on Employee Engagement. Answer: Introduction: The importance of effective communication at workplace cannot be understated. It should be remembered that it is effective communication that helps to increase employee productivity, boost employee morale, resolve workplace conflicts and ultimately ensures organizational success. The article Explaining employee job performance: The role of online and offline workplace communication networks claims that is the reason why organizations have also started incorporating communication training at workplaces. Unlike earlier times, presently communication at workplace involves not only verbal communication, but also non-verbal communication and electronic modes of communication as well (Zhnag and Venkatesh 2013). The first and foremost advantage of workplace communication, according to the article is that it helps the employees belonging to the upper management level successfully communicate the business strategies to the workers of the grass root level. The employers and the managers communicating the immediate goals of the company to its subordinates help them to develop a sense of clarity of thought as to what their job role needs them to do. Similarly, it is communication in such situations alone that helps the management authority align the organizational goals with the benefits of the employees (Keyton et al. 2013). For example, an organization that intends to set a new sales target for a given period of time or its employees must summon the employees and explain the employee benefits such as bonuses, or incentives the employees accomplishing the target are entitled to. The importance of effective communication, the author argues, also lies in the fact that it ensures smooth flow of operations and improves the overall productivity of the organization. Organizations like restaurants operating in the service sector have to continually communicate with the staff members for the smooth operation of the duties, via verbal as well as non-verbal modes of communication. The organizations operating in the tourist or hotel industry employ the use of different hand gestures, as well as vocal cues to transmitting the message to the respective staffs and the outcome is a timely, efficient and satisfying consumer service. Besides, the author adds that with the advent of technology, the electronic modes of communication have also assumed much significance in recent times (Wood, 2015). The multinational, large-scale organizations are scattered across the globe, and hence it is very difficult to keep in touch with the goals and strategies of the business managers of each region, and hence it is with the help of the web-conference based communication do the managers of each region is able to keep in touch with the marketing strategies or plans of the others. Thus, communication within the organization also helps the large scale organizations keep in touch with the respective branches and adopt a systematically organized and mutually consented decision in future. In this way, the author does refer to a variety of communication styles employed by organizations at present, and this helps in keeping the reader engaged. Again, the article claims it is equally important to note that communication also helps an employee feel empowered, and it can be the sole motivational factor he might be working for hours. Before implementing a strategy, an organization that lets its managers communicate the plans and strategies with the employees and ask for their feedback, helps in making the employees feel valued (Jackson 2016). This form of exemplification of each concept shared, largely helps in enriching the ideas expressed by the writer in the article. This form of upward communication helps an employee understand that he is also a part of the organization, and his decisions and opinions also matter. Again, on the other hand, it has often been observed that the employers also are largely benefitted when the employees recommend any new change or advice a slight change in the strategy that in the long run proves to be beneficial (Eertwegh et al. 2013). The strength of the article lies in the fact that it does refer to a variety of advantages that effective communication has at workplace. The article in a simple, lucid style explains why good communication should be practiced by any organization, and why it is indispensible. The article keeps on referring to a variety of literary articles and past researches that also boost the credibility of the content. On the other hand, the major weakness of the article is that it does not offer any feasible solution to an organization that lacks effective communication. The article is being written in a plain style, easily comprehensible to the reader, and each articles perspective is being clearly stated by the author. Conclusion: To conclude, it the article explains that communication at workplace plays a great role. It motivates an employee, helps him deliver greater service to the clients, results I higher retention rates and higher rate of productivity, and all these taken together facilitate a company achieve organizational success in no time. Though many previous articles had also explained the importance of communication at workplace, and this article had nothing new to offer, its lucid presentation, and demonstrative style makes the article stand ahead of other articles. Reference List: Goetsch, D.L. and Davis, S.B., 2014.Quality management for organizational excellence. Upper Saddle River, NJ: pearson. Jackson, D., 2016. Modelling graduate skill transfer from university to the workplace.Journal of Education and Work,29(2), pp.199-231. Keyton, J., Caputo, J.M., Ford, E.A., Fu, R., Leibowitz, S.A., Liu, T., Polasik, S.S., Ghosh, P. and Wu, C., 2013. Investigating verbal workplace communication behaviors.The Journal of Business Communication (1973),50(2), pp.152-169. van den Eertwegh, V., van Dulmen, S., van Dalen, J., Scherpbier, A.J. and van der Vleuten, C.P., 2013. Learning in context: Identifying gaps in research on the transfer of medical communication skills to the clinical workplace.Patient education and counseling,90(2), pp.184-192. Wood, J.T., 2015.Interpersonal communication: Everyday encounters. Nelson Education. Karanges, E., Johnston, K., Beatson, A. and Lings, I., 2015. The influence of internal communication on employee engagement: A pilot study.Public Relations Review,41(1), pp.129-131. Kim, J. and de Dear, R., 2013. Workspace satisfaction: The privacy-communication trade-off in open-plan offices.Journal of Environmental Psychology,36, pp.18-26. Zhang, X. and Venkatesh, V., 2013. Explaining employee job performance: The role of online and offline workplace communication networks.Mis Quarterly,37(3), pp.695-722.

