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[The page and line references are to HL Bill 29, the bill as first printed for the Lords.] |
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Page 3, line 12, leave out “contract for which there is no consideration” and insert |
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Page 10, line 42, leave out “Chapter” and insert “Part” |
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Page 11, line 11, at end insert “, subject to subsections (19) and (20)” |
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Page 11, line 21, at end insert— |
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“(7A) | Whether or not the consumer has a duty to return the rejected goods, the |
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trader must bear any reasonable costs of returning them, other than any |
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costs incurred by the consumer in returning the goods in person to the |
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place where the consumer took physical possession of them.” |
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Page 12, line 11, at end insert— |
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“(19) | Subsection (20) qualifies the application in relation to England and Wales |
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and Northern Ireland of the rights mentioned in subsections (1) to (3) |
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(a) | the contract is a severable contract, |
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(b) | in relation to the final right to reject, the contract is a contract for the |
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hire of goods, a hire-purchase agreement or a contract for transfer |
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(c) | section 26(3) does not apply. |
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(20) | The consumer is entitled, depending on the terms of the contract and the |
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circumstances of the case— |
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| (a) | to reject the goods to which a severable obligation relates and treat |
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| that obligation as at an end (so that the entitlement to a refund |
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| relates only to what the consumer paid or transferred in relation to |
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| (b) | to exercise any of the rights mentioned in subsections (1) to (3) in |
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| respect of the whole contract.” |
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Page 12, line 37, at end insert— |
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“(7A) | Whether or not the consumer has a duty to return the rejected goods, the |
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trader must bear any reasonable costs of returning them, other than any |
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costs incurred by the consumer in returning those goods in person to the |
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place where the consumer took physical possession of them.” |
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Page 12, line 38, leave out “(13)” and insert “(16)” |
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Page 13, line 8, at end insert— |
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“(12) | Where section 20(20)(a) applies the reference in subsection (1) to the |
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consumer treating the contract as at an end is to be read as a reference to |
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the consumer treating the severable obligation as at an end.” |
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Page 15, line 38, leave out paragraphs (a) and (b) and insert— |
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“(a) | the goods consist of a motor vehicle, or |
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(b) | the goods are of a description specified by order made by the |
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Secretary of State by statutory instrument.” |
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Page 15, line 43, leave out subsection (11) |
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Page 16, line 9, at end insert— |
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“(13) | In subsection (10)(a) “motor vehicle”— |
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(a) | in relation to Great Britain, has the same meaning as in the Road |
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Traffic Act 1988 (see sections 185 to 194 of that Act); |
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(b) | in relation to Northern Ireland, has the same meaning as in the |
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Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI 18)) |
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(see Parts I and V of that Order). |
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(14) | But a vehicle is not a motor vehicle for the purposes of subsection (10)(a) if |
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it is constructed or adapted— |
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(a) | for the use of a person suffering from some physical defect or |
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(b) | so that it may only be used by one such person at any one time. |
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(15) | An order under subsection (10)(b)— |
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(a) | may be made only if the Secretary of State is satisfied that it is |
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appropriate to do so because of significant detriment caused to |
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traders as a result of the application of subsection (10) in relation to |
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goods of the description specified by the order; |
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(b) | may contain transitional or transitory provision or savings. |
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(16) | No order may be made under subsection (10)(b) unless a draft of the |
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statutory instrument containing it has been laid before, and approved by a |
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resolution of, each House of Parliament.” |
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Insert the following new Clause— |
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“Secondary ticketing platforms |
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Secondary ticketing platforms: seller profiles and ticket information |
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(1) | Secondary ticketing operators must, on the website on which tickets are |
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offered for sale or transfer, provide information concerning the sellers of |
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tickets so that sellers may be easily identified. |
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(2) | Information provided by virtue of subsection (1) must include, but is not |
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(a) | the name of the seller; |
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(b) | if the seller is an undertaking, its registered number, jurisdiction of |
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registration, registered office address, and if registered outside the |
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United Kingdom, a valid address for service; and |
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(c) | the VAT registration number of the seller, if applicable. |
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(3) | Information provided under subsection (1) must be— |
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(b) | prominently displayed before a buyer is able to complete the |
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(4) | Secondary ticketing operators must disclose clearly and prominently |
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where the seller of a ticket is— |
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(a) | the secondary ticketing platform or a subsidiary undertaking or |
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parent undertaking of the secondary ticketing platform; |
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(b) | a person or persons employed or engaged by the secondary |
