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Page 44, line 27, leave out “in England” |
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Page 44, line 29, leave out “in England” |
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Page 45, line 3, leave out “in England” |
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Insert the following new Clause— |
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(1) | It is the duty of every local weights and measures authority in England and |
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Wales to enforce the provisions of this Chapter in its area. |
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(2) | If a letting agent breaches the duty in section 81(3) (duty to publish list of |
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fees on agent’s website), that breach is taken to have occurred in each area |
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of a local weights and measures authority in England and Wales in which |
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a dwelling-house to which the fees relate is located. |
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(3) | Where a local weights and measures authority in England and Wales is |
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satisfied on the balance of probabilities that a letting agent has breached a |
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duty imposed by or under section 81, the authority may impose a financial |
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penalty on the agent in respect of that breach. |
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(4) | A local weights and measures authority in England and Wales may impose |
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a penalty under this section in respect of a breach which occurs in England |
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and Wales but outside that authority’s area (as well as in respect of a breach |
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which occurs within that area). |
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(5) | But a local weight and measures authority in England and Wales may |
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impose a penalty in respect of a breach which occurs outside its area and in |
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the area of a local weights and measures authority in Wales only if it has |
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obtained the consent of that authority. |
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(6) | Only one penalty under this section may be imposed on the same letting |
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agent in respect of the same breach. |
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(7) | The amount of a financial penalty imposed under this section— |
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(a) | may be such as the authority imposing it determines, but |
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(b) | must not exceed £5,000. |
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(8) | Schedule (Duty of letting agents to publicise fees: financial penalties) (procedure |
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for and appeals against financial penalties) has effect. |
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(9) | A local weights and measures authority in England must have regard to |
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any guidance issued by the Secretary of State about— |
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(a) | compliance by letting agents with duties imposed by or under |
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(b) | the exercise of its functions under this section or Schedule (Duty of |
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letting agents to publicise fees: financial penalties). |
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(10) | A local weights and measures authority in Wales must have regard to any |
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guidance issued by the Welsh Ministers about— |
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(a) | compliance by letting agents with duties imposed by or under |
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| | (b) | the exercise of its functions under this section or Schedule (Duty of |
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| | letting agents to publicise fees: financial penalties). |
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| | (11) | The Secretary of State may by regulations made by statutory instrument— |
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| | (a) | amend any of the provisions of this section or Schedule (Duty of |
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| | letting agents to publicise fees: financial penalties) in their application in |
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| | relation to local weights and measures authorities in England; |
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| | (b) | make consequential amendments to Schedule 5 in its application in |
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| | relation to such authorities. |
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| | (12) | The Welsh Ministers may by regulations made by statutory instrument— |
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| | (a) | amend any of the provisions of this section or Schedule (Duty of |
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| | letting agents to publicise fees: financial penalties) in their application in |
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| | relation to local weights and measures authorities in Wales; |
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| | (b) | make consequential amendments to Schedule 5 in its application in |
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| | relation to such authorities.” |
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Page 46, line 15, at end insert— |
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““the appropriate national authority” means— |
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(a) | in relation to England, the Secretary of State, and |
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(b) | in relation to Wales, the Welsh Ministers;” |
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Page 46, line 18, after “is” insert “—(i)” |
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Page 46, line 18, at end insert— |
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“(ii) | a registered social landlord, or |
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(iii) | a fully mutual housing association,” |
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Page 46, line 21, at end insert— |
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““fully mutual housing association” has the same meaning as in Part |
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1 of the Housing Associations Act 1985 (see section 1(1) and (2) of |
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Page 46, line 32, at end insert— |
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““registered social landlord” means a body registered as a social |
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landlord under Chapter 1 of Part 1 of the Housing Act 1996;” |
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Page 46, line 37, leave out “in England” |
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Page 46, line 37, at end insert— |
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“(aa) | a county borough council,” |
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Page 47, line 4, leave out subsection (6) and insert— |
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“(6) | A statutory instrument containing (whether alone or with other provision) |
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regulations made by the Secretary of State under section (Enforcement of the |
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duty)(11) is not to be made unless a draft of the instrument has been laid |
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before, and approved by a resolution of, each House of Parliament. |
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(6A) | A statutory instrument containing (whether alone or with other provision) |
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regulations made by the Welsh Ministers under section (Enforcement of the |
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| |
| | |
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| | duty)(12) is not to be made unless a draft of the instrument has been laid |
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| | before, and approved by a resolution of, the National Assembly for Wales.” |
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| | Page 47, line 9, after “regulations” insert “made by the Secretary of State” |
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| | Page 47, line 11, at end insert— |
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| | “(7A) | A statutory instrument containing regulations made by the Welsh |
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| | Ministers under this Chapter other than one to which subsection (6A) |
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| | applies is subject to annulment in pursuance of a resolution of the National |