The Last Tycoon Essays - Films, The Last Tycoon,

The Last Tycoon Infatuating Idealism in F. Scott Fitzgerald's The Last Tycoon Idealism Is undoubtably present in F. Scott Fitzgerald's The Last Tycoon. Infatuation may be a better word, for that was exactly what possessed the main character, Monroe Stahr. He was totally engorged with one Kathleen Moore. He idealized Miss Moore as the second coming of his deceased wife Minna Davis. Stahr was a true man of men that had little to do with women since the tragic passing of his wife. He would rather put his feet up with a cigar and shoot the breeze with the boys. Yet once he laid eyes on Kathleen for the first time, all of that changed. It was love at first sight. Kathleen and Stahr meet after an earthquake rocked Los Angles. Stahr was surveying the damage done to the studio, when a prop came floating by with two "dames" clinging to it for their lives. A stage hand rescued and presented them to Stahr for judgement. That was the moment that would change everything. The following excerpt is a narration of what was going through Stahr's mind when he was struck blind by Cupid's golden arrow. "Smiling faintly at him from not four feet away was the face of his dead wife, identical even to the expression. Across the four feet of moonlight, the eyes he knew looked back at him, a curl blew a little on a familiar forehead; the smile lingered, changed a little according to pattern; the lips parted--the same." (Chp II, p.26) She was Minna, but she wasn't. All her features were Minna's, except her voice. "--and then he heard another voice speak that was not Minna's voice." (Chp II, p.26) She was obviously British and not glamorous American, as Minna's had been. Nevertheless, she was a replica of his life long love. Stahr determined right then that she would be the next. Before he could get himself together, Kathleen was whisked away by the police for trespassing. Stahr spent the next few days trying to track her down. By this time he had fully succumbed to her rapture. On their third meeting, they happened to stumble upon each other at a posh Hollywood party. Her beauty brought back all the sensations that had trapped him initially. The scene was as follows: "...the white table lengthened and became an altar where the priestess sat alone. Vitality welled up in him, and he could have stood a long time across the table from her, looking and smiling...(while dancing) she was momentarily unreal. Usually a girl's skull made her real, but not this time--Stahr continued to be dazzled as they danced out along the floor...." (Chp. V, p.73) Stahr wanted desperately to have her as is own, but she was not to be had. Unbeknownst to him she was engaged to be married. She tried to tell him, but could not. She too was in love. The romance that followed was of a whirl wind pace that ended with a "Dear John" letter. She could not bring herself to tell him in person. Kathleen had fallen in love with Stahr although she resisted it by the fact she was already involved with another man. His ideal was not to be realized. His ideal goddess was the beginning of Stahr's downfall. The simple fact that Stahr was unable to win Kathleen away from her fianc? causes him to become extremely miserable. In F. Scott Fitzgerald's own words: "Stahr is miserable and embittered toward the end." (Author's Notes, p.149) He continued to love her to the end, as he lost his life, he lost it lovelessly. All this fuss over a woman might seem a bit trivial, but in true love, nothing is trivial. Monroe Stahr idealized Kathleen Moore as the true cure to all his ills and loveless nights. To him, she was Minna Davis. In being, but not spirit, she was a replica. This theme of idealism is similar to what Richard Slotkin reflects as "the American dream of perpetual self-improvement and transcendence." (22) Stahr idealized Kathleen as his way of perpetual self-improvement. He believed that Kathleen was the ticket he was waiting for, the ticket to happiness and closure. His life was a non stop slug

It Is A Life Not A Coice essays

It Is A Life Not A Coice essays Abortion has been one of the United States most controversial subjects.Abortion is the intentional killing of a human being before birth. About 1.6 million pregnancies end in abortion each year in the United States. Although abortion is regarded as a womans right, it should be banned without exceptions because it is murder, has psychological side effects, and there is an alternative. One of the controversial arguments is whether abortion is murder. Is an unborn child in the fetus a living being? The answer is yes. Life begins at conception. When the sperm enters the egg, the egg is fertilized and known as zygote. The zygote contains a full set of forty-six chromosomes, which is required to create a human life. Humans develop in stages. The first stage is conception. The level of development of the fetus does not determine life. Humans are not considered alive only if they are fully developed. If they were then only adults are alive. One is not fully developed until adulthood. There is not a magical transformation that occurs