House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

2019

House of Commons

Notices of Amendments

given on

Thursday 8 May 2014

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

1829-30, 1833, 1835-36, 1837-39, 1861, 1921-22, 1959-61 and 2007-08

Consideration of Bill

Consumer Rights Bill, As Amended

Credit broker fees

Yvonne Fovargue

NC9

To move the following Clause:—

‘(1)
The Consumer Credit Act 1974 is amended as follows.

(2)
In section 160A (Credit intermediaries) after subsection (4) insert—

“(4A)
Persons engaged in credit intermediary activity under this section or

credit broking activity under section 145 shall not charge or take any fee

from a debtor in respect of these activities until such time as an

introduction results in the debtor entering into a relevant agreement.”.’.

Powers of the Information Commissioner: nuisance calls

Yvonne Fovargue

NC10

To move the following Clause:—

‘(1)
The Data Protection Act 1998 is amended as follows.

(2)
In section 40 (Enforcement Notices), leave out subsection (2).

(3)
In section 55A (Power of Commissioner to impose monetary penalty), leave out

subsection (1)(b).’.

Practices of rent to own companies

Yvonne Fovargue

NC11

To move the following Clause:—

Notices of Amendments: 8 May 2014
2020

Consumer Rights Bill, continued

‘(1)
This section applies to credit agreements and consumer hire agreements taken out

in respect of household goods specified in rules by the Financial Conduct

Authority.

(2)
The rules under subsection (1) shall—

(a)
include a requirement on lenders to include in pre-contractual

information adequate explanations and information allowing prospective

customers to compare both the cash price of goods and the total cost of

the credit agreement to a representative retail price for those goods;

(b)
prohibit lenders from requiring customers to take out insurance sold or

brokered by the lender as a condition of obtaining credit;

(c)
set out specific steps lenders must take before taking action to enforce the

agreement or recover possession of goods; and

(d)
set out the steps lenders should take to check that the agreement is

affordable and suitable for prospective consumers.’.

Right to full refund: ticketed events

Philip Davies

NC12

To move the following Clause:—

‘An event organiser must issue a full cash refund where their tickets are returned

to them up to 24 hours before the start of the event.’.

Goods to be as described: meat products

Philip Davies

Philip Hollobone

Julian Sturdy

Sir Gerald Howarth

Jim Fitzpatrick

Philip Davies

NC13

To move the following Clause:—

‘(1)
All products containing halal and kosher meat shall be labelled as such at the

point of sale by retail and food outlets.

(2)
A food outlet is anywhere where food is sold to the public.’.

Communications services: change of service provider

Philip Davies

NC14

To move the following Clause:—

‘(1)
Section 3 of the Communications Act 2003 is amended as follows.

(2)
At the end of subsection (2)(b) insert “with a switching process that is led by the

receiving communications service provider”.’.

Notices of Amendments: 8 May 2014
2021

Consumer Rights Bill, continued

Right to corrective action

Mark Durkan

Fiona O’Donnell

Mike Wood

NC15

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 consumer; 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

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 responsible

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)
The Secretary of State may create or designate a body to act as a consumer

product safety and recall authority.

(7)
The Secretary of State may by regulations provide for the authority to—

(a)
act to protect the public from identifiable and unreasonable risks of

injury, death or household risk from consumer products;

(b)
review products, test products, or receive or commission reports from

other competent persons;

(c)
direct corrective action to be taken by relevant economic actors,

regulators or authorities;

(d)
ensure and direct forms of consumer registration, from purchase of

products, with databases which will be conducive to optimal fulfilment

of (a) and (c) above;

(e)
require notification by economic actors, including manufacturers, brand

suppliers or traders, of significant evidence of concern in respect of the

consumer safety of relevant products; and

(f)
provide for accessible, intelligible information and advice to be available

to consumers and relevant economic actors in respect of product safety,

corrective actions and other guidances relevant to the authority’s work.