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(c) | other persons connected to employees, directors or shareholders of |
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the secondary ticketing platform, or any of its subsidiary |
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undertakings or parent undertakings; |
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(d) | the event organiser or an agent acting on its behalf; |
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(e) | any other party connected to the organisation of the event. |
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(5) | Where a ticket is offered for sale or transfer through a secondary ticketing |
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(a) | the seller must provide all relevant information about the ticket; |
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(b) | the secondary ticketing operator must publish all relevant |
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information about a ticket in a prominent and clear manner; and |
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(c) | the secondary ticket operator must immediately remove the ticket |
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from sale when it is informed by the event organiser that the |
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information provided is inaccurate or incomplete. |
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(6) | Information to be provided by the seller and published by the secondary |
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ticketing operator for the purposes of subsection (1) must include, without |
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(a) | the face value of the ticket; |
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(b) | any age or other restrictions on the user of the ticket; |
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(c) | the designated location of the ticket including the stand, the block, |
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the row and the seat number of the ticket, where applicable; and |
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(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 |
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| agreed to by the original purchaser, this must be stated prominently by the |
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| secondary ticketing platform at every stage of the purchasing process. |
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| (8) | Information provided by virtue of this section must be— |
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| (b) | prominently displayed before a buyer is able to complete the |
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| (9) | For the purposes of this section— |
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| “secondary ticketing platform” means an internet-based facility for |
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| the resale of tickets to events in the United Kingdom of Great |
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| Britain and Northern Ireland, regardless of the jurisdiction in which |
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| the owner of the service is registered; |
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| “secondary ticketing operator” means, in relation to a secondary |
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| ticketing platform, the person (whether incorporated or not) |
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| operating that secondary ticketing platform; |
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| “ticket” means anything which purports to be a ticket, including any |
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| item, tangible or intangible, which grants the holder the right to |
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| “event” means any sporting, music or cultural activity taking place at |
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| a specified time and place for which tickets are issued and required |
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| “event organiser” means the person responsible for organising and |
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| holding an event and receiving the revenue from the event; |
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| the term “undertaking” has the meanings given in section 1161 of the |
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| Companies Act 2006 (meaning of “undertaking” and related |
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| the terms “subsidiary undertaking” and “parent undertaking” have |
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| the meanings given in section 1162 of the Companies Act 2006 |
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| (parent and subsidiary undertakings); |
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| the term “person” refers to a natural person or a body corporate. |
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| (10) | This section will come into force no later than six months after this Act is |
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Page 25, line 27, at end insert— |
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“(1A) | Subsection (1)(c) does not prevent the trader from improving the features |
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of, or adding new features to, the digital content, as long as— |
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(a) | the digital content continues to match the description of it given by |
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the trader to the consumer, and |
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(b) | the digital content continues to conform to the information |
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provided by the trader as mentioned in subsection (3) of section 36, |
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subject to any change to that information that has been agreed in |
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accordance with subsection (4) of that section.” |
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Page 25, line 29, leave out “those sections as applied by subsection (1)” and insert |
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“the sections listed in subsection (1) as applied by that subsection” |
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Page 26, line 31, at end insert— |
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| “(7A) | It is not open to the consumer to treat the contract as at an end for breach |
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| of a term to which any of subsections (2), (4) or (5) applies.” |
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Page 29, line 24, after “described),” insert— |
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“(ca) | section 37 (other pre-contract information included in contract),” |
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Page 29, line 24, at end insert “or” |
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Page 29, line 25, leave out from “content)” to end of line 26 |
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Page 29, line 30, leave out “that subsection” and insert “subsection (1)” |
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Page 29, line 41, at end insert— |
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“(6) | For provision limiting the ability of a trader under a contract within section |
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46 to exclude or restrict the trader’s liability under that section, see section |
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Page 30, line 8, leave out “contract for which there is no consideration” and insert |
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Page 30, line 14, at end insert— |
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“(5A) | The power in subsection (5) includes power to provide that a provision of |
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this Chapter does not apply in relation to a service of a description |
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specified in the order in the circumstances so specified.” |
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Page 35, line 38, at end insert— |
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“(2) | References in this Part to treating a contract as at an end are to be read in |
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accordance with section 19(13).” |
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Insert the following new Clause— |
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“Contravention of code regulating premium rate services |
