|
|
| |
| |
|
| |
| |
| | |
| Clause 52, page 31, line 12, at end insert— |
|
| | ‘(3A) | For the purposes of this Act, where the service provides assistance to the |
|
| | consumer for what can reasonably be considered serious loss of— |
|
| | |
| | (b) | primary living accommodation, or |
|
| | |
| | | and such a service would be considered their primary redress for such a loss, the |
|
| | impact of any delay in provision of this service on their quality of life can be taken |
|
| | into account in determining what timeframe is considered reasonable. |
|
| | (3B) | Considerations under subsection (3A) do not affect the right of consumers to seek |
|
| | other remedies for a breach of contract at a later date regarding delay in provision |
|
| | |
| |
| |
| |
| | |
| Clause 54, page 31, line 30, at end insert— |
|
| | ‘(2A) | The trader shall provide the consumer with full details of their relevant statutory |
|
| | rights under a services contract before the point at which the consumer seeks to |
|
| | challenge whether these rights have been met. This shall be done within an |
|
| | appropriate, retainable format and within a reasonable time of contact with the |
|
| | trader for this purpose to enable the consumer to exercise their rights.’. |
|
| |
| |
| | |
| Clause 54, page 31, line 34, at end insert— |
|
| | ‘(3A) | Where the conduct of the service can be reasonably considered to lead to a risk to |
|
| | the personal safety of the consumer, the consumer has a right to— |
|
| | (a) | a full refund of the cost of the contract, and |
|
| | (b) | any additional fees associated with the service. |
|
| | (3B) | Any action taken under subsection (3A) will not prevent the consumer from |
|
| | seeking other remedies or further compensation for the consequences of this |
|
| | |
| |
| |
| | |
| Clause 54, page 32, line 6, at end insert— |
|
| | ‘(6A) | In seeking to enquire about the terms of their contract, possible breaches of their |
|
| | statutory rights or enforce terms about service, a trader cannot charge the |
|
| | consumer for seeking to communicate with them.’. |
|
| |
|
|
| |
| |
|
| |
| |
| | |
| Clause 55, page 32, line 19, at end insert— |
|
| | ‘(1A) | Where the quality of provision of services has been deemed to be hazardous or so |
|
| | poor as to cause the consumer to reasonably lose confidence in the trader’s ability |
|
| | to provide services which they would wish to purchase, the consumer may refuse |
|
| | a repeat performance and exercise their right to price reduction under section 56.’. |
|
| |
| |
| |
| | |
| Clause 56, page 32, line 34, at end insert— |
|
| | ‘(1A) | When considering what is an appropriate amount for the purpose of this section, |
|
| | consideration shall be given to reasonable steps that will return the consumer to |
|
| | the position they would be in if the trader had not breached the contract in the first |
|
| | |
| |
| |
| | |
| Clause 56, page 32, line 36, 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 method used in the original transfer. |
|
| | (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 caused by this delay unless the consumer has decided to waive |
|
| | this right to a refund within this timeframe.’. |
|
| |
| |
| | |
| Clause 56, page 32, line 43, at end insert— |
|
| | ‘(c) | the consumer has exercised their right under section 55(1A).’. |
|
| |
| |
| | |
| Schedule 1, page 49, line 30, at end insert— |
|
| | ‘Consequential repeal and revocation |
|
| | 55 | In consequence of the amendments made by this Schedule— |
|
| | (a) | omit paragraph 5(9) of Schedule 2 to the Sale and Supply of Goods |
|
| | |
| | (b) | omit paragraph 97 of Schedule 2 to the Consumer Protection from |
|
| | Unfair Trading Regulations 2008 (SI 2008/1277).’. |
|
| | Member’s explanatory statement
|
|
| | This amendment repeals or revokes provisions which are redundant because they amend provi |
|
|
|
| |
| |
|
| | sions which are in turn repealed by Schedule 1 to the Bill. |
|
| |
| |
| |
| | |
| Clause 62, page 35, line 32, at end insert— |
|
| | ‘(2A) | For the purposes of this Act, consumer notices are considered to be any |
|
| | information or requirements about the contract conveyed to the consumer before |
|
| | or during the commissioning of the contract by the trader which may reasonably |
|
| | be considered designed to influence the behaviour of the consumer.’. |
|
| |
| |
| |
| | |
| Clause 63, page 36, line 25, at end insert— |
|
| | ‘(1A) | Where a contract includes a term which is included in either Part 1 or Part 2 of |
|
| | Schedule 2 of this Act, the trader must draw to the attention of the consumer these |
|
| | terms and their rights to challenge these under this legislation prior to purchase.’. |
|
| |
| |
| |
| | |
| Schedule 2, page 51, line 10, at end insert— |
|
| | ‘(14A) | A term (including those within the scope of paragraph 22 of this Schedule) which |
|
| | has the object or effect of permitting a trader to increase the price of, or alter |
|
| | unilaterally any characteristics of goods, digital content or services during any |