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| | |
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Insert the following new Clause— |
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Student complaints scheme |
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Qualifying institutions for the purposes of the student complaints scheme |
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(1) | The Higher Education Act 2004 is amended as follows. |
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(2) | In section 11 (qualifying institutions for the purposes of the student |
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complaints scheme) after paragraph (d) insert— |
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“(e) | an institution (other than one within another paragraph of |
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this section) which provides higher education courses |
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which are designated for the purposes of section 22 of the |
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1998 Act by or under regulations under that section; |
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(f) | an institution (other than one within another paragraph of |
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this section) whose entitlement to grant awards is conferred |
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by an order under section 76(1) of the 1992 Act.” |
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(3) | In section 12 (qualifying complaints for the purposes of the student |
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(a) | in subsection (1) for “subsection (2)” substitute “subsections (2) and |
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(b) | after subsection (2) insert— |
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“(3) | The designated operator may determine that a complaint |
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within subsection (1) about an act or omission of a |
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qualifying institution within paragraph (e) or (f) of section |
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11 is a qualifying complaint only if it is made by a person |
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who is undertaking or has undertaken a particular course or |
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a course of a particular description.”” |
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Page 47, line 28, leave out “or revokes” and insert “, revokes or otherwise modifies” |
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Page 47, line 32, leave out “or revoke” and insert “, revoke or otherwise modify” |
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Page 48, line 4, at end insert “other than the coming into force of Chapter 3 or 3A |
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of this Part in relation to Wales. |
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| |
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| | (2) | The Welsh Ministers may by order made by statutory instrument make |
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| | transitional, transitory or saving provision in connection with the coming |
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| | into force of Chapter 3 or 3A of this Part in relation to Wales.” |
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Page 48, line 14, at end insert— |
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“(2A) | Chapter 3 of this Part extends only to England and Wales.” |
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Page 48, line 18, leave out “This Chapter comes” and insert “The provisions of this |
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Act listed in subsection (1A) come” |
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Page 48, line 18, at end insert— |
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“(1A) | Those provisions are— |
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(a) | section 48(5) to (7), |
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(b) | Chapter 3 of this Part in so far as it confer powers to make |
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(c) | section 86(5) to (9), |
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(e) | paragraph 12 of Schedule 5. |
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(1B) | Chapters 3 and 3A of this Part come into force— |
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(a) | in relation to England, on such day as the Secretary of State may |
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appoint by order made by statutory instrument; |
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(b) | in relation to Wales, on such day as the Welsh Ministers may |
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appoint by order made by statutory instrument.” |
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Page 61, line 9, leave out sub-paragraph (7) and insert— |
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“(7) | No order may be made under sub-paragraph (2) unless a draft of the |
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statutory instrument containing it has been laid before, and approved by |
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a resolution of, each House of Parliament.” |
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Page 72, line 8, at end insert— |
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“section (Enforcement of the duty)(1) of this Act.” |
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Page 73, leave out lines 8 to 11 |
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Page 80, line 14, at beginning insert “In the case of a routine inspection,” |
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Page 80, line 14, leave out “that sub-paragraph” and insert “sub-paragraph (1)” |
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Page 80, line 24, at end insert— |
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“(5A) | In this paragraph “routine inspection” means an exercise of the power in |
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sub-paragraph (1) other than where—” |
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Page 80, line 25, leave out “of entry is to be” and insert “is” |
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Page 80, line 26, leave out “and the officer” and insert “who” |
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| | Page 80, line 29, leave out “this paragraph” and insert “sub-paragraph (3)” |
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| | Page 80, line 31, leave out “this paragraph” and insert “that sub-paragraph” |
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| | Page 80, line 38, leave out “a notice is not given, and the officer” and insert “an |
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| | officer of an enforcer enters premises under sub-paragraph (1) otherwise than in |
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| | the course of a routine inspection, and” |
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| | Page 80, line 43, leave out from beginning to “finds” and insert “If an officer of an |
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| | enforcer enters premises under sub-paragraph (1) and” |
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Page 104, line 20, leave out paragraph (e) |
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Page 113, line 35, at end insert “so as to substitute a different charity for the one for |
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the time being specified in that subsection.” |
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Page 113, line 38, at end insert— |
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“(za) | “charity” means a body, or the trustees of a trust, established for |
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charitable purposes only;” |
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Page 119, line 38, at end insert— |
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“(3A) | The CMA may approve a redress scheme under subsection (2)(b) |
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subject to a condition or conditions requiring the provision of |
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further information about the operation of the scheme (including |
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about the amount or value of compensation to be offered under |
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the scheme or how this will be determined). |
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(3B) | If the CMA approves a redress scheme subject to such a |
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(a) | approve the scheme subject to other conditions; |
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(b) | withdraw approval from the scheme if any conditions |
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imposed under subsection (3A) or paragraph (a) are not |
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(c) | approve a redress scheme as a replacement for the |
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original scheme (but may not approve that scheme |
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Page 119, line 40, at end insert— |
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“(4A) | But, where the CMA approves a redress scheme subject to a |
