Consumer Rights Bill

Page 2, line 12, at end insert—

“( )     Businesses with fewer than ten employees and which are purchasing goods
or services for use within their commercial activities will be considered
consumers.”

Page 2, line 28, at end insert “and data which are produced and supplied in digital
form”

Page 3, line 1, at end insert—

“( )   a financial services contract which contains a bill of sale agreement
regarding the ownership of goods”

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

Insert the following new Clause—

“Consumer credit: bill of sale

(1)     Where a person is a purchaser of goods subject to a bill of sale, made in
connection with a regulated agreement under the Consumer Credit Act
1974, in good faith and without notice of the bill of sale, title to those goods
shall pass to that person.

(2)     A creditor is not entitled to enforce a bill of sale made in connection with a
regulated agreement by recovering possession of the goods except through
an order of the court.

(3)     If goods are recovered by the creditor in contravention of subsection (2)—

(a)   the bill of sale will be treated as invalidly made; and

(b)   the debtor shall be released from any outstanding liability under
the regulated agreement.

(4)     If the creditor has disposed of goods taken in contravention of subsection
(2) the debtor shall be compensated to the value of those goods.”

Page 5, line 28, after “goods” insert “, or any claim made as to the outcome the
goods will achieve,”

Page 6, line 24, at end insert—

“( )     Where a trader is selling goods that have restrictions on who can purchase
them, public communications about those goods, including promotional
material and any promotional activities, shall be required to reflect these
restrictions.”

Page 6, line 24, at end insert—

“( )     The trader is required to provide full details of the total cost of the goods
prior to sale, including any additional service fees or charges that could be
incurred by the buyer in purchasing the goods, and to portray this
information in all public communication.”

Page 6, line 36, at end insert—

“( )     Prior to exchange of the goods or agreeing the contract, whichever happens
first, the trader will explicitly provide the consumer with relevant details
of their statutory rights under sections 20, 23 and 24.”

Page 8, line 20, at end insert—

“( )     Prior to sale the trader must disclose any—

(a)   outstanding claims to the goods, or

(b)   legal charges against the goods,

which are the subject of the contract, and which may—

(i)   affect the consumer’s future enjoyment or use of the goods,
or

(ii)   cause financial detriment to the consumer.”

Page 10, line 6, at end insert—

“(4A)    Where the installation of goods leads to a risk to the consumer, as set out in
the Housing Act 2004, the consumer retains a right to a full refund of the
cost of the contract and any additional fees associated with the installation.

(4B)    Any action taken under subsection (4A) will not prevent the consumer
from seeking other remedies or further compensation for the consequences
of the installation.”

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

Page 11, line 5, at end insert—

“( )     Upon seeking to enforce statutory rights under this section, customers
must be provided with information, by the trader, about their rights
regarding rejection, repair or replacement of goods, or other remedies
provided under sections 20 to 29.”

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

Page 11, line 24, at end insert—

“( )     A consumer shall not be obliged to incur any costs when returning rejected
goods except those incurred in returning the goods to the place where they
acquired physical possession of those goods.”

Page 11, line 37, at end insert—

“( )     The entitlement to reject shall not apply, notwithstanding the right to
repair set out in section 23 and the right to a price reduction under section
24, if the contract is for goods that---—

(a)   are made to the consumer’s specifications or are clearly
personalised, or

(b)   have been installed following significant alterations to the existing
fabric of a building so as to render return of the product
impractical.”

Page 12, line 11, at end insert—

“(19)    Subsection (20) qualifies 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—

(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.”

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.”

Page 13, line 12, at end insert—

“( )     Where, given the nature of the goods and all the circumstances existing at
the time the contract was entered into, it is reasonably foreseeable to the
parties that the consumer will not be able to ascertain whether the goods
are in conformity with the contract within the time period set down in
subsection (3), the time limit for exercising the short-term right to reject in
relation to those goods shall end once the consumer has had a reasonable
period in which to ascertain whether the goods are in conformity with the
contract.”

