House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 16 June 2014
8

Consumer Rights Bill, continued

Stella Creasy

Stephen Doughty

Not called  3

Schedule  2,  page  51,  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

Not called  4

Schedule  2,  page  53,  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

Not called  19

Schedule  2,  page  53,  line  2,  at the end insert—

“20A
A term which has the object or effect of permitting a trader to 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
5
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.”

As an Amendment to Philip Davies’ proposed Amendment (No. 19):—

Helen Goodman

Stella Creasy

Not called  (a)

Line  1,  after “trader”, insert “engaged in the provision of fixed broadband

internet access or mobile internet services.”

Secretary Vince Cable

Agreed to  21

Schedule  5,  page  67,  line  45,  after “13(1)” insert “or (1A)”

Member’s explanatory statement

This amendment and amendment 22 reflect the establishment of the Competition and Markets

Authority, in place of the Office of Fair Trading, which now has a power to enforce these particular

regulations

Report Stage Proceedings: 16 June 2014
9

Consumer Rights Bill, continued

Secretary Vince Cable

Agreed to  22

Schedule  5,  page  67,  line  47,  after “19(1)” insert “or (1A)”

Member’s explanatory statement

The explanatory statement for amendment 21 also applies to this amendment

Secretary Vince Cable

Agreed to  16

Schedule  5,  page  68,  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

Agreed to  23

Schedule  5,  page  68,  line  41,  at end insert—

“A local weights and measures
Sections (Duty of letting agents to

authority in England or a district
publicise fees), (Letting agents to

council in England
which the duty applies), (Fees to

which the duty applies), (Letting

agency work and property

management work), (Enforcement of

the duty) and (Supplementary

provisions) of this Act”

Member’s explanatory statement

This amendment ensures that the investigatory powers in Schedule 5 to the Bill are available for

investigating a breach of the duty to publicise fees

Secretary Vince Cable

Agreed to  24

Schedule  5,  page  73,  line  15,  after “to” insert “—(a)”

Member’s explanatory statement

This amendment and amendment 25 maintain the ability of enforcers to request information from

the Crown when acting for the enforcement of the Consumer Protection from Unfair Trading

Regulations 2008

Secretary Vince Cable

Agreed to  25

Schedule  5,  page  73,  line  16,  after “(3),” insert “or

Report Stage Proceedings: 16 June 2014
10

Consumer Rights Bill, continued

(b)
an enforcer acting for the purpose of ascertaining whether there has

been a breach of the Consumer Protection from Unfair Trading

Regulations 2008 (SI 2008/1277),”

Member’s explanatory statement

The explanatory statement for amendment 24 also applies to this amendment

Stella Creasy

Stephen Doughty

Not called  7

Schedule  5,  page  75,  line  39,  leave out sub-paragraphs (3) to (9)

Stella Creasy

Stephen Doughty

Not called  8

Schedule  5,  page  76,  line  38,  leave out sub-paragraph (11)

Secretary Vince Cable

Agreed to  26

Schedule  5,  page  88,  line  14,  at end insert—

“(za)
under section 35ZC of the Registered Designs Act 1949,”

Member’s explanatory statement

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

paragraph 45(2) of Schedule 5 to ensure the power of forfeiture under that Act can be exercised

by area enforcers when operating across local authority boundaries

Secretary Vince Cable

Agreed to  27

Schedule  5,  page  88,  line  15,  leave out “or” and insert—

“(a)
under section 97 of the Trade Marks Act 1994 (including as applied by

section 11 of the Olympic Symbol etc (Protection) Act 1995), or”

Member’s explanatory statement

This amendment inserts a reference to section 97 of the Trade Marks Act 1994 (including as

applied to section 11 of the Olympic Symbol etc (Protection) Act 1995) into paragraph 45(2) of

Schedule 5 to ensure the power of forfeiture under that Act can be exercised by area enforcers

when operating across local authority boundaries

Secretary Vince Cable

Agreed to  17

Schedule  6,  page  89,  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.””

Report Stage Proceedings: 16 June 2014
11

Consumer Rights Bill, continued

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

Agreed to  18

Schedule  6,  page  98,  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

REMAINING NEW CLAUSES AND NEW SCHEDULES

Fiona Bruce

Jim Dobbin

Not called  NC31

To move the following Clause—

“Safety of medical processes or treatments

(1)
This section applies when a new medical process or treatment must be authorised

by an order or regulation.

(2)
The Secretary of State must not lay before either House of Parliament an order or

regulation until the apparent safety of the medical process or treatment referred

to in subsection (1) has been confirmed by preclinical research—

(a)
which has been completed; and

(b)
where the results have been peer reviewed and published in a scientific

or academic journal (whether published in electronic form or otherwise);

and

(c)
where the results have been placed in the public domain.

(3)
In this section, “preclinical research” means research that is necessary and

sufficient for clinical trials to proceed.

(4)
This section applies to but is not limited to regulations made under the Human

Fertilisation and Embryology Act 1990.”

Bill read the third time, and passed.



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