Consumer Rights Bill

House of Commons

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consumer Rights Bill

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but this is subject to regulations under subsection (2);

“organiser”, in relation to an event, means a person who—

(a)
is responsible for organising or managing the event, or

(b)
receives some or all of the revenue from the event;

“parent undertaking” has the meaning given by section 1162 of the

Companies Act 2006;

“secondary ticketing facility” means an internet-based facility for the

re-sale of tickets for recreational, sporting or cultural events;

“subsidiary undertaking” has the meaning given by section 1162 of

the Companies Act 2006;

“undertaking” has the meaning given by section 1162 of the

Companies Act 2006.

(2)
The Secretary of State may by regulations provide that a person of a

description specified in the regulations is or is not to be treated for the

purposes of this Chapter as an operator in relation to a secondary ticketing

facility.

(3)
Regulations under subsection (2)—

(a)
are to be made by statutory instrument;

(b)
may make different provision for different purposes;

(c)
may include incidental, supplementary, consequential, transitional,

transitory or saving provision.

(4)
A statutory instrument containing regulations under subsection (2) is not

to be made unless a draft of the instrument has been laid before, and

approved by a resolution of, each House of Parliament.”
Clause 91
12Q
Page 48, line 18, at end insert—

“(1C)
Chapter 3B of this Part comes into force at the end of the period of two

months beginning with the day on which this Act is passed.”
Schedule 5
12R
Page 72, line 8, at end insert—

“section (Enforcement of this Chapter)(1) or (2) of this Act.”
After Schedule 8
12S
Insert the following new Schedule—

“Secondary ticketing: financial penalties

Notice of intent

1    (1)
Before imposing a financial penalty on a person for a breach of a duty or

prohibition imposed by Chapter 3B of Part 3, an enforcement authority

must serve a notice on the person of its proposal to do so (a “notice of

intent”).

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      (2)
The notice of intent must be served before the end of the period of 6

months beginning with the first day on which the authority has

sufficient evidence of the person’s breach, subject to sub-paragraph (3).

      (3)
If the person is in breach of the duty or prohibition on that day, and the

breach continues beyond the end of that day, the notice of intent may be

served—

(a)
at any time when the breach is continuing, or

(b)
within the period of 6 months beginning with the last day on

which the breach occurs.

      (4)
The notice of intent must set out—

(a)
the amount of the proposed financial penalty,

(b)
the reasons for proposing to impose the penalty, and

(c)
information about the right to make representations under

paragraph 2.

Right to make representations

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A person on whom a notice of intent is served may, within the period of

28 days beginning with the day after that on which the notice was sent,

make written representations to the enforcement authority about the

proposal to impose a financial penalty on the person.

Final notice

3    (1)
After the end of the period mentioned in paragraph 2 the enforcement

authority must—

(a)
decide whether to impose a financial penalty on the person, and

(b)
if it decides to do so, decide the amount of the penalty.

      (2)
If the authority decides to impose a financial penalty on the person, it

must serve a notice on the person (a “final notice”) imposing that

penalty.

      (3)
The final notice must require the penalty to be paid within the period of

28 days beginning with the day after that on which the notice was sent.

      (4)
The final notice must set out—

(a)
the amount of the financial penalty,

(b)
the reasons for imposing the penalty,

(c)
information about how to pay the penalty,

(d)
the period for payment of the penalty,

(e)
information about rights of appeal, and

(f)
the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

4    (1)
The enforcement authority may at any time—

(a)
withdraw a notice of intent or final notice, or

(b)
reduce the amount specified in a notice of intent or final notice.

      (2)
The power in sub-paragraph (1) is to be exercised by giving notice in

writing to the person on whom the notice was served.

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Appeals

5    (1)
A person on whom a final notice is served may appeal against that

notice—

(a)
in England and Wales and Scotland, to the First-tier Tribunal;

(b)
in Northern Ireland, to a county court.

      (2)
The grounds for an appeal under this paragraph are that—

(a)
the decision to impose a financial penalty was based on an error

of fact,

(b)
the decision was wrong in law,

(c)
the amount of the financial penalty is unreasonable, or

(d)
the decision was unreasonable for any other reason.

      (3)
If a person appeals under this paragraph, the final notice is suspended

until the appeal is finally determined or withdrawn.

      (4)
On an appeal under this paragraph the First-tier Tribunal or the court

may quash, confirm or vary the final notice.

      (5)
The final notice may not be varied under sub-paragraph (4) so as to make

it impose a financial penalty of more than £5,000.

Recovery of financial penalty

6    (1)
This paragraph applies if a person does not pay the whole or any part of

a financial penalty which, in accordance with this Schedule, the person

is liable to pay.

      (2)
In England and Wales the local weights and measures authority which

imposed the financial penalty may recover the penalty or part on the

order of the county court as if it were payable under an order of that

court.

      (3)
In Scotland the penalty may be enforced in the same manner as an

extract registered decree arbitral bearing a warrant for execution issued

by the sheriff court of any sheriffdom in Scotland.

      (4)
In Northern Ireland the Department of Enterprise, Trade and Investment

may recover the penalty or part on the order of a county court as if it

were payable under an order of that court.

      (5)
In proceedings before the court for the recovery of a financial penalty or

part of a financial penalty, a certificate which is—

(a)
signed by the chief finance officer of the local weights and

measures authority which imposed the penalty or (as the case

may be) issued by the Department of Enterprise, Trade and

Investment, and

(b)
states that the amount due has not been received by a date

specified in the certificate,


is conclusive evidence of that fact.

      (6)
A certificate to that effect and purporting to be so signed or issued is to

be treated as being so signed or issued unless the contrary is proved.

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      (7)
A local weights and measures authority may use the proceeds of a

financial penalty for the purposes of any of its functions (whether or not

the function is expressed to be a function of a local weights and measures

authority).

      (8)
In this paragraph “chief finance officer” has the same meaning as in

section 5 of the Local Government and Housing Act 1989.”

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