Notices of Amendments: 8 May 2014
2022

Consumer Rights Bill, continued

(8)
For the purposes of subsections (4), (5), (6) and (7), the Secretary of State must

consult with—

(a)
market regulators;

(b)
relevant authorities; and

(c)
any other bodies he thinks appropriate.

(9)
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).’.

Philip Davies

19

Schedule  2,  page  52,  line  2,  at the end insert—

‘20A
A term which has the object or effect of permitting a trader block, restrict or

otherwise hinder the access of a consumer to any lawful electronic

communications network or electronic communications service on the basis of

an unreasonable or unusual definition of “internet access”, “data”, “web

access” or similar word or phrase.

Nothing in this prohibition shall affect filters for the purpose of child

protection.

Electronic communications network or electronic communication service shall

have the same meaning as in the Communications Act 2003.’.

Secondary ticketing platforms: product and seller information

Stella Creasy

Stephen Doughty

NC16

To move the following Clause:—

‘(1)
The Secretary of State shall issue guidance to all traders who operate as secondary

ticketing platforms on the application of the Consumer Contracts (Information,

Cancellation and Additional Charges) Regulations 2013.

(2)
Guidance issued under section (1) shall include how secondary ticketing

platforms must inform consumers of—

(a)
the chosen identity of the seller;

(b)
the country of residence of the seller;

(c)
information provided by previous buyers on the reliability of the seller

and the tickets he has sold;

(d)
information on any complaints made against the seller for failing to

supply tickets;

(e)
information on any complaints made against the seller for supplying

fraudulent or invalidated tickets; and

(f)
information on all other accounts currently or previously held with the

secondary ticketing platform linked to the seller by virtue of personal,

financial and contact information provided by them.

(3)
Guidance issued under section (1) shall set out how information required under

Part 2 of the Consumer Contracts (Information, Cancellation and Additional

Charges) Regulations 2013 shall be—

(a)
accurate; and

(b)
prominently displayed before a buyer is able to purchase.

(4)
Guidance issued under section (1) shall set out how secondary ticketing platforms

must disclose clearly if the seller of the ticket is—

Notices of Amendments: 8 May 2014
2023

Consumer Rights Bill, continued

(a)
the secondary ticketing platform themselves;

(b)
individuals employed by the secondary ticketing platform;

(c)
other companies linked to employees, directors or shareholders of the

secondary ticketing platform;

(d)
the event organiser or an agent acting on their behalf; or

(e)
any other party connected to the event organiser of the event.

(5)
Guidance issued under section (1) shall set out the status of tickets as unique

goods with distinct characteristics which would affect—

(a)
the enjoyment of the good by the consumer;

(b)
the use of the good by the consumer; or

(c)
the inherent value of the good in questions.

(6)
Where a ticket is sold through a secondary ticketing platform, guidance issued

under section (1) shall set out how the Consumer Contracts (Information,

Cancellation and Additional Charges) Regulations 2013 apply to tickets as

unique goods, including—

(a)
how sellers must provide all relevant information about the ticket

including but not limited to the face value of the ticket and a designated

seat or ticket number;

(b)
how secondary ticketing platforms will publish all the information about

a ticket provided by the seller in a prominent and clear way; and

(c)
what sanctions will apply for failing to provide this information under the

regulations.’.

Secondary ticketing platforms: fraudulent tickets

Stella Creasy

Stephen Doughty

NC17

To move the following Clause:—

‘(1)
Where a secondary ticketing platform becomes aware that sellers using their

service have acquired tickets through illegal methods, or are selling fraudulent

tickets, they have a duty to report this to the relevant law enforcement agency

immediately.

(2)
A secondary ticketing platform must meet any lawful requests for information on

sellers made by law enforcement agencies or courts.

(3)
Where a law enforcement agency has notified a secondary ticketing platform that

a ticket advertised through their service is, or is suspected to be, fraudulent, the

secondary ticketing platform must remove that ticket and suspend the seller’s

activities immediately.’.



© Parliamentary copyright	Revised 9 May 2014