|
| | minimum contract period or before the end of a contract of a specified duration |
|
| | without a valid reason or where it is reasonably foreseeable that the consumer |
|
| | would not be free to dissolve the contract without being disadvantaged.’. |
|
| |
| |
| | |
| Schedule 2, page 51, line 37, at end insert— |
|
| | ‘(21) | A term which requires a consumer to pay a charge for or be liable for an element |
|
| | of a good or service that another party has also been charged for in the course of |
|
| | |
| |
| |
| | |
| Schedule 2, page 51, line 37, at end insert— |
|
|
|
| |
| |
|
| | ‘(22) | A term which seeks to restrict the ability of a consumer to access information to |
|
| | enable them to ascertain whether the contract they are being offered could |
|
| | undermine their statutory rights.’. |
|
| |
| |
| | |
| Schedule 2, page 51, line 37, at end insert— |
|
| | ‘(23) | A term which has the object or effect of enabling a trader to increase the price of |
|
| | the contract unilaterally without a valid reason and where the consumer is unable |
|
| | |
| | (a) | enter into a new regulated mortgage contract or home purchase plan or |
|
| | vary the terms of an existing regulated mortgage contract or home |
|
| | purchase plan with the existing mortgage lender or home purchase |
|
| | |
| | (b) | enter into a new regulated mortgage contract or home purchase plan with |
|
| | a new mortgage lender or home purchase provider. |
|
| | | The terms “regulated mortgage contract” and ‘home purchase plan’ have the |
|
| | same meaning as in the Financial Services and Market Act 2000 (Regulated |
|
| | Activities) Order 2001 as amended.’. |
|
| |
| |
| | |
| Schedule 2, page 51, line 37, at end insert— |
|
| | ‘(24) | If the contract is for a financial service, a term that directly causes financial |
|
| | detriment to the consumer such that it can be seen to reasonably alter the capacity |
|
| | of the consumer to pay the costs of the contract.’. |
|
| |
| |
| | |
| Schedule 2, page 51, line 37, at end insert— |
|
| | ‘(25) | Where the service provided is for an additional assistance service as set out in |
|
| | section 51, a term providing for charges unless the original provider of the service |
|
| | has approved this service and range of costs for its provision within which this |
|
| | |
| |
| |
| |
| | |
| Clause 64, page 37, line 19, leave out from ‘that’ to end of line 23 and insert ‘the |
|
| assessment is of the appropriateness of the price payable under the contract by comparison |
|
| with the goods, digital content or services supplied under it, but only where the price |
|
| payable does not relate to future variable fees or charges payable under the contract.’. |
|
| |
| |
| | |
| Clause 64, page 37, line 30, after ‘term’, insert ‘and it would form part of their |
|
| |
|
|
| |
| |
|
| |
| |
| | |
| Clause 64, page 37, line 32, after ‘circumspect’, insert ‘, taking into account social, |
|
| cultural and linguistic factors.’. |
|
| |
| |
| |
| | |
| Clause 68, page 38, line 41, after ‘trader’, insert ‘, which for these purposes |
|
| includes a provider of financial services,’. |
|
| |
| |
| | |
| Clause 68, page 39, line 2, at end add— |
|
| | ‘(3) | Whether that notice is a general statement of the consumer’s legal rights or |
|
| | specifically with regard to the obtaining of legal advice or assistance by an injured |
|
| | consumer it shall be drafted by and shall only recommend or direct an injured |
|
| | consumer to bodies that are wholly independent of the trader or anyone connected |
|
| | |
| |
| |
| | Consumer protection for small business operations |
|
| |
| |
| | |
| 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 |
|
| |
| | |
| 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 |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (a) | the defect posing a safety risk to any persons affected or likely to be |
|
| | |
| | (b) | the actions required to achieve (a) do not cause significant inconvenience |
|
| | |
| | (c) | all costs associated with the recall action are borne by the reponsible |
|
| | |
| | (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 |
|
| | |
| | (6) | For the purposes of subsections (4) and (5), the Secretary of State must consult |
|
| | |
| | |
| | (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 |
|
| |
| |
| | |
| 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. |
|
| | (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: |
|
| | |
| | 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 |
|
| | |
| | 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 |
|
| | |
| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | brought to a conclusion four hours after the commencement of proceedings |
|
| | |
| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | proceedings on Consideration and Third Reading. |
|
| | |
| | 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] |
|
| | |
| | (1) | the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 11 |
|
| | |
| | (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; |
|
|