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Lords Amendments to the Consumer Rights Bill


 
 

 

LORDS amendments to the

Consumer Rights Bill

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

Clause 3

Page 3, line 12, leave out “contract for which there is no consideration” and insert

“gratuitous contract”

Clause 19

Page 10, line 42, leave out “Chapter” and insert “Part”

Clause 20

Page 11, line 11, at end insert “, subject to subsections (19) and (20)”

Page 11, line 21, at end insert—

“(7A)    

Whether or not the consumer has a duty to return the rejected goods, the

trader must bear any reasonable costs of returning them, other than any

costs incurred by the consumer in returning the goods in person to the

place where the consumer took physical possession of them.”

Page 12, line 11, at end insert—

“(19)    

Subsection (20) qualifies the application in relation to England and Wales

and Northern Ireland of the rights mentioned in subsections (1) to (3)

where—

(a)    

the contract is a severable contract,

(b)    

in relation to the final right to reject, the contract is a contract for the

hire of goods, a hire-purchase agreement or a contract for transfer

of goods, and

(c)    

section 26(3) does not apply.

(20)    

The consumer is entitled, depending on the terms of the contract and the

circumstances of the case—

 
Bill 13455/4

 
 

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(a)    

to reject the goods to which a severable obligation relates and treat

 

that obligation as at an end (so that the entitlement to a refund

 

relates only to what the consumer paid or transferred in relation to

 

that obligation), or

 

(b)    

to exercise any of the rights mentioned in subsections (1) to (3) in

 

respect of the whole contract.”

Clause 21

Page 12, line 37, at end insert—

“(7A)    

Whether or not the consumer has a duty to return the rejected goods, the

trader must bear any reasonable costs of returning them, other than any

costs incurred by the consumer in returning those goods in person to the

place where the consumer took physical possession of them.”

Page 12, line 38, leave out “(13)” and insert “(16)”

Page 13, line 8, at end insert—

“(12)    

Where section 20(20)(a) applies the reference in subsection (1) to the

consumer treating the contract as at an end is to be read as a reference to

the consumer treating the severable obligation as at an end.”

Clause 24

Page 15, line 38, leave out paragraphs (a) and (b) and insert—

“(a)    

the goods consist of a motor vehicle, or

(b)    

the goods are of a description specified by order made by the

Secretary of State by statutory instrument.”

Page 15, line 43, leave out subsection (11)

Page 16, line 9, at end insert—

“(13)    

In subsection (10)(a) “motor vehicle”—

(a)    

in relation to Great Britain, has the same meaning as in the Road

Traffic Act 1988 (see sections 185 to 194 of that Act);

(b)    

in relation to Northern Ireland, has the same meaning as in the

Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI 18))

(see Parts I and V of that Order).

(14)    

But a vehicle is not a motor vehicle for the purposes of subsection (10)(a) if

it is constructed or adapted—

(a)    

for the use of a person suffering from some physical defect or

disability, and

(b)    

so that it may only be used by one such person at any one time.

(15)    

An order under subsection (10)(b)—

(a)    

may be made only if the Secretary of State is satisfied that it is

appropriate to do so because of significant detriment caused to

traders as a result of the application of subsection (10) in relation to

goods of the description specified by the order;

(b)    

may contain transitional or transitory provision or savings.

(16)    

No order may be made under subsection (10)(b) unless a draft of the

statutory instrument containing it has been laid before, and approved by a

resolution of, each House of Parliament.”


 
 

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After Clause 32

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.


 
 

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(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.”

Clause 40

Page 25, line 27, at end insert—

“(1A)    

Subsection (1)(c) does not prevent the trader from improving the features

of, or adding new features to, the digital content, as long as—

(a)    

the digital content continues to match the description of it given by

the trader to the consumer, and

(b)    

the digital content continues to conform to the information

provided by the trader as mentioned in subsection (3) of section 36,

subject to any change to that information that has been agreed in

accordance with subsection (4) of that section.”

Page 25, line 29, leave out “those sections as applied by subsection (1)” and insert

“the sections listed in subsection (1) as applied by that subsection”

Clause 42

Page 26, line 31, at end insert—


 
 

5

 
 

“(7A)    

It is not open to the consumer to treat the contract as at an end for breach

 

of a term to which any of subsections (2), (4) or (5) applies.”

Clause 47

Page 29, line 24, after “described),” insert—

“(ca)    

section 37 (other pre-contract information included in contract),”

Page 29, line 24, at end insert “or”

Page 29, line 25, leave out from “content)” to end of line 26

Page 29, line 30, leave out “that subsection” and insert “subsection (1)”

Page 29, line 41, at end insert—

“(6)    

For provision limiting the ability of a trader under a contract within section

46 to exclude or restrict the trader’s liability under that section, see section

62.”

Clause 48

Page 30, line 8, leave out “contract for which there is no consideration” and insert

“gratuitous contract”

Page 30, line 14, at end insert—

“(5A)    

The power in subsection (5) includes power to provide that a provision of

this Chapter does not apply in relation to a service of a description

specified in the order in the circumstances so specified.”

