House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

23

House of Commons

Tuesday 25 February 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments 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

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.’.

Stella Creasy

Stephen Doughty

11

Clause  19,  page  10,  line  6,  at end insert—

‘(4A)
Where the installation of goods leads to a risk to the consumer, as set out in the

Housing Act 2004, the consumer retains a right to a full refund of the cost of the

contract and any additional fees associated with the installation.

(4B)
Any action taken under subsection (4A) will not prevent the consumer from

seeking other remedies or further compensation for the consequences of the

installation.’.

Public Bill Committee: 25 February 2014
24

Consumer Rights Bill, continued

Stella Creasy

Stephen Doughty

12

Clause  19,  page  10,  line  14,  at end insert—

‘(6A)
Where the trader has failed to notify the consumer of an outstanding legal charge

or liability against the goods, in exercising the right to reject the consumer may

also revert all legal and financial responsibility to the trader as though the initial

transfer had not taken place.’.

Stella Creasy

Stephen Doughty

10

Clause  19,  page  11,  line  5,  at end add—

‘(16)
Upon seeking to enforce statutory rights under this section, customers must be

provided with information, by the trader, about their rights regarding rejection,

repair or replacement of goods, or other remedies provided under sections 20 to

29 of this Act.’.

Stella Creasy

Stephen Doughty

13

Clause  20,  page  11,  line  24,  at end insert—

‘(a)
within 30 days of agreeing that a refund is to be paid, and

(b)
using the same payment method used in the original transfer.

(9A)
Where the trader fails to ensure an entitled refund under subsection (9) is

provided within 30 days, the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay, unless the

consumer has decided to waive this right to a refund within this timeframe.’.

Stella Creasy

Stephen Doughty

19

Clause  20,  page  11,  line  24,  at end insert—

‘(9A)
A consumer shall not be obliged to incur any costs when returning rejected goods

except those incurred in returning the goods to the place where they acquired

physical possession of the same goods.’.

Stella Creasy

Stephen Doughty

14

Clause  20,  page  11,  line  27,  after ‘transferred’, insert ‘within 30 days of agreeing

that a refund is to be provided’.

Stella Creasy

Stephen Doughty

15

Clause  20,  page  11,  line  27,  at end insert—

‘(10A)
Where a trader fails to ensure an entitled transfer under subsection (10) is

provided within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay.

Public Bill Committee: 25 February 2014
25

Consumer Rights Bill, continued

(10B)
Damages shall not be awarded if—

(a)
the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe, or;

(b)
such a timeframe could not be considered reasonable given the transfer

in question.’.

Stella Creasy

Stephen Doughty

16

Clause  20,  page  11,  line  31,  after ‘transferred’, insert ‘within 30 days of agreeing

that a refund is to be provided.

(11A)
Where a trader fails to ensure an entitled transfer under subsection (11) is

provided within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss of income from this delay on them.

(11B)
Damages shall not be awarded if—

(a)
the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe, or;

(b)
such a timeframe could not be considered reasonable given the transfer

in question.’.

Stella Creasy

Stephen Doughty

17

Clause  20,  page  11,  line  34,  at end insert—

‘(12A)
Any refund under subsection (12) shall be paid—

(a)
within 30 days of agreeing that such a refund is to be provided, and

(b)
using the same format for payment used in the original transfer for which

they are receiving the refund.

(12B)
Where the trader fails to ensure an entitled refund under subsection (12) is

provided within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay.

(12C)
Damages shall not be awarded if—

(a)
the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe, or

(b)
such a timeframe could not be considered reasonable given the transfer

in question.’.

Stella Creasy

Stephen Doughty

18

Clause  20,  page  11,  line  37,  at end insert—

‘(13A)
Any refund under subsection (13) shall be paid—

(a)
within 30 days of agreeing that such a refund is to be provided, and

(b)
using the same format for payment used in the original transfer for which

they are receiving the refund.

(13B)
Where a trader fails to ensure an entitled refund under subsection (13) is provided

within 30 days the consumer is entitled to seek damages from the trader

commensurate with the impact of any loss caused by this delay on them, unless

Public Bill Committee: 25 February 2014
26

Consumer Rights Bill, continued

the consumer has decided to waive this right to a return of whatever was

transferred within this timeframe.’.

Stella Creasy

Stephen Doughty

20

Clause  22,  page  13,  line  23,  at end insert—

‘(4A)
The consumer may defer the commencement of the short term right to reject

goods if they stated at the time of purchase that they wish to defer the use of the

goods to a specific date and can reasonably be expected to delay the use of the

goods.’.

Stella Creasy

Stephen Doughty

21

Clause  23,  page  14,  line  3,  leave out ‘a reasonable time’ and insert ‘30 days, unless

an alternative timescale is agreed with the consumer prior to the commencement of any

repair activity,’.

Stella Creasy

Stephen Doughty

22

Clause  23,  page  14,  line  22,  at end insert ‘, and

(c)
the financial impact on the consumer of the completion of any repair that

takes longer than 30 days.’.

Stella Creasy

Stephen Doughty

23

Clause  23,  page  14,  line  32,  at end add—

‘(9)
Where the quality of provision of goods has been deemed to be hazardous or so

poor as to cause the consumer to reasonably lose confidence in the traders’ ability

to provide goods, the consumer may refuse a repair and exercise their right to

reject under section 20.’.

