Session 2013 - 14
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Other Bills before Parliament


 
 

9

 

House of Commons

 
 

Thursday 13 February 2014

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Consumer Rights Bill


 

Note

 

The Amendments have been arranged in accordance with the Order of the

 

Committee [10 February 2014].

 


 

Stella Creasy

 

Stephen Doughty

 

1

 

Clause  2,  page  2,  line  12,  at end insert—

 

‘(b)    

those who represent businesses with fewer than ten employees and are

 

purchasing goods or services for use within their commercial activities

 

will be considered consumers.’.

 


 

Stella Creasy

 

Stephen Doughty

 

2

 

Clause  3,  page  3,  line  1,  at end insert—

 

‘(e)    

financial services contracts which contain a bill of sale agreement

 

regarding the ownership of goods.’.

 


 

Stella Creasy

 

Stephen Doughty

 

3

 

Clause  9,  page  5,  line  28,  after ‘goods’, insert ‘, or any claim made as to the


 
 

Public Bill Committee: 13 February 2014                  

10

 

Consumer Rights Bill, continued

 
 

outcome goods will achieve,’.

 


 

Stella Creasy

 

Stephen Doughty

 

4

 

Clause  10,  page  6,  line  14,  at end insert—

 

‘(3A)    

In assessing whether goods are fit for purpose any public claims made by the

 

trader as to the purpose of goods shall be taken into account.’.

 


 

Stella Creasy

 

Stephen Doughty

 

5

 

Clause  11,  page  6,  line  24,  at end insert—

 

‘(1A)    

Where a trader is selling goods that have restrictions on who can purchase them,

 

public communications about those goods, including promotional material and

 

any promotional activities shall be required to reflect these restrictions.’.

 

Stella Creasy

 

Stephen Doughty

 

7

 

Clause  11,  page  6,  line  24,  at end insert—

 

‘(1A)    

The trader is required to provide full details of the total cost of the goods prior to

 

sale, including any additional service fees or charges that could be incurred by the

 

buyer in purchasing the goods. This information should also be portrayed in all

 

public communication.’.

 

Stella Creasy

 

Stephen Doughty

 

6

 

Clause  11,  page  6,  line  36,  at end insert—

 

‘(4A)    

Prior to exchange of the goods or agreeing the contract, whichever happens first,

 

the trader will explicitly provide the consumer with relevant details of their

 

statutory rights under sections 20, 23 and 24 of this legislation.’.

 


 

Stella Creasy

 

Stephen Doughty

 

 

8

 

Clause  12,  page  7,  line  9,  at end insert—

 

‘(2A)    

Prior to sale all traders must provide consumers with an appropriate point of

 

contact and their contact details.

 

(2B)    

Consumers may only contact traders on the contact details provided under

 

subsection (2A) for the following purposes—


 
 

Public Bill Committee: 13 February 2014                  

11

 

Consumer Rights Bill, continued

 
 

(a)    

to confirm ownership of the goods with the trader as set out in section 17;

 

or

 

(b)    

to identify a trader against whom the consumer can exercise their rights

 

under this Act.

 

(2C)    

Where sale of goods is facilitated by intermediary services it is the responsibility

 

of the trader of the goods using these services to provide this information to the

 

consumer.’.

 


 

Stella Creasy

 

Stephen Doughty

 

9

 

Clause  17,  page  8,  line  20,  at end insert—

 

‘(1A)    

Prior to sale the trader must disclose any—

 

(a)    

outstanding claims to the goods, or

 

(b)    

legal charges against the goods,

 

    

which is the subject of the contract and which may—

 

(i)    

affect the consumer’s future enjoyment or use of the goods, or

 

(ii)    

cause financial detriment to the consumer.’.

 


 

New Clauses

 

Consumer protection for small business operations

 

Stella Creasy

 

Stephen Doughty

 

NC1

 

To move the following Clause:—

 

‘The Government shall publish a report within three months of the enactment of

 

this Act to set out how businesses with fewer than 250 employees can secure

 

appropriate consumer protection in their purchase of goods and services for use

 

within their business operations.’.

 


 

Right to corrective action

 

Mark Durkan

 

NC2

 

To move the following Clause:—

 

‘(1)    

This section applies if either—

 

(a)    

the responsible economic actor has identified that goods supplied present

 

a health and safety risk to the conusmer, or


 
 

Public Bill Committee: 13 February 2014                  

12

 

Consumer Rights Bill, continued

 
 

(b)    

the appropriate authority has identified that goods supplied present a risk

 

to the public safety, and

 

    

as a result, the product is subject to corrective action by either party (a “recall

 

action”).

 

(2)    

The consumer has the right to expect that the responsible economic actor for any

 

goods supplied subject to a recall action must take all reasonable steps to inform

 

all persons affected, or likely to be affected by the safety risks from the goods,

 

within the shortest period of time practicable.