when the child is born. The unborn child feels the same pain, responds to noise, has feelings, and fears the same as an adult. It is an eating, breathing, and moving human being. Abortion is murder. Murder is not a choice or right. The only choice or right belongs to the unborn child. Every day these aborted children lose there choice and right to life. The child has a heart and brain therefore it also has the right to life that is equal to the mothers right to murder. Murder is killing another human being, no matter how old or in what stage of life. And yes to all those wandering the baby in the womb is a living human being (Shaw 1). If a mother killed her son or daughter at the age of one day it would be considered murder in the first degree. How can killing the child before it leaves the womb be anything but the ...

Should the Chinese be allowed to continue to fix the Yuan Essay

Should the Chinese be allowed to continue to fix the Yuan - Essay Example The exhibitions held at Guangzhou, Beijing every now and then, attract a lot of participants from the world to buy and sell their products. This has become a platform for Industries to show-case their products. This has taken away the hosting rights from Germany and France, where Industrial Expo used to be held in the past. (ChinaDaily 2009) According to the leading businessmen in China, it is reported that the appreciation of their currency has surpassed the growth of their business beyond their dreams. Due to the higher valuation of Yuan, the exporters who have been making money on Dollar denomination found to be declining in their profits. At the same time the exhibitors are afraid that the process may slow down their export due to the valuation. However the associations and the chamber of commerce in China say that this is only a passing phase and in due course of time it will become normal, as the economy worldwide is improving. (ChinaDaily 2009) The Chinese government, in order to reduce the gap with the major buyer like United States of America, revalued its currency against U.S dollar, to avoid the fixation of the rate of Yuan against U.S dollar. The stronger Yuan will result in the Chinese products being priced higher. By that the sales in US will increase sales in the market and thus bring in a greater amount of dollars. There is a fear in the US market that the Chinese products will cost more due to the fixed rate of Yuan. (Isidore, 2005) The US Senators rather welcome the change of Chinese financial decision though it is not appreciated by the congress. The financial analysts say that the change though small in stature, it is very significant since they have revalued the currency that will pave way for further future valuations. The Global Economists feel that it may not cause an immediate impact on the economics of the trade but will open the doors to strengthen the Chinese currency. But, the incident resulted in the US stocks soaring immediately, only to become normal after some time. (Isidore, 2005) It has been established that the fixed rate of the currency with US $ has widened the trade gap between the two and kept the Chinese made goods cheap buy at US. The Central Bank of China assured that the exchange rate band would be adjusted when necessary according to market development as well as economic and financial situations. In a survey conducted in US it is reported that there will not be much impact on the trade due to the revaluation of the Chinese currency but, there could be market stabilization favoring China in the long run. The US is trying to impose trade sanctions on Chinese imports if market based valuation of Yuan is not allowed. (Isidore, 2005) The major move by the Chinese Government in the currency conversion is backed by the exporters, manufacturers and the suppliers and also the trade bodies /associations in the country. This is a great step forward by them to strengthen the financial and economic stability of the country. The President of China Hu Jintao told US President at a meeting, that in the scene of outbreak of International financial crisis, China has maintained stable Yuan exchange rate despite the difficult economic conditions. When there were Asian financial crisis during 1990's, China earned plaudits for

International Law Assignment Essay Example | Topics and Well Written Essays - 2500 words

International Law Assignment - Essay Example The region had always been witness to ethnic battles, and the twentieth century saw the most bloody episodes in the unfolding saga of the Balkans. Countries such as the U. S., U. K. and a majority of the European Union are in favour of the declaration and have formally recognized Kosovo as a state. To these countries, Kosovo is officially known as the Republic of Kosovo. The topic of this essay is to determine the legality or otherwise of Kosovo’s declaration of independence. The essay will also deal with the issue of recognition of Kosovo as a state according to the relevant theories. Lastly, it will also examine whether the declaration of Kosovo as a state is proper according to the Montevideo Convention. Kosovo was a part of