House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 13 May 2014
2139

Consumer Rights Bill, continued

(3)
Where tickets are being resold in contravention of the terms and conditions

agreed to by the original purchaser, this must be stated prominently by the

secondary ticketing platform at every stage of the purchasing process.

(4)
Information provided by virtue of this section must be—

(a)
accurate; and

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

Secondary ticketing platforms: compensation

Mrs Sharon Hodgson

Mike Weatherley

Clive Efford

Kerry McCarthy

John Robertson

Ian Mearns

Nick Smith

NC20

To move the following Clause:—

‘(1)
Secondary ticketing platforms must reimburse reasonable costs to a buyer where

a ticket sold through their service is fraudulent or invalidated.

(2)
For the purposes of subsection (1), reasonable costs must include, but are not

limited to—

(a)
the price paid for the ticket by the buyer, inclusive of all service and

delivery charges;

(b)
all travel expenses incurred by the buyer in travelling from their place of

residence to the location of the event for which they had purchased the

ticket; and

(c)
any accommodation expenses incurred by the buyer for the sole purpose

of attending the event for which they had purchased the ticket.

(3)
For the purposes of subsection (1), reasonable costs should be defined as a total

amount not exceeding twice the total purchase price of the ticket or tickets in

question, including all additional fees and taxes paid.

(4)
Claims made by a buyer against a secondary ticketing platform under this section

must be proven by receipts or other documentary proof.

(5)
The secondary ticketing platform must settle any claims under this section within

40 working days, other than where a suspected fraud or abuse related to the

transaction in question is the subject of an ongoing investigation by the relevant

statutory authority.

(6)
Secondary ticketing platforms are permitted to take all necessary action to

recover any monies paid out to consumers under this section from the seller of the

ticket.’.

Consideration of Bill: 13 May 2014
2140

Consumer Rights Bill, continued

Secondary ticketing platforms: definitions

Mrs Sharon Hodgson

Mike Weatherley

Clive Efford

Kerry McCarthy

John Robertson

Ian Mearns

Nick Smith

NC21

To move the following Clause:—

‘(1)
A “secondary ticketing platform” means a person or company operating an

internet-based facility for the resale of tickets to events including in the United

Kingdom, regardless of the country in which the owner of the service is

registered.

(2)
A “ticket” means anything which purports to be a ticket, including any item,

tangible or intangible, which grants the holder entry to an event.

(3)
An “event” means any sporting, music or cultural activity taking place at a

specified time and place for which tickets are issued and required for entry or

attendance.

(4)
An “event organiser” means the person or persons responsible for organising and

holding an event and receiving the revenue from the event.

(5)
A “fraudulent ticket” means a forged or duplicated ticket.

(6)
An “invalidated ticket” means a ticket which has been cancelled by the event

organiser, or an agent acting on their behalf, after being issued.’.

Prohibition of fees in contracts for services: letting of residential accommodation

Hilary Benn [R]

Emma Reynolds

Stella Creasy

Caroline Lucas

NC22

To move the following Clause:—

‘(1)
The provisions in this section apply to a contract for a trader to supply a service

in connection with the letting of a residential premises.

(2)
Subject to the provisions of this section, any person who demands or accepts

payment of any sum of money from a person (“P”) for services in connection with

a contract for the letting of residential premises shall be guilty of an offence.

(3)
For the purposes of subsection (2), P is any person—

(a)
who seeks to enter a contract to let residential accommodation, or

(b)
who has a tenancy of, or other right or permission to occupy, residential

premises.

(4)
For the purposes of subsection (2)—


“letting” shall include any service provided in connection with the advertisement

or marketing of residential accommodation or with the grant or renewal of a

tenancy;

Consideration of Bill: 13 May 2014
2141

Consumer Rights Bill, continued


“services shall —

(a)
include, and are not limited to—

(i)
the registration of persons seeking accommodation,

(ii)
the selection of prospective occupiers, and

(iii)
any work associated with the production or completion of

written agreements or other relevant documents.