Page 14, line 6, leave out paragraph (a) and insert—

“(a)   do so as soon as reasonably practicable and in any event within 14
days, unless the consumer expressly agrees otherwise;

(aa)   do so without significant inconvenience to the consumer; and”

Page 15, line 37, leave out from “(unless)” to end of line 39

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

Insert the following new Clause—

“Right to redress

(1)     Where the consumer does not believe that remedies offered adequately
resolve the original problem, the consumer has a right to seek redress from
an alternative dispute resolution scheme, as provided for in statute or as
approved by the competent authority.

(2)     The Secretary of State must appoint a single competent authority.

(3)     For areas not covered by an approved or statutory alternative dispute
resolution scheme, the Secretary of State must appoint a residual body to
provide this service.

(4)     The Secretary of State must ensure that consumers have a single point of
contact to identify the relevant alternative dispute resolution scheme.”

Insert the following new Clause—

“Product safety and recall

(1)     The General Product Safety Regulations 2005 (SI 2005/1803) are amended
as specified in the following subsections.

(2)     In regulation 9 (obligations of producers and distributors), after paragraph
(3)(d) insert—

(3)     In regulation 32 (reports), after paragraph (5), insert—

(4)     In regulation 33(3) (duty to notify Secretary of State and Commission)—

(a)   after “specifying the reason for taking it” insert “, and shall publish
such measure, and the reasons for taking it, on his department’s
website”,

(b)   after “of any modification or lifting of such a measure” insert “and
shall publish any such modification or lifting immediately on his
department’s website”.

(5)     In regulation 33(5)—

(a)   after “the Secretary of State shall immediately” insert “publish such
measure or action on his department’s website and”,

(b)   after “of any modification or withdrawal of any such measure or
action” insert “and shall publish any such modification or
withdrawal immediately on his department’s website”.

(6)     In regulation 39 (information)—

(a)   in paragraph (1), for “shall in general make available to the public
such information as is available to it on the following matters
relating to the risks to consumer health and safety posed by a
product” substitute “which has received a notification under
regulation 9(1) shall immediately publish on its website in respect
of the product”.

(b)   after paragraph (1)(b), insert—

(c)   in paragraph (1), for “and the measures taken” substitute “and the
measures or action taken, whether on a compulsory or voluntary
basis,”.”

Page 19, line 26, leave out “states” and insert “sets out in full and clearly
understandable detail”

Insert the following new Clause—

“Secondary ticketing platforms: ticket information

(1)     Where a ticket is sold through a secondary ticketing platform—

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

(b)   the secondary ticketing platform must publish all the information
about a ticket provided by the seller in a prominent and clear way.

(2)     Information to be requested by the secondary ticketing platform and
provided by the seller for the purposes of subsection (1) should include, but
is not limited to—

(a)   the name of the seller of the ticket;

(b)   the face value of the ticket;

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

(d)   the designated block and row and the seat or ticket number, where
applicable.

(3)     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.

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

(a)   accurate; and

(b)   prominently displayed before a buyer is able to complete their
purchase.”

Insert the following new Clause—

“Secondary ticketing platforms: definitions

(1)     A “secondary ticketing platform” means a person or company operating a
facility for the resale of tickets to events including in the United Kingdom
of Great Britain and Northern Ireland, regardless of the country in which
the owner of the service is registered.

(2)     A “ticket” means anything which purports to be a ticket, including any
item, tangible or intangible, which grants the holder entry to an event.

(3)     An “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.

(4)     An “event organiser” means the person or persons responsible for
organising and holding an event and receiving the revenue from the event.

(5)     A “fraudulent ticket” means a forged or duplicated ticket.

(6)     An “invalidated ticket” means a ticket which has been cancelled by the
event organiser or an agent acting on their behalf after being issued.”

Insert the following new Clause—

“Ticket abuse: duty to provide profile information

(1)     A secondary ticketing platform must provide a profile of information on
sellers using their service.