the nation of Serbia, which succeeded Yugoslavia after its dissolution. It is a Balkan region given to ethnic strife since antiquity. To the Serbs, it is an integral part of Serbia, as the area covers the Kosovo Polje (Blackbird Field). This place is ‘sacred territory for the Serbs as the place where Serbs were ‘defeated and subjugated by the Turks’.1 is where The Kosovo problem is one step in the still to be completed Balkan saga. The area now comprising Kosovo was first defined as an area of a state in 1945 as the autonomous Kosovo-Metohian Area.As a part of Yugoslavia, Kosovo gained limited internal autonomy ihn the later part of the sixties. In the 1974 Constitution of Yugoslavia, Socialist Autonomous Province of Kosovo was given more powers. A President and prime Minister were formally recognised for the Area. It was also represented in the Federal Presidency. It was thus that Kosovo became a republic in the Federation. The Parliament of the un-recognized Republic of Kosovo approved a resolution supporting the "Independence and Sovereignty of Kosovo" in September 1991.   Put to a clandestinely organized and held referendum in Bosnia the resolution was approved overwhelmingly.2 The Dayton Peace Agreement had

Impact of Consumer Credit Laws

Impact of Consumer Credit Laws In today’s consumer based society, the need for credit is undoubted. More and more individuals and organisations are reliant upon credit to undertake their day to day activities, thus the role of credit in society has magnified in unmeasurable amounts. There are also more personal credit products available on the market than when the original Consumer Credit Act 1974 was drawn up, thus there is more of a need to regulate these products and the relationships between creditor and debtor in order to avoid any unfair conduct on the part of either party. As the Government White Paper suggests: The laws governing this market were set out a generation ago. In 1971, there was only one credit card available; now there are 1,300. 30 years ago,  £32m was owed on credit cards; now it is over  £49bn. The regulatory structure that was put in place then is not the same as the regulatory structure required today. As the credit market has developed, reforms have become necessary to modernise the current regime and update it for the 21st century.[1] This evidence clearly supports the idea that the previous rules governing consumer credit relationships are significantly outmoded and outdated, and are in dire need of updating and reworking to meet the needs of a modern society. The nature of the relationship between a debtor and their creditor or supplier has subsequently become more complex and legalistic, and requires rules that govern these specific relationships without relying upon the general principles that can be found in, say, the Unfair Terms in Consumer Contracts Regulations 1999, which will be discussed in more detail in due course. This brief intends to consider the new provisions of the Consumer Credit Act 2006 and determine whether this legislation goes too far in protecting the rights of debtors, as opposed to the rights of creditors and suppliers. These conclusions will be drawn based upon consideration of the primary legislation, including the previous Consumer Credit Act 1974, as well as the apparent diverse and conflicting nature of secondary sources on this issue. It appears that a number of viewpoints could be explored, and this brief intends to do just that in order to arrive at the most appropriate conclusion. The Government had already completed a review of the 1974 Act in its White Paper, which will be discussed shortly. This Paper identified key areas where the law was not protecting the rights of consumers, and often allowed credit companies to take advantage of vulnerable individuals in order to rise to the top of what has effectively become a crowded and cut-throat marketplace. Each company is trying to sell its product to consumers, each trying to maximise the revenue it can make from it. In order to avoid innocent Britons from being exploited by unregulated corporations, the Government commission its review into the Consumer Credit Act 1974 before drafting the Consumer Credit Act 2006, in order to ensure that the new law was going to address the most salient of concerns of con sumers. It was also important to define who should be afforded protection under the new law. Should it be aimed at the general British consumer, or should it have specifications that restrict who could rely upon these provisions based upon certain socio-economic factors? This is where this report will begin. Perhaps the best place to begin would be to continue considering the DTI’s White Paper on consumer credit in the 21st century. While it does not consider the current Consumer Credit Act 2006 in express terms due to its publication several years before its enactment, it does highlight the perceived inadequacies of the then existing consumer credit protections of the Consumer Credit Act 1974. Firstly, it appears that the Government is concerned with establishing a transparent marketplace that prevents debtors from being taken advantage of by creditors and suppliers. It plans to accomplish this by having clear and effective regulations in place to govern the use of advertising in selling credit products.