(b)
not include credit checks of person seeking accommodation.

(5)
Where a person unlawfully demands or accepts payment under this section in the

course of his employment, the employer or principal of that person shall also be

guilty of an offence.

(6)
A person shall not be guilty of an offence under this section by reason of his

demanding or accepting payment of rent or a tenancy deposit within the meaning

of section 212(8) of the Housing Act 2004.

(7)
A person shall not be guilty of an offence under this section by reason of his

demanding or accepting a holding deposit.

(8)
A “holding deposit” for the purposes of subsection (7) is—

(a)
a sum of money demanded of or accepted from a person, in good faith for

the purpose of giving priority to that person in relation to the letting of a

specific property, which is to be credited towards the tenancy deposit or

rent upon the grant of the tenancy of that property, and

(b)
not greater than two weeks rent for the accommodation in question.

(9)
Costs incurred by persons seeking accommodation for the undertaking of credit

checks shall be reimbursed upon the signing of a tenancy agreement.

(10)
In this section, any reference to the grant or renewal of a tenancy shall include the

grant or renewal or continuance of a lease or licence of, or other right or

permission to occupy, residential premises.

(11)
In this section “rent” shall include any occupation charge under a licence.’.

Stella Creasy

Stephen Doughty

6

Clause  2,  page  2,  line  15,  at end insert—

‘(3A)
The Secretary of State may by order made by statutory instrument provide that

those who represent businesses with fewer than 10 employees and are purchasing

goods or services for use within their commercial activities will be considered

consumers.’.

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.

Consideration of Bill: 13 May 2014
2142

Consumer Rights Bill, continued

(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.’.

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.

Consideration of Bill: 13 May 2014
2143

Consumer Rights Bill, continued

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.

Stella Creasy

Stephen Doughty

5

Clause  48,  page  30,  line  3,  leave out from ‘(5)’ to ‘resolution’ and insert ‘may not

be made unless a draft has been laid before and approved by’.

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.

Consideration of Bill: 13 May 2014
2144

Consumer Rights Bill, continued

Hilary Benn

Emma Reynolds

Stella Creasy

20

Clause  84,  page  43,  line  14,  at end insert—

‘(2A)
Section [Prohibition of fees in contracts for services: letting of residential

accommodation] extends only to England.’.

Stella Creasy

Stephen Doughty

1

Schedule  2,  page  50,  line  9,  at end insert—

‘1A
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 the same transaction.’.

Stella Creasy

Stephen Doughty

2

Schedule  2,  page  50,  line  15,  at end insert—

‘2A
A term which relies upon any bill of sale, as defined in section 3 (Construction

of Act) of the Bills of Sale Act (1878) Amendment Act 1882, to reduce the

level of consumer protection in relation to contracts concerning consumer

credit.’.

Stella Creasy

Stephen Doughty

3

Schedule  2,  page  50,  line  18,  at end insert—

‘3A
A term that directly causes financial detriment to the consumer such that it can

reasonably be seen to alter the capacity of the consumer to pay the costs of the

contract, where the contract is for a financial service.’.

Stella Creasy

Stephen Doughty

4

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

‘20A
A term which either—

(a)
requires or encourages a consumer to contract third party services

without informing them of their right to seek independent advice; or

(b)
seeks to limit a consumer’s access to independent advice regarding

third party contracts where there is a potential conflict of interest for

the third party involved.’.

Philip Davies

19

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

Consideration of Bill: 13 May 2014
2145

Consumer Rights Bill, continued

‘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.’.

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.

Stella Creasy

Stephen Doughty

7

Schedule  5,  page  74,  line  39,  leave out sub-paragraphs (3) to (9).

Stella Creasy

Stephen Doughty

8

Schedule  5,  page  75,  line  38,  leave out sub-paragraph (11).

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—



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