House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

13

House of Commons

Thursday 27 February 2014

Public Bill Committee Proceedings

Consumer Rights Bill

[Seventh and Eighth SITTINGS]

Stella Creasy

Stephen Doughty

Not called  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

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

Negatived on division  25

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

Stella Creasy

Stephen Doughty

Not called  26

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

Clause Agreed to.

Clauses 25 to 29 Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  27

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

understandable detail’.

Clause Agreed to.

Public Bill Committee Proceedings: 27 February 2014
14

Consumer Rights Bill, continued

Clauses 31 and 32 Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  45

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

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

digital content by being a platform for introducing a consumer to a trader shall

also not be considered to have supplied digital content.’.

Clause Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  28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,’.

Clause Agreed to.

Stella Creasy

Stephen Doughty

Not called  29

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

‘(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.’.

Clause Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  30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.’.

Public Bill Committee Proceedings: 27 February 2014
15

Consumer Rights Bill, continued

Stella Creasy

Stephen Doughty

Not called  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

Withdrawn  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.’.

Clause Agreed to.

Clauses 37 to 39 Agreed to.

Stella Creasy

Stephen Doughty

Withdrawn  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.’.

Clause Agreed to.

Clauses 41 and 42 Agreed to.

Stella Creasy

Stephen Doughty

Not called  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’.

Stella Creasy

Stephen Doughty

Not called  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’.

Clause Agreed to.

Public Bill Committee Proceedings: 27 February 2014
16

Consumer Rights Bill, continued

Clause 44 Agreed to.

Stella Creasy

Stephen Doughty

Not called  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.’.

Clause Agreed to.

Stella Creasy

Stephen Doughty

Not called  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.’.

Clause Agreed to.

Clause 47 Agreed to.

[Adjourned until Tuesday 4 March at 8.55 am



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