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| Schedule 2, page 51, line 18, at end insert— |
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| | “3A | A term that directly causes financial detriment to the consumer such that it can |
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| | reasonably be seen to alter the capacity of the consumer to pay the costs of the |
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| | contract, where the contract is for a financial service.” |
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| Schedule 2, page 53, line 2, at end insert— |
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| | “20A | A term which either— |
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| | (a) | requires or encourages a consumer to contract third party services |
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| | without informing them of their right to seek independent advice; or |
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| | (b) | seeks to limit a consumer’s access to independent advice regarding |
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| | third party contracts where there is a potential conflict of interest for |
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| | the third party involved.” |
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| Schedule 2, page 53, line 2, at the end insert— |
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| | “20A | A term which has the object or effect of permitting a trader to block, restrict or |
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| | otherwise hinder the access of a consumer to any lawful electronic |
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| | communications network or electronic communications service on the basis of |
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| | an unreasonable or unusual definition of “internet access”, “data”, “web |
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5 | | access” or similar word or phrase.
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| | Nothing in this prohibition shall affect filters for the purpose of child |
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| | Electronic communications network or electronic communication service shall |
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| | have the same meaning as in the Communications Act 2003.” |
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| | As an Amendment to Philip Davies’ proposed Amendment (No. 19):— |
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| Line 1, after “trader”, insert “engaged in the provision of fixed broadband |
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| internet access or mobile internet services.” |
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| Schedule 5, page 67, line 45, after “13(1)” insert “or (1A)” |
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| | Member’s explanatory statement
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| | This amendment and amendment 22 reflect the establishment of the Competition and Markets |
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| | Authority, in place of the Office of Fair Trading, which now has a power to enforce these particular |
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| Schedule 5, page 67, line 47, after “19(1)” insert “or (1A)” |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 21 also applies to this amendment |
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| Schedule 5, page 68, line 11, at end insert— |
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| | Section 35ZA of the Registered |
| | | | measures authority in Great |
| | | | | Britain or the Department of |
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| | Member’s explanatory statement
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| | This amendment inserts a reference to section 35ZA of the Registered Designs Act 1949 into the |
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| | table in paragraph 11 of Schedule 5 so that it falls within the enforcer’s legislation within the |
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| | meaning of paragraph 9(1)(b) of the same Schedule. It also lists the relevant domestic enforcers |
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| Schedule 5, page 68, line 41, at end insert— |
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| “A local weights and measures |
| Sections (Duty of letting agents to |
| | | | authority in England or a district |
| publicise fees), (Letting agents to |
| | | | | which the duty applies), (Fees to |
| | | | | which the duty applies), (Letting |
| | | | | | | | | | management work), (Enforcement of |
| | | | | the duty) and (Supplementary |
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| | Member’s explanatory statement
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| | This amendment ensures that the investigatory powers in Schedule 5 to the Bill are available for |
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| | investigating a breach of the duty to publicise fees |
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| Schedule 5, page 73, line 15, after “to” insert “—(a)” |
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| | Member’s explanatory statement
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| | This amendment and amendment 25 maintain the ability of enforcers to request information from |
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| | the Crown when acting for the enforcement of the Consumer Protection from Unfair Trading |
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| Schedule 5, page 73, line 16, after “(3),” insert “or |
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| | (b) | an enforcer acting for the purpose of ascertaining whether there has |
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| | been a breach of the Consumer Protection from Unfair Trading |
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| | Regulations 2008 (SI 2008/1277),” |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 24 also applies to this amendment |
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| Schedule 5, page 75, line 39, leave out sub-paragraphs (3) to (9) |
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| Schedule 5, page 76, line 38, leave out sub-paragraph (11) |
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| Schedule 5, page 88, line 14, at end insert— |
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| | “(za) | under section 35ZC of the Registered Designs Act 1949,” |
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| | Member’s explanatory statement
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| | This amendment inserts a reference to section 35ZC of the Registered Designs Act 1949 into |
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| | paragraph 45(2) of Schedule 5 to ensure the power of forfeiture under that Act can be exercised |
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| | by area enforcers when operating across local authority boundaries |
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| Schedule 5, page 88, line 15, leave out “or” and insert— |
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| | “(a) | under section 97 of the Trade Marks Act 1994 (including as applied by |
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| | section 11 of the Olympic Symbol etc (Protection) Act 1995), or” |
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| | Member’s explanatory statement
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| | This amendment inserts a reference to section 97 of the Trade Marks Act 1994 (including as |
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| | applied to section 11 of the Olympic Symbol etc (Protection) Act 1995) into paragraph 45(2) of |
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| | Schedule 5 to ensure the power of forfeiture under that Act can be exercised by area enforcers |
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| | when operating across local authority boundaries |
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| Schedule 6, page 89, line 27, at end insert— |
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| | “Registered Designs Act 1949 (c. 88) |
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| | A1 (1) | Section 35ZB of the Registered Designs Act 1949 (enforcement) is amended |
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| | (3) | Before subsection (2) insert— |
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| | “(1A) | For the investigatory powers available to a local weights and measures |
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| | authority or the Department of Enterprise, Trade and Investment in |
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| | Northern Ireland for the purposes of the enforcement of section 35ZA, |
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| | see Schedule 5 to the Consumer Rights Act 2014.”” |
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| | Member’s explanatory statement
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| | This amendment makes a consequential amendment to section 35ZB of the Registered Designs Act |
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| | 1948 in Schedule 6 by replacing reference to the investigatory powers contained in the Trade |
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| | Descriptions Act 1968, which are being repealed by the Consumer Rights Bill, with those |
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| | contained in Schedule 5 to the Bill |
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| Schedule 6, page 98, line 33, leave out “local weights and measures authority” and |
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| | Member’s explanatory statement
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| | This amendment modifies the consequential amendment to the Fireworks Act 2003 in Schedule 6 |
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| | by replacing the words “local weights and measures authority” with “person” so that it is |
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| | consistent with the consequential amendment to the Consumer Protection Act 1987 also in this |
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| REMAINING NEW CLAUSES AND NEW SCHEDULES |
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| To move the following Clause— |
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| | “Safety of medical processes or treatments |
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| | (1) | This section applies when a new medical process or treatment must be authorised |
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| | by an order or regulation. |
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| | (2) | The Secretary of State must not lay before either House of Parliament an order or |
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| | regulation until the apparent safety of the medical process or treatment referred |
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| | to in subsection (1) has been confirmed by preclinical research— |
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| | (a) | which has been completed; and |
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| | (b) | where the results have been peer reviewed and published in a scientific |
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| | or academic journal (whether published in electronic form or otherwise); |
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| | (c) | where the results have been placed in the public domain. |
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| | (3) | In this section, “preclinical research” means research that is necessary and |
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| | sufficient for clinical trials to proceed. |
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| | (4) | This section applies to but is not limited to regulations made under the Human |
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| | Fertilisation and Embryology Act 1990.” |
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| | Bill read the third time, and passed. |
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