House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1837

House of Commons

Notices of Amendments

given on

Wednesday 19 March 2014

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

1829-30, 1833 and 1835-36

Consideration of Bill

Consumer Rights Bill, As Amended

Stella Creasy

Stephen Doughty

NS1

To move the following Schedule:—

‘Access to data

Information for consumers

1
The Secretary of State shall report to Parliament within six months of Royal

Assent of this Act setting out how consumers will have access to the

information they require in order to make informed assessments of prices,

charges and fees.

Supply of customer data

2
A report under paragraph 1 shall include details of how the Government

intends to—

(a)
make regulations to require all regulated persons to provide customer

data relating to transactions between the regulated person and the

customer, as set out in section 89 (Supply of customer data) of the

Enterprise and Regulatory Reform Act 2013;

(b)
enable third parties to make requests for customer data under section

89(1)(b) of that Act; and

(c)
ensure customer data is provided in a form which enables the customer

or third party to assess whether the price they are paying for a service

is reasonable, which should have regard to section 89(7) of the

Enterprise and Regulatory Reform Act 2013.

Designation of regulated persons and regulatory bodies

3
A report under paragraph 1 shall—

(a)
review which traders, including the activities of any government, or

local or public authority, as defined by section 2 of this Act, shall be

Notices of Amendments: 19 March 2014
1838

Consumer Rights Bill, continued

considered a regulated person under section 89(2) of the Enterprise

and Regulatory Reform Act 2013; and

(b)
identify a relevant regulatory body to undertake the duties set out in

paragraph 4 of this Schedule.

Guidance for regulated persons

4
A report under paragraph 1 shall include details of how the Government

intends to require regulators of services which are provided by regulated

persons, as defined in section 89(2) of the Enterprise and Regulatory Reform

Act 2013, to produce guidance on the implementation of section 89 of that Act.

5
Guidance produced for regulated persons under paragraph 4 shall include—

(a)
how regulated persons should provide customer data;

(b)
details on the ownership of customer data which shall include, but is

not limited to—

(i)
that customer data generated directly, at any point in the

course of a contract, is owned by the customer;

(ii)
that prior to any decision requiring the transmission of data in

a format where the customer can be identified to a third party,

direct consent of the customer as owner of the data must be

secured; and

(iii)
how regulated persons should recognise and publicise that

such data is owned by the customer;

(c)
how customers may consent to their data being shared with third

parties under section 89(1)(b) of the Enterprise and Regulatory

Reform Act 2013;

(d)
specify sanctions for traders who are not able to confirm the consent

of the customer to sharing their data;

(e)
measures to limit amount that may be charged for any such single

request for data on behalf of multiple customers;

(f)
how regulated persons, who hold data on customers on behalf of any

government, local or public authority, can use this information to

secure social and consumer benefits; and

(g)
how regulated persons, who hold data on customers on behalf of any

government, local or public authority, can contribute to a report under

paragraph 7.

Access to information: public services

6    (1)
The Secretary of State shall report to Parliament within six months of Royal

Assent of this Act on how the Government intends to ensure that all consumers

of public services, who have a direct role in commissioning them, are able to

access information regarding any consumer contract or consumer notices

which may reasonably be understood to apply to them.

      (2)
A report under sub-paragraph (1) shall have particular regard to—

(a)
the access to information that consumers of public services require;

and

(b)
how access to information can ensure greater transparency on the

work of traders.

      (3)
For the purposes of this paragraph, “public services” means the work of any

government, local or public authority or traders offering services on their

behalf.

Notices of Amendments: 19 March 2014
1839

Consumer Rights Bill, continued

Access to information: annual report

7    (1)
The Secretary of State shall produce and submit to Parliament an annual report

setting out an analysis of the cumulative costs and benefits of Government

decisions relating to the rights of consumers and protection of their interests.

      (2)
A report under sub-paragraph (1) shall in particular address the effect on—

(a)
household consumption;

(b)
vulnerable households; and

(c)
any other subjects as the Secretary of State decides.’.



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