[2] This intends to address the inadequacies provided not only by the 1974 Act, but also by the Consumer Credit (Advertisements) Regulations 1989 due to the recently explosive nature of consumer credit products and contracts. The rationale behind such a move by the government can only be suggested to attempt to protect the consumer against any deceptive or misleading conduct by creditors through advertising promotional campaigns that could unduly influence them into entering into consumer credit contracts which do not specifically cater for their needs or financial situations. This would be consistent with the notion that the intention of the 2006 Act is to protect the consumer/debtor more so than the creditor, due to their more vulnerable position in the marketplace. Quite obviously, disparity does exist between the negotiation and contractual powers of debtors and creditors, and thus the intention of the Government is to create a more level playing field, allowing them to do business in a manner which is not only legal, but also moral and ethical. Another way the Government claimed this will be done in its White Paper was through standardisation of the form of consumer credit contracts.[3] This would, theoretically, ensure that there are minimal difference s between the standard terms of a consumer credit contract regardless of who the credit provider was, and regardless of what the actual lending product was. Again, this clearly is intended to protect the debtor more so than the creditor, given the disparity in contractual and negotiation abilities and resources available to the two parties. The Government even intends to reflect the changes in the way we contract that have come into existence since the 1974 Act, including online contracts. The rationale behind this is that the use of the internet in contractual dealings can often lead to an increased possibility of fraud on the part of either party.[4] What this means is that one could quite possibly enter into a contractual agreement through an online method without going through the full stringent identity criteria as they might be required to if they were personally entering into this agreement at, say, a bank. Normally a 100-point ID check, or similar procedure, may be used or r elied upon by a creditor in order to ensure that they were dealing with the person whose name appears on the contractual documents. However, this may also extend to a debtor where the reliability of the credit provider could not be ascertained. This protection would then effectively protect both the creditor and debtor to ensure that the contract was reliable, and that the correct person or entity was included as a party to the agreement. Perhaps the most important aspect of the Government White Paper regarding consumer credit contracts is the introduction of more stringent licensing criteria for credit providers. The Government’s hope, in 2003, was that the reform to the consumer credit laws would give the Office of Fair Trading more power to investigate credit providers to ensure that they were complying with the terms of the license granted upon them. Previously, the DTI claimed that the tests that a credit provider was required to pass to gain a license only determined whether they initially met these criteria, and did not illustrate whether they continued to meet the criteria, and thus remain fit to provide credit to consumers.[5] This would, theoretically, maintain the integrity of the consumer credit industry, making it much safer for consumers to deal in the sometimes overwhelming credit market. Again, this appears to be protecting the consumer’s interests more so than those of the credit supplie r. The DTI has identified a number of areas that the Consumer Credit Act 1974 was lax in upholding and protecting in the interests of consumer credit, and it would appear that, based upon the general consensus of this White Paper (a fundamental research document that highlights the Government’s intention in reforming particular laws) that the DTI is more concerned about consumers being taken advantage of due to developments in the credit market that tend to fall outside the scope of the 1974 Act. This is mainly due to social and technological advances that were not within comprehension at the time the 1974 Act came into enforcement and a lack of reform since that time. However, while the shortfalls of the Act have been duly illustrated by the DTI, what if a consumer continues to have a problem with a credit contract? To what institution do they turn to exercise their right of redress? The DTI uses its White Paper to harangue the idea of the Financial Ombudsman Service being e mpowered to investigate contractual dispute involving consumer credit. This would create an alternative dispute resolution pathway that may ultimately avoid the pomposity, risk and financial burden that was previously required in order to take a matter to