Clause 59

Page 35, line 38, at end insert—

“(2)    

References in this Part to treating a contract as at an end are to be read in

accordance with section 19(13).”

After Clause 79

Insert the following new Clause—

“Contravention of code regulating premium rate services

(1)    

In section 120(3) of the Communications Act 2003 (conditions under section

120 must require compliance with directions given in accordance with an

approved code or with an order under section 122) before paragraph (a)

insert—

“(za)    

the provisions of an approved code;”.

(2)    

In section 121(5) of that Act (provision about enforcement that may be

made by approved code) after paragraph (a) insert—

“(aa)    

provision that applies where there is or has been more than

one contravention of the code or directions given in

accordance with it by a person and which enables—

(i)    

a single penalty (which does not exceed that

maximum penalty) to be imposed on the person in

respect of all of those contraventions, or


 
 

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(ii)    

separate penalties (each of which does not exceed

 

that maximum penalty) to be imposed on the person

 

in respect of each of those contraventions,

 

    

according to whether the person imposing the penalty

 

determines that a single penalty or separate penalties are

 

appropriate and proportionate to those contraventions;”.

 

(3)    

Section 123 of that Act (enforcement by OFCOM of conditions under

 

section 120) is amended as follows.

 

(4)    

After subsection (1) insert—

 

“(1A)    

Subsection (1B) applies where a notification under section 94 as

 

applied by this section relates to more than one contravention of—

 

(a)    

a code approved under section 121,

 

(b)    

directions given in accordance with such a code, or

 

(c)    

an order under section 122.

 

(1B)    

Section 96(3) as applied by this section enables OFCOM to

 

impose—

 

(a)    

a single penalty in respect of all of those contraventions, or

 

(b)    

separate penalties in respect of each of those contraventions,

 

    

according to whether OFCOM determine that a single penalty or

 

separate penalties are appropriate and proportionate to those

 

contraventions.”

 

(5)    

In subsection (2) (maximum amount of penalty) for “the penalty” substitute

 

“each penalty”.”

After Clause 80

Insert the following new Clause—

“Appointment of judges to the Competition Appeal Tribunal

(1)    

In section 12(2) of the Enterprise Act 2002 (constitution of the Competition

Appeal Tribunal) after paragraph (a) insert—

“(aa)    

such judges as are nominated from time to time by the Lord

Chief Justice of England and Wales from the High Court of

England and Wales;

(ab)    

such judges as are nominated from time to time by the Lord

President of the Court of Session from the judges of the

Court of Session;

(ac)    

such judges as are nominated from time to time by the Lord

Chief Justice of Northern Ireland from the High Court in

Northern Ireland;”.

(2)    

In section 14 of that Act (constitution of the Competition Appeal Tribunal

for particular proceedings and its decisions)—

(a)    

in subsection (2) after “the President” insert “, a judge within any of

paragraphs (aa) to (ac) of section 12(2)”, and

(b)    

in subsection (3) for “either” substitute “the judges within

paragraphs (aa) to (ac) of section 12(2),”.

(3)    

In Schedule 4 (Tribunal procedure) to that Act, in paragraph 18(3)(b)

(consequences of member of Tribunal being unable to continue) after “if


 
 

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that person is not” insert “a judge within any of paragraphs (aa) to (ac) of

 

section 12(2) or”.”

Clause 81

Page 43, line 28, at end insert—

“(4A)    

Subsections (4B) and (4C) apply to a letting agent engaging in letting

agency or property management work in relation to dwelling-houses in

England.

(4B)    

If the agent holds money on behalf of persons to whom the agent provides

services as part of that work, the duty imposed on the agent by subsection

(2) or (3) includes a duty to display or publish, with the list of fees, a

statement of whether the agent is a member of a client money protection

scheme.

(4C)    

If the agent is required to be a member of a redress scheme for dealing with

complaints in connection with that work, the duty imposed on the agent by

subsection (2) or (3) includes a duty to display or publish, with the list of

fees, a statement—

(a)    

that indicates that the agent is a member of a redress scheme, and

(b)    

that gives the name of the scheme.”

Page 43, line 29, leave out “Secretary of State” and insert “appropriate national

authority”

Page 43, line 31, at end insert “or (where applicable) a statement within subsection

(4B) or (4C)”

Page 43, line 32, at end insert—

“(6)    

In this section—

“client money protection scheme” means a scheme which enables a

person on whose behalf a letting agent holds money to be

compensated if all or part of that money is not repaid to that person

in circumstances where the scheme applies;

“redress scheme” means a redress scheme for which provision is made

by order under section 83 or 84 of the Enterprise and Regulatory

Reform Act 2013.”

Clause 82

Page 44, line 2, leave out “Secretary of State” and insert “appropriate national

authority”

Page 44, line 4, leave out “Secretary of State” and insert “appropriate national

authority”

Clause 83

Page 44, line 12, leave out “in England”

Page 44, line 13, leave out “in England”

Page 44, line 22, leave out “Secretary of State” and insert “appropriate national

authority”


 
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