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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [11 February 2014]. |
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| Schedule 5, page 65, line 13, after ‘under’, insert ‘—(a)’. |
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| | Member’s explanatory statement
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| | This amendment and amendments 77 to 86 reflect the fact that enforcement action is sometimes |
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| | taken under legislation under which the enforcer’s legislation is made, not under the enforcer’s |
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| | legislation itself. For example, a breach of safety regulations under the Consumer Protection Act |
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| | 1987 is an offence under that Act not the regulations. |
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| Schedule 5, page 65, line 14, at end insert ‘, or |
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| | (b) | legislation under which the enforcer’s legislation is made.’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 74, line 37, leave out sub-paragraphs (3) to (5).’. |
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| Schedule 5, page 84, line 9, leave out ‘under that legislation’ and insert ‘by the |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 84, line 10, leave out ‘under the enforcer’s legislation’ and insert |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 87, line 7, after ‘enforce’, insert— |
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| | ‘(ca) | legislation under which legislation mentioned in paragraph (c) is made,’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 87, line 28, at end insert— |
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| | ‘(45A) | The Secretary of State shall within three months of Royal Assent of this Act |
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| | produce a report on the effect of an area enforcer, in order to protect |
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| | (a) | issue enforcement orders, as set out in Part 8 of the Enterprise Act |
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| | 2002, for traders who persistently cause detriment within a local area; |
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| | (b) | enable the disclosure to consumers and other interested parties without |
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| | legal liability of complaints they have received regarding traders |
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| | (i) | a consumer has consented to their contact details and the |
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| | nature of their complaint being shared with others who wish |
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| | to raise concerns about a trader; and |
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| | (ii) | the area enforcer considers the behaviour of the trader to have |
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| | breached consumer protection regulations and it is in the |
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| | public interest for their conduct to be known.’. |
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| Schedule 5, page 87, line 36, at end insert— |
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| | ‘(aa) | an offence under legislation under which legislation within paragraph (a) |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 87, line 42, after ‘(a)’, insert ‘, (aa)’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 88, line 7, at end insert— |
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| | ‘(aa) | an offence under legislation under which legislation within paragraph (a) |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 88, line 9, after ‘(a)’, insert ‘ or (aa)’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 88, line 17, at end insert— |
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| | ‘(aa) | an offence under legislation under which legislation within paragraph (a) |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 88, line 19, after ‘(a)’, insert ‘ or (aa)’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 6, page 92, line 17, at end insert— |
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| | ‘44A | In section 44(4) (service of documents)— |
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| | (b) | omit “purchased or” in each place.’. |
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| | Member’s explanatory statement
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| | This amendment makes a consequential amendment to section 44(4) of the Consumer Protection |
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| | Act 1987 which is necessary following the repeal of section 28 of that Act by the Bill. |
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| Schedule 6, page 95, line 5, leave out ‘(h),’. |
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| | Member’s explanatory statement
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| | This amendment modifies the amendments to the Criminal Justice and Police Act 2001 following |
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| | the proposal to retain specific powers within section 29(4) of the Consumer Protection Act 1987 |
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| | and regulation 22(4) of the General Product Safety Regulations 2005. Those specific powers will |
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| | now be carved out of the repeals in the 2001 Act. |
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| Schedule 6, page 95, line 5, leave out ‘(o),’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. |
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| Schedule 6, page 95, line 5, at end insert— |
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| | ‘(aa) | in paragraph (h) for “29” substitute “29(4)”, |
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| | (ab) | in paragraph (o) for “22” substitute “22(4)”,’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. |
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| Schedule 6, page 95, line 34, leave out paragraph (g). |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. |
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| Schedule 6, page 95, line 36, leave out ‘first and second paragraphs’ and insert |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. |
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| Schedule 6, page 95, line 40, at end insert— |
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| | ‘(2A) | In paragraph 45 for “29(4), (5) and (6)” substitute “29(4)”. |
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| | (2B) | In the second paragraph 73G for “22(4) to (6)” substitute “22(4)”.’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. |
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| Schedule 6, page 96, line 2, leave out ‘3, 4A,’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. |
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| Schedule 6, page 96, line 2, leave out ‘8, 9A,’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. |
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| Schedule 6, page 96, line 2, at end insert— |
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| | ‘(2A) | In paragraph 3 for “29” in each place substitute “29(4)”. |
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| | (a) | for “23” substitute “22(4)”, and |
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| | (b) | for “22” substitute “22(4)”. |
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| | (2C) | In paragraph 8 for “29” in each place substitute “29(4)”. |
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| | (a) | for the first “22” substitute “22(4)”, and |
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| | (b) | for “products under regulations 22 of those Regulations.” substitute |
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| | “those items, as it applies to the seizure and detention of products |
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| | under regulation 22(4) of those Regulations.”’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 88 also applies to this amendment. This amendment also |
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| | makes changes to remedy pre-existing errors in paragraphs 4A and 9A of Schedule 2 to the Crim |
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| | inal Justice and Police Act 2001 |
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| Schedule 6, page 97, line 11, at end insert— |
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| | ‘Fireworks Act 2003 (c. 22) |
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| | 79A(1) | Section 12 of the Fireworks Act 2003 (enforcement) is amended as follows. |
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| | (a) | omit paragraph (a), and |
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| | (b) | in paragraph (b), for “29(1) to (5), (6)(a) and (7)” substitute “29(4) and |
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| | (3) | After subsection (2) insert— |
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| | “(2A) | For the investigatory powers available to a local weights and measures |
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| | authority for the purposes of the duty to enforce imposed by virtue of |
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| | subsection (1) (in addition to the powers in Part 4 of the Consumer |
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| | Protection Act 1987), see Schedule 5 to the Consumer Rights Act |
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| | Member’s explanatory statement