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(1) | In section 120(3) of the Communications Act 2003 (conditions under section |
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120 must require compliance with directions given in accordance with an |
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approved code or with an order under section 122) before paragraph (a) |
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“(za) | the provisions of an approved code;”. |
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(2) | In section 121(5) of that Act (provision about enforcement that may be |
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made by approved code) after paragraph (a) insert— |
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“(aa) | provision that applies where there is or has been more than |
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one contravention of the code or directions given in |
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accordance with it by a person and which enables— |
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(i) | a single penalty (which does not exceed that |
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maximum penalty) to be imposed on the person in |
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respect of all of those contraventions, or |
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| (ii) | separate penalties (each of which does not exceed |
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| that maximum penalty) to be imposed on the person |
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| in respect of each of those contraventions, |
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| | according to whether the person imposing the penalty |
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| determines that a single penalty or separate penalties are |
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| appropriate and proportionate to those contraventions;”. |
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| (3) | Section 123 of that Act (enforcement by OFCOM of conditions under |
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| section 120) is amended as follows. |
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| (4) | After subsection (1) insert— |
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| “(1A) | Subsection (1B) applies where a notification under section 94 as |
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| applied by this section relates to more than one contravention of— |
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| (a) | a code approved under section 121, |
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| (b) | directions given in accordance with such a code, or |
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| (c) | an order under section 122. |
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| (1B) | Section 96(3) as applied by this section enables OFCOM to |
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| (a) | a single penalty in respect of all of those contraventions, or |
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| (b) | separate penalties in respect of each of those contraventions, |
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| | according to whether OFCOM determine that a single penalty or |
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| separate penalties are appropriate and proportionate to those |
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| (5) | In subsection (2) (maximum amount of penalty) for “the penalty” substitute |
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Insert the following new Clause— |
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“Appointment of judges to the Competition Appeal Tribunal |
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(1) | In section 12(2) of the Enterprise Act 2002 (constitution of the Competition |
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Appeal Tribunal) after paragraph (a) insert— |
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“(aa) | such judges as are nominated from time to time by the Lord |
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Chief Justice of England and Wales from the High Court of |
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(ab) | such judges as are nominated from time to time by the Lord |
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President of the Court of Session from the judges of the |
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(ac) | such judges as are nominated from time to time by the Lord |
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Chief Justice of Northern Ireland from the High Court in |
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(2) | In section 14 of that Act (constitution of the Competition Appeal Tribunal |
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for particular proceedings and its decisions)— |
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(a) | in subsection (2) after “the President” insert “, a judge within any of |
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paragraphs (aa) to (ac) of section 12(2)”, and |
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(b) | in subsection (3) for “either” substitute “the judges within |
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paragraphs (aa) to (ac) of section 12(2),”. |
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(3) | In Schedule 4 (Tribunal procedure) to that Act, in paragraph 18(3)(b) |
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(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 |
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Page 43, line 28, at end insert— |
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“(4A) | Subsections (4B) and (4C) apply to a letting agent engaging in letting |
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agency or property management work in relation to dwelling-houses in |
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(4B) | If the agent holds money on behalf of persons to whom the agent provides |
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services as part of that work, the duty imposed on the agent by subsection |
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(2) or (3) includes a duty to display or publish, with the list of fees, a |
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statement of whether the agent is a member of a client money protection |
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(4C) | If the agent is required to be a member of a redress scheme for dealing with |
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complaints in connection with that work, the duty imposed on the agent by |
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subsection (2) or (3) includes a duty to display or publish, with the list of |
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(a) | that indicates that the agent is a member of a redress scheme, and |
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(b) | that gives the name of the scheme.” |
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Page 43, line 29, leave out “Secretary of State” and insert “appropriate national |
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Page 43, line 31, at end insert “or (where applicable) a statement within subsection |
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Page 43, line 32, at end insert— |
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“client money protection scheme” means a scheme which enables a |
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person on whose behalf a letting agent holds money to be |
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compensated if all or part of that money is not repaid to that person |
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in circumstances where the scheme applies; |
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“redress scheme” means a redress scheme for which provision is made |
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by order under section 83 or 84 of the Enterprise and Regulatory |
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Page 44, line 2, leave out “Secretary of State” and insert “appropriate national |
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Page 44, line 4, leave out “Secretary of State” and insert “appropriate national |
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Page 44, line 12, leave out “in England” |
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Page 44, line 13, leave out “in England” |
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Page 44, line 22, leave out “Secretary of State” and insert “appropriate national |
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