court. Rather, this would make the dispute resolution procedure much more appealing and affordable to a consumer, giving them more opportunity to vindicate their legal rights where they might otherwise be precluded from doing so due to pressing financial commitments. This does gear itself towards the consumer more so than the creditor, as a credit providing company would presumably have a greater access to legal expertise and resources by comparison to the individual person, thus the DTI found it prudent to address the shortfalls of the 1974 Act in protecting individual debtors. While these have all been appropriately illustrated by the DTI’s White Paper, it is important to note that this was simply and analysis of the 1974 Act in conjunction with today’s developing credit-based society, and does not in itself give rise to any legal effect. It does, however, point out the reasons behind the Government’s wish to reform consumer credit laws, and gives one a way to measure the effectiveness of the now enacted Consumer Credit Act 2006 by applying these criteria. It is now important to consider the express provisions of this Act in order to determine whether these shortfalls identified by the DTI have been adequately addressed and protected by the new Act. Before considering the possible codification of the DTI’s discussion in the Consumer Credit Act 2006, it is important to establish the scope of application for this Act. It does not apply to businesses or corporations who enter into consumer credit contracts solely for business purposes. Rather, it serves to protect individuals that may be at less of a negotiation or contracting position than what a business would which may have access to virtually unlimited capital. The 2006 Act defines an ‘individual’ as: (a) a partnership consisting of two or three persons not all of whom are bodies corporate; and (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.[6] The inclusion of these two categories as ‘individuals’ for the purposes of the Act gives more people protection under the Act than what may have been afforded otherwise under the 1974 Act, thus ensuring more consumers are protected. It clearly precludes large businesses and corporations from seeking protection under the Act, thus ensuring that only those who may not necessarily be able to provide their own legal protection are protected by law from being taken advantage of. Additionally, section 2 of the 2006 Act removes the previously existing financial limits for protection under the Act ( £25,000)[7] thus broadening the scope of application, however section 3 excludes consumers with a ‘high net worth’ from also obtaining protection under the Act, which subsequently re-limits the scope of application to those consumers who really are in need of consumer protection. The presence of these provisions in the 2006 Act suggests that the intention of the Act is to provide protection for those that may otherwise be at a disability to do so of their own will and accord. One of the most important changes that the 2006 Act has made to consumer credit regulation is the ability of a court to now hear matters relating to unfair credit relationships. The powers of the court in such circumstances have been defined, as have the procedural requirements for bringing such a matter before a court.[8] Under the newly amended sections of the 1974 Act, a court must have regard for the following factors when adjudicating on the issue of an unfair relationship: (a) any of the terms of the agreement or of any related agreement; (b) the way in which the creditor has exercised or enforced any of his rights under the agreement or any related agreement; (c) any other thing done (or not done) by, or on behalf of, the creditor (either before or after the making of the agreement or any related agreement).[9] Additionally, the remedies available to the court include: (a) require the creditor, or any associate or former associate of his, to repay (in whole or in part) any sum paid by the debtor or by a surety by virtue of the agreement or any related agreement (whether paid to the creditor, the associate or the former associate or to any other person); (b) require the creditor, or any associate or former associate of his, to do or not to do (or to cease doing) anything specified in the order in connection with the agreement or any related agreement; (c) reduce or discharge any sum payable by the debtor or by a surety by virtue of the agreement or any related agreement; (d) direct the return to a surety of any property provided by him for the purposes of a security; (e) otherwise set aside (in whole or in part) any duty imposed on the debtor or on a surety by virtue of the agreement or any related agreement; (f) alter the terms of the agreement or of any related agreement; (g) direct accounts to be taken, or (in Scotland) an accounting to be made, between any persons.