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| | This amendment introduces consequential amendments to the Fireworks Act 2003 so as to remove |
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| | references within the 2003 Act to those parts of the Consumer Protection Act 1987 which are to be |
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| | repealed and instead insert a reference to the generic set of investigatory powers contained within |
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| Clause 79, page 42, line 12, at end insert— |
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| | ‘(1A) | Within three months of Royal Assent of this Act, the Secretary of State shall set |
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| | out guidance on requiring all statutory regulators to provide— |
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| | (a) | formal representation for consumers on all governance bodies; |
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| | (b) | an annual competition and consumer rights health check within their |
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| | industry which has been approved by the Consumer Association; and |
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| | (c) | periodic consideration of whether there is a need for independent advice, |
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| | free at the point of delivery, to ensure consumers’ rights are protected, in |
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| | which case the Secretary of State shall review the case for the |
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| | introduction of levies to support this provision.’. |
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| Clause 79, page 42, line 14, at end insert— |
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| | ‘(3) | For the purposes of the enhanced consumer measures set out in Schedule 7 the |
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| | Secretary of State shall publish a review of the powers of Trading Standards |
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| | (a) | the number of enforcement actions by Trading Standards taken under the |
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| | enhanced consumer protections set out in this Act; |
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| | (b) | any additional operational costs to Trading Standards Services associated |
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| | with the new powers and procedures under sections 77 and 79 of this Act; |
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| | (c) | the establishment of a statutory minimum standard for all officers |
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| | carrying out Trading Standards functions in any local authority and the |
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| | role of a competent body to set, test against, apply and monitor those |
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| Clause 79, page 42, line 14, at end insert— |
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| | ‘(3) | The Secretary of State shall publish an annual assessment of the cumulative |
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| | impact of public policy in the area of consumer rights on household bills and on |
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| | affordability, with particular regard for low income households.’. |
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| Clause 79, page 42, line 14, at end insert— |
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| | ‘(3) | Within three months of Royal Assent of this Act the Government will publish a |
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| | report detailing how it will ensure better outcomes for consumers of public |
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| | services and more efficient decision-making processes; |
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| | (4) | For the purposes of this Act a public service is any provided to the consumer |
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| | directly by a Government department, or local or public authority, or a trader |
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| | acting on behalf of these organisations; |
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| | (5) | For the purposes of this Act a person shall be a consumer of public services when |
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| | they enter any agreement, contract, contract notice or proposed contract for |
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| | receiving a service which the individual has a direct role in commissioning; |
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| | (6) | A report under subsection (3) will consider— |
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| | (a) | how each public service provider will ensure a formalised approach to |
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| | ensure independent advocacy is available for consumers at an early stage |
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| | in the decision-making process for the provision of public services; |
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| | (b) | the nature of an independent advocate to participate in this process and |
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| | the definition of independence including how this could be supported by |
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| | the conduct of any service provider; |
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| | (c) | the effect of a breach in a consumer’s statutory rights as set out by this |
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| | legislation when a direct commissioning contract is in place; |
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| | (d) | what formal status independent advice notice issued will have in relation |
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| | to local authority decision-making, especially in instances where a public |
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| | service continues to act contrary to such information and formal legal |
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| | (e) | the role of the public sector ombudsman services in overseeing any such |
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| | (f) | how a public service provider will report on their formalised approach.’. |
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| Schedule 7, page 102, line 1, leave out ‘a private designated’ and insert ‘an’. |
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| | Member’s explanatory statement
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| | This amendment corrects an error in new 219C(5) of the Enterprise Act 2002. The Act does not |
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| | use the term “private designated enforcer” and it is sufficient in the context to refer to “an enforc |
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| Schedule 7, page 102, line 31, at end insert— |
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| | ‘(8A) | Subsection (8B) applies if— |
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| | (a) | an enforcer exercises a function in relation to a person by virtue of |
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| | (b) | that function is a relevant function for the purposes of Part 2 (co- |
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| | ordination of regulatory enforcement) of the Regulatory Enforcement |
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| | and Sanctions Act 2008, and |
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| | (c) | a primary authority (within the meaning of that Part) has given advice or |
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| | guidance under section 27(1) of that Act— |
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| | (i) | to that person in relation to that function, or |
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| | (ii) | to other local authorities (within the meaning of that Part) with |
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| | that function as to how they should exercise it in relation to that |
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| | (8B) | The enforcer must, in exercising the function in relation to that person, act |
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| | consistently with that advice or guidance.’. |
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| | Member’s explanatory statement
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| | This amendment introduces a duty on private designated enforcers to act consistently with advice |
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| | or guidance given by a primary authority when seeking an enforcement order or undertaking that |
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| | includes enhanced consumer measures. |
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| Clause 80, page 42, line 16, at end insert— |
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| | ‘(1A) | A year after the commencement of this section, the Secretary of State will review |
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| | the powers set out in Schedule 8 and report to Parliament on— |
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| | (a) | the number of private actions commenced under this power; |
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| | (b) | the redress provided to consumers under these private actions; and |
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| | (c) | the scope and potential effect of expanding these private actions powers |
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| | to all areas of consumer protection law.’. |
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