 

(3)    

The consumer, if placed at risk by goods subject to a recall action, has the right

 

to prompt and effective action by the economic actor of that product to ensure

 

that—

 

(a)    

the defect posing a safety risk to any persons affected or likely to be

 

affected is eliminated;

 

(b)    

the actions required to achieve (a) do not cause significant inconvenience

 

to the consumer; and

 

(c)    

all costs associated with the recall action are borne by the reponsible

 

economic actor.

 

(4)    

The Secretary of State will periodically gather and make publicly available

 

information relating to safety incidents caused by recalled goods, and estimates

 

of how many such goods still remain unaccounted for.

 

(5)    

The effectiveness of recall actions, and the procedures in place to achieve

 

successful recalls, will be the subject of periodic review by the Secretary of State,

 

with reference to public information on recalls in subsection (4) and any other

 

relevant data.

 

(6)    

For the purposes of subsections (4) and (5), the Secretary of State must consult

 

with—

 

(a)    

market regulators;

 

(b)    

relevant authorities; and

 

(c)    

any other bodies he thinks appropriate.

 

(7)    

For the purposes of this section “economic actor” means—

 

(a)    

a “trader” as defined in section 2(2), or

 

(b)    

a manufacturer of “goods” as defined in section 2(8).’.

 


 

Right to supply unique goods

 

Stella Creasy

 

Stephen Doughty

 

NC3

 

To move the following Clause:—

 

‘(1)    

A trader offering unique goods for sale must provide the consumer with

 

information to enable the consumer to directly identify the unique qualities of the

 

good they are purchasing.

 

(2)    

Where a consumer cannot confirm the goods are unique in person, the consumer

 

has the right to reject these goods at any point prior to consumption.

 

(3)    

Where the goods are for use in relation to an event of national significance the

 

Secretary of State for Culture, Media and Sport shall reserve the right to designate

 

further restrictions and conditions on the sale and resale of these goods in relation

 

to their unique qualities.


 
 

Public Bill Committee: 13 February 2014                  

13

 

Consumer Rights Bill, continued

 
 

(4)    

For the purposes of this section unique goods are defined as having distinct

 

characteristics which would affect—

 

(a)    

the enjoyment of the goods by the consumer;

 

(b)    

the use of the goods by the consumer; or

 

(c)    

the inherent value of the goods in question.

 

(5)    

For the purpose of this section an event of national significance is one which is

 

designated for this purpose as such by the Secretary of State for Culture, Media

 

and Sport under the provisions of section 299 (categorisation of listed events) of

 

the Communications Act 2003.’.

 

 

Order of the House [28 JANUARY 2014]

 

That the following provisions shall apply to the Consumer Rights Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 13th March 2014.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion three hours after the commencement of the

 

proceedings.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion four hours after the commencement of proceedings

 

on Consideration.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [11 February 2014]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 11

 

February) meet—

 

(a)  

at 2.00 pm on Tuesday 11 February;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 13 February;

 

(c)  

at 8.55 am and 2.00 pm on Tuesday 25 February;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 27 February;

 

(e)  

at 8.55 am and 2.00 pm on Tuesday 4 March;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 6 March;


 
 

Public Bill Committee: 13 February 2014                  

14

 

Consumer Rights Bill, continued

 
 

(g)  

at 8.55 am and 2.00 pm on Tuesday 11 March;

 

(h)  

at 11.30 am and 2.00 pm on Thursday 13 March;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 11

Until no later

Which?

 
 

February

than 9.45 am

Citizens Advice

 
 

Tuesday 11

Until no later

The Law Commission

 
 

February

than 10.15 am

The Scottish Law Commission

 
 

Tuesday 11

Until no later

The Confederation of British

 
 

February

than 11.00 am

Industry

 
   

The British Retail Consortium

 
   

The Federation of Small

 
   

Businesses

 
 

Tuesday 11

Until no later

The Trading Standards Institute

 
 

February

than 2.45 pm

The Office of Fair Trading

 
 

Tuesday 11

Until no later

MoneySavingExpert.com

 
 

February

than 3.15 pm

  
 

Tuesday 11

Until no later

The Department for Business,

 
 

February

than 4.00 pm

Innovation and Skills

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 60; Schedule 1; Clauses 61 to 63; Schedule 2;

 

Clauses 64 to 70; Schedule 3; Clauses 71 to 75; Schedule 4; Clauses 76 and

 

77; Schedules 5 and 6; Clauses 78 and 79; Schedule 7; Clause 80; Schedule

 

8; Clauses 81 to 86; new Clauses; new Schedules; remaining proceedings on

 

the Bill; and

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Thursday 13 March.

 


 
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Revised 13 February 2014