[10] Essentially these provisions allow a debtor to challenge a consumer credit contract on the basis of it being ‘unfair’ to them, and empower a court to take remedial action where the law was previously vague and uncertain. It affords the debtor further protection from a creditor, given them a clear indication of their rights where they believe they have fallen victim to unfair conduct. It may serve to exonerate them from a contract they were having difficulty to adhering to because the terms were quite clearly outside their ability to keep to, or similar arguments. While this does not fall under the jurisdiction of the Ombudsman, which will be discussed shortly, it still allows a debtor to seek protection from the law from a consumer credit contract that they must have otherwise been contractually obliged to perform. This does not suggest that avoidance of a contract under these provisions is easier by any means as just cause still needs to be shown pursuant to the rules a nd principles of evidence and court, however there is no disputing the fact that this statutory remedy is available to those who are in dire need of exercising it where a contract can be construed as being unfair. Unfairness may result from the terms of the contract itself, or from any conduct by the creditor arising after the commencement of the agreement, thus this legislation appears to be catering more for the debtor than the creditor. These provisions specifically cover, in their express terms, any unfairness arising from the conduct of the creditor, as does not relate to the debtor as such. When viewed in conjunction with the application and definition provisions outlined above, it is clear that this law only intends to serve the individual, and not the creditor. In addition to the ‘unfair relationship’ protection through the courts afforded to debtors by the introduction of the 2006 Act, it also contains an alternative dispute resolution pathway that can often avoid a long and arduous litigation process. Sections 59-61 of the Consumer Credit Act 2006 confer powers upon the Financial Services Ombudsman to hear any disputes that involve licensed persons (i.e. a credit provider company licensed under the 2006 Act, which will be discussed shortly), and will also bind these license holders to abide by any decisions made by the FSO in accordance with Schedule 2. Section 59 of the Act requires that any person holding a license to provide consumer credit must submit to the jurisdiction of the Financial Ombudsman Service in order to resolve any disputes which the FOS is empowered by the Act to hear. In order for the dispute to fall within the scope of the jurisdiction of the FOS, it must meet the eligibility criteria outlined in the new section 226A of the Financial Services and Markets Act 2000 (inserted by the 2006 Act), which are: (a) the complainant is eligible and wishes to have the complaint dealt with under the scheme; (b) the complaint falls within a description specified in consumer credit rules; (c) at the time of the act or omission the respondent was the licensee under a standard licence or was authorised to carry on an activity by virtue of section 34A of the Consumer Credit Act 1974; (d) the act or omission occurred in the course of a business being carried on by the respondent which was of a type mentioned in subsection (3); (e) at the time of the act or omission that type of business was specified in an order made by the Secretary of State; and (f) the complaint cannot be dealt with under the compulsory jurisdiction.[11] Essentially, if the complaint is one that falls under the compulsory jurisdiction of the Financial Ombudsman Service that is granted under section 226 of the Financial Services and Markets Act 2000, then it will not fall under the new consumer credit power. The presence of these provisions makes it more effective and less costly for an aggrieved person to raise a dispute with a consumer credit contract that they have entered, which can (and most likely will) avoid the matter proceeding before a court. This makes the dispute resolution process more accessible for individual persons that may not have otherwise had the available funds to commence a legal action in court. Finally, the other main practical change that the Consumer Credit Act 2006 has made to credit law is the introduction of more stringent licensing criteria for businesses and companies wanting to enter the market to sell credit products to consumers. Section 38 of the 2006 Act inserts a provision in the 1974 Act at section 33A which empowers the Office of Fair Trading to make regulations that will govern the distribution of licenses to these parties. This allows the Government the flexibility to adapt the regulations to address the changing social climate in a way that the broad framework of the 1974 Act could not. This would, then, allow the Government to impose regulations on advertising and other consumer interaction which may otherwise escape the broad legal framework of legislation. Additionally, section 44-46 of the 2006 Act specify requirements in relation to the provision of licensing assessment information (and changes thereof) by license applicants to the OFT, which allows t he OFT to make a continual assessment as to the fitness of a party to hold a credit provision license. This was one of the key shortfalls that the White Paper suggested, and appears to have been addressed adequately in the new law. Civil penalties of up to  £50,000 now apply if a licensed person or business fails to comply with the conditions of its credit provision license.