House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

Report Stage Proceedings: 13 May 2014
634

Consumer Rights Bill, continued

(4)
If the creditor has disposed of goods taken in contravention of subsection (2) the

debtor shall be compensated to the value of those goods.’.

New Clauses and new schedules relating to part 1; amendments to part 1

Right to supply tickets to events of national significance

Clive Efford

Stella Creasy

Mrs Sharon Hodgson

Withdrawn  NC8

To move the following Clause:—

‘(1)
The Secretary of State may by order made by statutory instrument designate an

event to be of national significance.

(2)
Where an event has been so designated under subsection (1) the Secretary of State

may grant permission for the organising body to impose additional terms and

conditions on the sale of tickets for the event, including—

(a)
the power to specify persons to act as official traders authorised to sell

tickets for the event;

(b)
the power to withdraw tickets advertised by a person who is not

authorised as an official trader; and

(c)
the power to recall unsold tickets from official traders.

(3)
Where an event has been so designated under subsection (1) it shall be an offence

for any person other than an official trader to sell tickets for the event—

(a)
in a public place or in the course of a business; and

(b)
otherwise than in accordance with written authorisation from the

organising body.

(4)
For the purposes of this section—

“ticket” means anything which is or purports to be a ticket for the designated

event;

“selling” includes a reference to—

(a)
offering to sell a ticket;

(b)
exposing a ticket for sale;

(c)
advertising that a ticket is available for purchase; and

(d)
giving, or offering to give, a ticket to a person who pays or agrees

to pay for some other goods or services.

“organising body” means a person specified by the Secretary of State as

responsible for organising of the event.

(5)
A person shall (without prejudice to the generality of subsection (3)(a)) be treated

as acting in the course of a business if he does anything as a result of which he

makes a profit or aims to make a profit.

(6)
A person does not commit an offence under subsection (3) by advertising that a

ticket is available for purchase if—

(a)
the sale of the ticket if purchased would be in the course of a business

only by reason of subsection (5); and

(b)
the person does not know, and could not reasonably be expected to

discover, that subsection (5) would apply to the sale.

Report Stage Proceedings: 13 May 2014
635

Consumer Rights Bill, continued

(7)
A person does not commit an offence under subsection (3) (whether actual or

inchoate) only by virtue of making facilities available in connection with

electronic communication or the storage of electronic data.

(8)
Where a person who provides services for electronic communication or for the

storage of electronic data discovers that they are being used in connection with

the commission of an offence under subsection (3), the defence in subsection (7)

does not apply in respect of continued provision of the services after the shortest

time reasonably required to withdraw them.

(9)
A person guilty of an offence under subsection (3) shall be liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(10)
Section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) (power to

search premises) shall, in its application to the offence under subsection (3)

above, permit the searching of a vehicle which a constable reasonably thinks was

used in connection with the offence.

(11)
Subsection (13) applies where a person in Scotland is arrested in connection with

the commission of an offence under subsection (3).

(12)
For the purposes of recovering evidence relating to the offence, a constable in

Scotland may without warrant enter and search—

(a)
premises in which the person was when arrested or immediately before

he was arrested; and

(b)
a vehicle which the constable reasonably believes is being used or was

used in connection with the offence.

(13)
Subsection (12) is without prejudice to any power of entry or search which is

otherwise exercisable by a constable in Scotland.

(14)
A statutory instrument containing an order under subsection (1) is not to be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Right to full refund: ticketed events

Philip Davies

Not called  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

Sir Gerald Howarth

Jim Fitzpatrick

Mr Andrew Turner

Negatived on division  NC13

To move the following Clause:—

Report Stage Proceedings: 13 May 2014
636

Consumer Rights Bill, continued

‘(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 served to the public.’.

Communications services: change of service provider

Philip Davies

Not called  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”.’.

Right to corrective action

Mark Durkan

Fiona O’Donnell

Mike Wood

Not called  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.

Report Stage Proceedings: 13 May 2014
637

Consumer Rights Bill, continued

(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.

(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).’.

Member’s explanatory statement

This new clause would enable new provision to be made regarding recall actions where a level of

consumer safety risk has been identified. It would allow the Secretary of State to review and add

to arrangements for corrective action for the protection of consumer safety.

Secondary ticketing platforms: product and seller information

Stella Creasy

Stephen Doughty

Mrs Sharon Hodgson

Clive Efford

Negatived on division  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—

Report Stage Proceedings: 13 May 2014
638

Consumer Rights Bill, continued

(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—

(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

Mrs Sharon Hodgson

Not called  NC17

To move the following Clause:—

Report Stage Proceedings: 13 May 2014
639

Consumer Rights Bill, continued

‘(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.’.

Secondary ticketing platforms: seller profiles

Mrs Sharon Hodgson

Mike Weatherley

Clive Efford

Kerry McCarthy

John Robertson

Ian Mearns

Nick Smith

Not called  NC18

To move the following Clause:—

‘(1)
Secondary ticketing platforms must provide a profile of information on sellers

using their service.

(2)
Profile information provided under subsection (1) must include, but is not limited

to—

(a)
the name of the seller;

(b)
the country of residence of the seller;

(c)
if the seller is a company or business, its registered number, if any;

(d)
if the seller is a company or business, its registered office or address for

service;

(e)
a list of all current and past inventory sold or offered for sale by the seller;

(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 him;

(g)
information provided by previous buyers of the reliability of the seller

and the tickets he has sold;

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

supply tickets, and the resolution of those complaints;

(i)
the VAT registration number of the seller, if applicable; and

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

fraudulent or invalidated tickets, and the resolution of those complaints.

(3)
Information provided under subsection (1) must be—

(a)
accurate; and

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

(4)
Secondary ticketing platforms must disclose clearly and prominently where the

seller of the ticket is—

Report Stage Proceedings: 13 May 2014
640

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 organisation of the event.

(5)
Where a seller offers for sale more than 20 tickets to the same event, the

secondary ticketing platform must take reasonable steps to verify the validity of

the tickets.’.

Secondary ticketing platforms: ticket information

Mrs Sharon Hodgson

Mike Weatherley

Clive Efford

Kerry McCarthy

John Robertson

Ian Mearns

Nick Smith

Not called  NC19

To move the following Clause:—

‘(1)
Where a ticket is sold through a secondary ticketing platform—

(a)
the seller must provide all relevant information about the ticket; and

(b)
the secondary ticketing platform must publish all the information about a

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

(2)
Information to be requested by the secondary ticketing platform and provided by

the seller for the purposes of subsection (1) should include, but is not limited to—

(a)
the face value of the ticket;

(b)
any age or other restrictions on the user of the ticket; and

(c)
the designated block, row, seat or ticket number, where applicable.

(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.’.



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