Consumer Rights Bill

Commons Disagreement and Reason

[The page and line references are to HL Bill 29, the bill as first printed for the Lords.]

After Clause 32


12

Insert the following new Clause—

“Secondary ticketing platforms

Secondary ticketing platforms: seller profiles and ticket information

(1)     Secondary ticketing operators must, on the website on which tickets are
offered for sale or transfer, provide information concerning the sellers of
tickets so that sellers may be easily identified.

(2)     Information provided by virtue of subsection (1) must include, but is not
limited to—

(a)   the name of the seller;

(b)   if the seller is an undertaking, its registered number, jurisdiction of
registration, registered office address, and if registered outside the
United Kingdom, a valid address for service; and

(c)   the VAT registration number of the seller, if applicable.

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

(a)   accurate; and

(b)   prominently displayed before a buyer is able to complete the
purchase of the ticket.

(4)     Secondary ticketing operators must disclose clearly and prominently
where the seller of a ticket is—

(a)   the secondary ticketing platform or a subsidiary undertaking or
parent undertaking of the secondary ticketing platform;

(b)   a person or persons employed or engaged by the secondary
ticketing platform;

(c)   other persons connected to employees, directors or shareholders of
the secondary ticketing platform, or any of its subsidiary
undertakings or parent undertakings;

(d)   the event organiser or an agent acting on its behalf;

(e)   any other party connected to the organisation of the event.

(5)     Where a ticket is offered for sale or transfer through a secondary ticketing
platform—

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

(b)   the secondary ticketing operator must publish all relevant
information about a ticket in a prominent and clear manner; and

(c)   the secondary ticket operator must immediately remove the ticket
from sale when it is informed by the event organiser that the
information provided is inaccurate or incomplete.

(6)     Information to be provided by the seller and published by the secondary
ticketing operator for the purposes of subsection (1) must include, without
limitation—

(a)   the face value of the ticket;

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

(c)   the designated location of the ticket including the stand, the block,
the row and the seat number of the ticket, where applicable; and

(d)   the ticket booking identification or reference number.

(7)     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.

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

(a)   accurate; and

(b)   prominently displayed before a buyer is able to complete the
purchase of that ticket.

(9)     For the purposes of this section—

“secondary ticketing platform” means an internet-based facility for
the resale of tickets to events in the United Kingdom of Great
Britain and Northern Ireland, regardless of the jurisdiction in which
the owner of the service is registered;

“secondary ticketing operator” means, in relation to a secondary
ticketing platform, the person (whether incorporated or not)
operating that secondary ticketing platform;

“ticket” means anything which purports to be a ticket, including any
item, tangible or intangible, which grants the holder the right to
entry to an event;

“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;

“event organiser” means the person responsible for organising and
holding an event and receiving the revenue from the event;

the term “undertaking” has the meanings given in section 1161 of the
Companies Act 2006 (meaning of “undertaking” and related
expressions);

the terms “subsidiary undertaking” and “parent undertaking” have
the meanings given in section 1162 of the Companies Act 2006
(parent and subsidiary undertakings);

the term “person” refers to a natural person or a body corporate.

(10)     This section will come into force no later than six months after this Act is
passed.”


COMMONS DISAGREEMENT AND REASON


The Commons disagree to Lords Amendment No. 12 for the following reason—


12A

Because it would be inappropriate to require the provision of information relating to all
categories of sellers when a ticket is resold, and because the amendment raises issues of
compatibility with existing European Union law.

Prepared 14th January 2015