House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1959

House of Commons

Notices of Amendments

given on

Tuesday 6 May 2014

For other Amendment(s) see the following page(s) of Supplement to Votes:

1829-30, 1833, 1835-36, 1837-39, 1861 and 1921-22

Consideration of Bill

Consumer Rights Bill, As Amended

Secretary Vince Cable

9

Clause  20,  page  11,  line  39,  at end insert—

‘(13A)
A refund under this section must be given without undue delay, and in any event

within 14 days beginning with the day on which the trader agrees that the

consumer is entitled to a refund.

(13B)
If the consumer paid money under the contract, the trader must give the refund

using the same means of payment as the consumer used, unless the consumer

expressly agrees otherwise.

(13C)
The trader must not impose any fee on the consumer in respect of the refund.’.

Member’s explanatory statement

This amendment and amendments 10, 11, 12 and 15 require a trader to provide any refund due to

the consumer without undue delay and at the latest within 14 days. They also provide that the

refund must be in the same form as the original payment unless the consumer agrees otherwise and

that no fee may be charged.

Secretary Vince Cable

10

Clause  24,  page  14,  line  42,  leave out ‘(11)’ and insert ‘(13C)’.

Member’s explanatory statement

The explanatory statement for amendment 9 also applies to this amendment.

Secretary Vince Cable

11

Clause  44,  page  27,  line  45,  at end insert—

‘(4)
A refund under this section must be given without undue delay, and in any event

within 14 days beginning with the day on which the trader agrees that the

consumer is entitled to a refund.

(5)
The trader must give the refund using the same means of payment as the

consumer used to pay for the digital content, unless the consumer expressly

agrees otherwise.

(6)
The trader must not impose any fee on the consumer in respect of the refund.’.

Notices of Amendments: 6 May 2014
1960

Consumer Rights Bill, continued

Member’s explanatory statement

The explanatory statement for amendment 9 also applies to this amendment.

Secretary Vince Cable

12

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

‘(3)
A refund must be given without undue delay, and in any event within 14 days

beginning with the day on which the trader agrees that the consumer is entitled to

a refund.

(4)
The trader must give the refund using the same means of payment as the

consumer used to pay for the digital content, unless the consumer expressly

agrees otherwise.

(5)
The trader must not impose any fee on the consumer in respect of the refund.’.

Member’s explanatory statement

The explanatory statement for amendment 9 also applies to this amendment.

Secretary Vince Cable

13

Clause  46,  page  28,  line  31,  at end insert—

‘(4A)
A compensation payment under this section must be made without undue delay,

and in any event within 14 days beginning with the day on which the trader agrees

that the consumer is entitled to the payment.

(4B)
The trader must not impose any fee on the consumer in respect of the payment.’.

Member’s explanatory statement

This amendment requires that compensation for damage caused by digital content to other digital

content or hardware must be provided by the trader to the consumer without undue delay and at

the latest within 14 days. It also provides that no fee can be charged for this payment.

Secretary Vince Cable

14

Clause  48,  page  30,  line  3,  leave out subsection (7) and insert—

‘(7)
No order may be made under subsection (5) unless a draft of the statutory

instrument containing it has been laid before, and approved by a resolution of,

each House of Parliament.’.

Member’s explanatory statement

Clause 48(5) gives the Secretary of State power to remove specified services from the application

of Chapter 4 of Part 1 by order made by statutory instrument. This amendment changes the

Parliamentary procedure for such statutory instruments from the negative resolution procedure to

the affirmative resolution procedure.

Secretary Vince Cable

15

Clause  56,  page  32,  line  43,  at end insert—

‘(4)
A refund under this section must be given without undue delay, and in any event

within 14 days beginning with the day on which the trader agrees that the

consumer is entitled to a refund.

(5)
The trader must give the refund using the same means of payment as the

consumer used to pay for the service, unless the consumer expressly agrees

otherwise.

(6)
The trader must not impose any fee on the consumer in respect of the refund.’.

Member’s explanatory statement

The explanatory statement for amendment 9 also applies to this amendment.

Notices of Amendments: 6 May 2014
1961

Consumer Rights Bill, continued

Secretary Vince Cable

16

Schedule  5,  page  67,  line  11,  at end insert—

‘A local weights and
Section 35ZA of the Registered

measures authority in Great
Designs Act 1949’

Britain or the Department of

Enterprise, Trade and

Investment in Northern

Ireland

Member’s explanatory statement

This amendment inserts a reference to section 35ZA of the Registered Designs Act 1949 into the

table in paragraph 11 of Schedule 5 so that it falls within the enforcer’s legislation within the

meaning of paragraph 9(1)(b) of the same Schedule. It also lists the relevant domestic enforcers

of this provision.

Secretary Vince Cable

17

Schedule  6,  page  88,  line  27,  at end insert—

‘Registered Designs Act 1949 (c. 88)

A1  (1)
Section 35ZB of the Registered Designs Act 1949 (enforcement) is amended

as follows.

      (2)
Omit subsection (1).

      (3)
Before subsection (2) insert—

“(1A)
For the investigatory powers available to a local weights and measures

authority or the Department of Enterprise, Trade and Investment in

Northern Ireland for the purposes of the enforcement of section 35ZA,

see Schedule 5 to the Consumer Rights Act 2014.”’.

Member’s explanatory statement

This amendment makes a consequential amendment to section 35ZB of the Registered Designs Act

1948 in Schedule 6 by replacing reference to the investigatory powers contained in the Trade

Descriptions Act 1968, which are being repealed by the Consumer Rights Bill, with those

contained in Schedule 5 to the Bill.

Secretary Vince Cable

18

Schedule  6,  page  97,  line  33,  leave out ‘local weights and measures authority’ and

insert ‘person’.

Member’s explanatory statement

This amendment modifies the consequential amendment to the Fireworks Act 2003 in Schedule 6

by replacing the words “local weights and measures authority” with “person” so that it is

consistent with the consequential amendment to the Consumer Protection Act 1987 also in this

Schedule.



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