House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

103

House of Commons

Notices of Amendments

given on

Thursday 6 March 2014

For other Amendment(s) see the following page(s):

Consumer Rights Bill 90-101

Public Bill Committee

Consumer Rights Bill

Jenny Willott

111

Schedule  7,  page  102,  line  2,  leave out ‘a private designated’ and insert ‘an’.

Member’s explanatory statement

This amendment corrects an error in new 219C(5) of the Enterprise Act 2002. The Act does not

use the term “private designated enforcer” and it is sufficient in the context to refer to “an enforc

er”.

Jenny Willott

112

Schedule  7,  page  102,  line  31,  at end insert—

‘(8A)
Subsection (8B) applies if—

(a)
an enforcer exercises a function in relation to a person by virtue of

subsection (1) or (2),

(b)
that function is a relevant function for the purposes of Part 2 (co-

ordination of regulatory enforcement) of the Regulatory Enforcement

and Sanctions Act 2008, and

(c)
a primary authority (within the meaning of that Part) has given advice or

guidance under section 27(1) of that Act—

(i)
to that person in relation to that function, or

(ii)
to other local authorities (within the meaning of that Part) with

that function as to how they should exercise it in relation to that

person.

(8B)
The enforcer must, in exercising the function in relation to that person, act

consistently with that advice or guidance.’.

Member’s explanatory statement

This amendment introduces a duty on private designated enforcers to act consistently with advice

or guidance given by a primary authority when seeking an enforcement order or undertaking that

includes enhanced consumer measures.

Notices of Amendments: 6 March 2014
104

Consumer Rights Bill, continued

Jenny Willott

113

Schedule  8,  page  103,  line  38,  after ‘(3)’ insert ‘which a person who has suffered

loss or damage may make in civil proceedings brought in any part of the United

Kingdom’.

Member’s explanatory statement

This amendment and amendment 114 clarify that the jurisdiction of the Tribunal is the same as the

High Court and Court of Session, subject to any differences relating to limitation or prescription.

Jenny Willott

114

Schedule  8,  page  104,  line  7,  at end insert—

‘(3A)
For the purpose of identifying claims which may be made in civil proceedings,

any limitation rules or rules relating to prescription that would apply in such

proceedings are to be disregarded.’.

Member’s explanatory statement

The explanatory statement for amendment 113 also applies to this amendment.

Jenny Willott

115

Schedule  8,  page  106,  line  21,  after ‘(5)’ insert ‘Subject to subsection (5A),’.

Member’s explanatory statement

This amendment and amendment 116 allow the Tribunal to award all or part of any unclaimed

damages in collective proceedings towards the costs of the representative.

Jenny Willott

116

Schedule  8,  page  106,  line  25,  at end insert—

‘(5A)
In a case within subsection (5) the Tribunal may order that all or part of any

damages not claimed by the represented persons within a specified period is

instead to be paid to the representative in respect of all or part of the costs or

expenses incurred by the representative in connection with the proceedings.’.

Member’s explanatory statement

The explanatory statement for amendment 115 also applies to this amendment.

Jenny Willott

117

Schedule  8,  page  111,  line  44,  leave out ‘only if that person’.

Member’s explanatory statement

This amendment and amendments 118 to 120 introduce a requirement for the Tribunal to consider

whether or not it is appropriate for a class member to act as a representative in collective settle

ment proceedings.

Jenny Willott

118

Schedule  8,  page  111,  line  46,  after ‘(a)’ insert ‘whether or not that person’.

Member’s explanatory statement

The explanatory amendment for amendment 117 also applies to this amendment.

Jenny Willott

119

Schedule  8,  page  111,  line  47,  leave out ‘or’ and insert ‘but’.

Member’s explanatory statement

The explanatory amendment for amendment 117 also applies to this amendment.

Notices of Amendments: 6 March 2014
105

Consumer Rights Bill, continued

Jenny Willott

120

Schedule  8,  page  112,  line  1,  leave out from ‘(b)’ to ‘the’ and insert ‘only if’.

Member’s explanatory statement

The explanatory amendment for amendment 117 also applies to this amendment.



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