[12] Finally, an appeals system has been established by sections 55-58 of the 2006 Act which allow for appeals against a decision by the OFT to grant a license to an applicant, which gives rise to a method of review via the newly established Consumer Credit Appeals Tribunal. This provides for an administrative review of the decisions handed down by the OFT in relation to their licensing and regulative powers within the Act, which may be able to be judicially reviewed by the Court of Appeal with the leave of the Court (on questions of law, not fact).[13] This appeal procedure again appears to be consistent with the notion that the rationale of the Consumer Credit Act 2006 is to protect the rights and interests of debtors as opposed to those of creditors and suppliers. It appears that the idea of this Act is to saturate the market with new regulations that control the way creditors enter into consumer credit contracts with their debtors, and does not necessarily cater for the needs of creditors as such. In conclusion, it would appear that the Consumer Credit Act 2006 caters more so for the rights and interests of debtors than those of creditors, however it would be difficult to maintain an argument to suggest that the law goes too far in protecting these rights. The Government White Paper identified a number of salient points that the 1974 Act did not address, and the Government has appeared to have legislated accordingly. Given that the previous 1974 Act was significantly outdated and not particularly relevant to modern society in both a social and legal context, there was a real need for this law to be updated in order to afford consumers maximum protection against otherwise unfair conduct that was not recognised in law. The law was updated more out of necessity than out of spite for consumer credit providers. The application of these laws does not generally appear to infringe on the rights of credit providers, it merely suggests that the market needs more stringent controls to av oid certain parties taking advantage of otherwise vulnerable individuals. The rationale behind the introduction, as the White Paper suggests, was to create a fairer and more transparent consumer credit market, which gave the individual more competitive and legitimate rights that they are now able to exercise in an attempt to remove the disparity between consumers and credit providers in terms of their negotiation and contractual abilities. There appears to be no malice or ill-will by the Government towards credit providers, rather just a desire to exercise control in an area of commerce that has expanded exponentially since the law was last reviewed more than a generation ago. The flexibility provided under the new Act through delegation of regulative powers to the OFT and Ombudsman also allows the law to be updated as society dictates, which ensures that the law will always be given the opportunity to reflect the needs of consumers as the market changes. This means that this debate will continually be revisited as the market expands and changes and, if there is a need to review the law in the future, there is no need to go through the lengthy legislative process which has dragged this legislation through 18 months of parliamentary delays, especially due to the calling of the 2005 General Election after the Bill was only passed its Commons stages. This law appears to be perfect for the current socio-economic climate of the British consumer credit market, and to argue that it goes too far in protecting consumer’s rights is simply untenable. Bibliography Legislation Consumer Credit (Advertisements) Regulations 1989 Consumer Credit Act 1974 Consumer Credit Act 2006 (also, explanatory notes) Financial Services and Markets Act 2000 Unfair Terms in Consumer Contracts Regulations 1999 Government Publications Department of Trade and Industry, Fair, Clear and Competitive: The Consumer Credit Market in the 21st Century (2003), Journal Articles/Other Sources John, C, ‘Consumer Credit – The New Landscape’ (2006) 18 Compliance Monitor 9 Singleton, S, ‘In Focus: Consumer Credit Act 2006’ (2006) 29 Consumer Law Today 8 Smith, J, ‘Practice Points: Credit Where Credit Is Due’ (2006) 103.25 Law Society Gazette 34 Unknown, ‘Consumer Credit: A New Age But Old Problems’ (2004) 6 Finance and Credit Law 1 Footnotes [1] Department of Trade and Industry, Fair, Clear and Competitive: The Consumer Credit Market in the 21st Century (2003), 4. [2] Ibid, 30-33. [3] Department of Trade and Industry, as above n 1, 33-36. [4] Ibid, 37-40. [5] Ibid, 45-48. [6] Consumer Credit Act 2006, s 1. [7] Consumer Credit Act 1974, s 8. [8] Consumer Credit Act 2006, ss 19-22. [9] Consumer Credit Act 1974, s 140A(1). [10] Consumer Credit Act 1974, s 140B(1). [11] Consumer Credit Act 1974, s 226A(2). [12] Consumer Credit Act 1974, s 39A (as amended). [13] Consumer Credit Act 1974, s 41A (as amended).