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condition of the kind mentioned in subsection (3A), subsection |
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(4) does not prevent further information provided in accordance |
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with the condition from forming part of the terms of the scheme.” |
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Page 124, line 15, leave out “47C(6)” and insert “47C(7)” |
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Page 128, line 40, at end insert— |
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“(ba) | after sub-paragraph (2) insert— |
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“(2A) | Rules under sub-paragraph (1)(h) may provide for |
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costs or expenses to be awarded to or against a person |
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on whose behalf a claim is made or continued in |
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proceedings under section 47B of the 1998 Act in |
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respect of an application in the proceedings made by |
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| |
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| | that person (where that application is not made by the |
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| | representative in the proceedings on that person’s |
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| | |
| | Page 129, line 30, leave out “47C(7)” and insert “47C(8)” |
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Insert the following new Schedule— |
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“Duty of letting agents to publicise fees: financial penalties |
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1 (1) | Before imposing a financial penalty on a letting agent for a breach of a |
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duty imposed by or under section 81, a local weights and measures |
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authority must serve a notice on the agent of its proposal to do so (a |
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(2) | The notice of intent must be served before the end of the period of 6 |
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months beginning with the first day on which the authority has |
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sufficient evidence of the agent’s breach, subject to sub-paragraph (3). |
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(3) | If the agent is in breach of the duty on that day, and the breach continues |
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beyond the end of that day, the notice of intent may be served— |
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(a) | at any time when the breach is continuing, or |
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(b) | within the period of 6 months beginning with the last day on |
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(4) | The notice of intent must set out— |
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(a) | the amount of the proposed financial penalty, |
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(b) | the reasons for proposing to impose the penalty, and |
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(c) | information about the right to make representations under |
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Right to make representations |
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2 | The letting agent may, within the period of 28 days beginning with the |
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day after that on which the notice of intent was sent, make written |
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representations to the local weights and measures authority about the |
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proposal to impose a financial penalty on the agent. |
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3 (1) | After the end of the period mentioned in paragraph 2 the local weights |
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and measures authority must— |
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(a) | decide whether to impose a financial penalty on the letting agent, |
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(b) | if it decides to do so, decide the amount of the penalty. |
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(2) | If the authority decides to impose a financial penalty on the agent, it |
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must serve a notice on the agent (a “final notice”) imposing that penalty. |
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(3) | The final notice must require the penalty to be paid within the period of |
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28 days beginning with the day after that on which the notice was sent. |
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(4) | The final notice must set out— |
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| |
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| | (a) | the amount of the financial penalty, |
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| | (b) | the reasons for imposing the penalty, |
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| | (c) | information about how to pay the penalty, |
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| | (d) | the period for payment of the penalty, |
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| | (e) | information about rights of appeal, and |
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| | (f) | the consequences of failure to comply with the notice. |
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| | Withdrawal or amendment of notice |
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| | 4 (1) | A local weights and measures authority may at any time— |
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| | (a) | withdraw a notice of intent or final notice, or |
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| | (b) | reduce the amount specified in a notice of intent or final notice. |
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| | (2) | The power in sub-paragraph (1) is to be exercised by giving notice in |
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| | writing to the letting agent on whom the notice was served. |
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| | |
| | 5 (1) | A letting agent on whom a final notice is served may appeal against that |
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| | |
| | (a) | the First-tier Tribunal, in the case of a notice served by a local |
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| | weights and measures authority in England, or |
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| | (b) | the residential property tribunal, in the case of a notice served by |
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| | a local weights and measures authority in Wales. |
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| | (2) | The grounds for an appeal under this paragraph are that— |
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| | (a) | the decision to impose a financial penalty was based on an error |
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| | |
| | (b) | the decision was wrong in law, |
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| | (c) | the amount of the financial penalty is unreasonable, or |
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| | (d) | the decision was unreasonable for any other reason. |
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| | (3) | An appeal under this paragraph to the residential property tribunal |
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| | must be brought within the period of 28 days beginning with the day |
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| | after that on which the final notice was sent. |
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| | (4) | If a letting agent appeals under this paragraph, the final notice is |
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| | suspended until the appeal is finally determined or withdrawn. |
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| | (5) | On an appeal under this paragraph the First-tier Tribunal or (as the case |
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| | may be) the residential property tribunal may quash, confirm or vary the |
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| | |
| | (6) | The final notice may not be varied under sub-paragraph (5) so as to make |
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| | it impose a financial penalty of more than £5,000. |
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| | Recovery of financial penalty |
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| | 6 (1) | This paragraph applies if a letting agent does not pay the whole or any |
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| | part of a financial penalty which, in accordance with this Schedule, the |
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| | |
| | (2) | The local weights and measures authority which imposed the financial |
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| | penalty may recover the penalty or part on the order of the county court |
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| | as if it were payable under an order of that court. |
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