Stella Creasy

Stephen Doughty

24

Clause  24,  page  14,  line  39,  after ‘amount’, insert ‘, to be paid—

(i)
within 30 days of agreeing that a refund is to be paid, and

(ii)
using the same payment method used in the original transfer for

which they are receiving the refund.

(1A)
Where the trader fails to ensure this refund is provided within this timeframe the

consumer is entitled to seek damages from the trader commensurate with the

Public Bill Committee: 25 February 2014
27

Consumer Rights Bill, continued

impact of any loss caused by this delay, unless the consumer has decided to waive

this right to a refund within this timeframe.’.

Stella Creasy

Stephen Doughty

25

Clause  24,  page  15,  line  34,  leave out from ‘(12)’ to end of line 39.

Stella Creasy

Stephen Doughty

26

Clause  24,  page  15,  line  40,  leave out subsection (11).

Stella Creasy

Stephen Doughty

27

Clause  30,  page  19,  line  26,  leave out ‘states’ and insert ‘sets out in full and clearly

understandable detail’.

Stella Creasy

Stephen Doughty

45


Clause  33,  page  21,  line  38,  at end insert—

‘(4A)
For the purposes of this legislation, intermediary services which enable access to

digital cotent by being a platform for introducing a consumer to a trader shall also

not be considered to have supplied digital content.’.

Stella Creasy

Stephen Doughty

28

Clause  34,  page  22,  line  21,  at end insert—

‘(aa)
any claim made by the trader as to the outcome the digital content will

achieve,’.

Stella Creasy

Stephen Doughty

29

Clause  35,  page  23,  line  34,  at end insert—

Public Bill Committee: 25 February 2014
28

Consumer Rights Bill, continued

‘(5A)
In assessing whether digital content is fit for purpose any public claims made by

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

Stella Creasy

Stephen Doughty

30

Clause  36,  page  23,  line  40,  at end insert—

‘(1A)
Where a trader is selling digital content that has restrictions on who can purchase

it, public communications about that digital content, including promotional

material and any promotional activities, shall be required to reflect these

restrictions.’.

Stella Creasy

Stephen Doughty

31

Clause  36,  page  23,  line  40,  at end insert—

‘(1B)
Prior to exchange of the digital content or agreeing the contract, whichever

happens first, the trader will explicitly provide the consumer with relevant details

of their statutory rights under sections 42, 43, 44 and 45 of this Act.’.

Stella Creasy

Stephen Doughty

32

Clause  36,  page  24,  line  9,  at end insert—

‘(4A)
The trader is required to provide full details of the total cost of digital content

prior to sale including details of any additional service fees or charges that could

be incurred by the buyer in purchasing the digital content.

(4B)
The information set out in subsection (4A) should be portrayed prior to sale and

the explicit consent to purchase digital content at this price sought prior to sale.’.

Stella Creasy

Stephen Doughty

33

Clause  40,  page  25,  line  31,  at end add—

‘(2A)
If the trader becomes aware of digital content that is faulty it is the responsibility

of the trader to take all reasonable steps to inform the consumer affected so that

he may exercise their statutory rights.’.

Stella Creasy

Stephen Doughty

34

Clause  43,  page  27,  line  3,  leave out ‘a reasonable time’ and insert ‘30 days unless

an alternative timescale is agreed with the consumer prior to the commencement of any

repair activity’.

Public Bill Committee: 25 February 2014
29

Consumer Rights Bill, continued

Stella Creasy

Stephen Doughty

35

Clause  43,  page  27,  line  16,  after ‘conformity’, insert ‘and the financial impact on

the consumer of the completion of any repair that takes longer than 30 days’.

Stella Creasy

Stephen Doughty

36

Clause  45,  page  28,  line  8,  at end insert—

‘(2A)
The consumer is entitled to this refund within 30 days of agreeing that a refund is

to be paid using the same payment format used to purchase the digital content for

which they are receiving the refund.

(2B)
Where the trader fails to ensure this refund is provided within this timeframe the

consumer is entitled to seek damages from the trader commensurate with the

impact of any loss of income from this delay on them unless the consumer has

decided to waive this right to a refund within this timeframe.’.

Stella Creasy

Stephen Doughty

37

Clause  46,  page  28,  line  22,  at end insert—

‘(2A)
The consumer is entitled to this payment within 30 days of agreeing that a

payment is to be made using the same payment method used to purchase the

digital content for which they are receiving the payment.

(2B)
Where the trader fails to ensure this payment is provided within this timeframe

the consumer is entitled to seek damages from the trader commensurate with the

impact of any loss of income from this delay on them unless the consumer has

decided to waive this right to a payment within this timeframe.’.

Stella Creasy

Stephen Doughty

38

Clause  49,  page  30,  line  8,  at end insert—

‘(1A)
In assessing whether the service has been performed with reasonable care and

skill any claim made by the trader as to the outcome the service will achieve must

be taken into consideration.’.

Stella Creasy

Stephen Doughty

46


Clause  49,  page  30,  line  8,  at end insert—



© Parliamentary copyright	Revised 25 February 2014