(2)     Profile information provided under subsection (1) must include, but is not
limited to—

(a)   the name of the seller;

(b)   the country of residence of the seller;

(c)   if the seller is a company or business, its registered number, if any;

(d)   if the seller is a company or business, its registered office or address
for service;

(e)   a list of all current and past inventory sold or offered for sale by the
seller;

(f)   information on all other accounts currently or previously held with
the secondary ticketing platform linked to the seller by virtue of
personal, financial and contact information provided by him;

(g)   information provided by previous buyers of the reliability of the
seller and the tickets he has sold;

(h)   information on any complaints made against the seller for failing to
supply tickets, and the resolution of those complaints;

(i)   the VAT registration number of the seller, if applicable; and

(j)   information on any complaints made against the seller for
supplying fraudulent or invalidated tickets, and the resolution of
those complaints.

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

(a)   accurate; and

(b)   prominently displayed before a buyer is able to complete their
purchase.

(4)     A secondary ticketing platform must disclose clearly and prominently
where the seller of the ticket is—

(a)   the secondary ticketing platform itself;

(b)   an individual or individuals employed by the secondary ticketing
platform;

(c)   other companies linked to employees, directors or shareholders of
the secondary ticketing platform;

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

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

(5)     Where a seller offers for sale more than 20 tickets to the same event, the
secondary ticketing platform must take reasonable steps to verify the
validity of the tickets.”

Insert the following new Clause—

“Ticket abuse: ticket information

(1)     Where a ticket is sold through a secondary ticketing platform—

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

(b)   the secondary ticketing platform must publish all the information
about a ticket provided by the seller in a prominent and clear way.

(2)     Information to be requested by the secondary ticketing platform and
provided by the seller for the purposes of subsection (1) should include, but
is not limited to—

(a)   the face value of the ticket;

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

(c)   the designated block, row, seat or ticket number, where applicable.

(3)     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.

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

(a)   accurate; and

(b)   prominently displayed before a buyer is able to complete their
purchase.”

Insert the following new Clause—

“Ticket abuse: reasonable cost reimbursement

(1)     A secondary ticketing platform must reimburse reasonable costs to a buyer
where a ticket sold through their service is fraudulent or invalid.

(2)     For the purposes of subsection (1), reasonable costs must include, but are
not limited to—

(a)   the price paid for the ticket by the buyer, inclusive of all service and
delivery charges;

(b)   all travel expenses incurred by the buyer in travelling from their
place of residence to the location of the event for which they had
purchased the ticket; and

(c)   any accommodation expenses incurred by the buyer for the sole
purpose of attending the event for which they had purchased the
ticket.

(3)     For the purposes of subsection (1), reasonable costs should be defined as a
total amount not exceeding twice the total purchase price of the ticket or
tickets in question, including all additional fees and taxes paid.

(4)     Claims made by a buyer against a secondary ticketing platform under this
section must be proven by receipts or other documentary proof.

(5)     The secondary ticketing platform must settle any claims under this section
within 40 days, other than where a suspected fraud or abuse related to the
transaction in question is the subject of an ongoing investigation by the
relevant statutory authority.

(6)     A secondary ticketing platform is permitted to take all necessary action to
recover any monies paid out to consumers under this section from the
seller of the ticket.”

Insert the following new Clause—

“Ticket abuse: definitions

(1)     “Secondary ticketing platform” means a person or company operating an
internet-based facility for the resale of tickets to events, including in the
United Kingdom, regardless of the country in which the owner of the
service is registered.

(2)     A “ticket” means anything which purports to be a ticket, including any
item, tangible or intangible, which grants the holder entry to an event.

(3)     An “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.

(4)     An “event organiser” means the person or persons responsible for
organising and holding an event and receiving the revenue from the event.

(5)     A “fraudulent ticket” means a forged or duplicated ticket.

(6)     An “invalidated ticket” means a ticket which has been cancelled by the
event organiser, or an agent acting on their behalf, after being issued.”

Page 21, line 38, at end insert—

“( )     For the purposes of this Act, intermediary services which enable access to
digital content by being a platform for introducing a consumer to a trader
shall also not be considered to have supplied digital content.”

Page 22, line 21, at end insert—

“(aa)   any claim made by the trader as to the outcome the digital content
will achieve,”

Page 22, line 22, after “relevant),” insert—

“( )   the fact (if it be the case) that the digital content is computer
software of a type which commonly includes defects when
supplied,”

Page 23, line 34, at end insert—

“( )     In assessing whether digital content is fit for purpose, any public claims
made by the trader as to the purpose of the digital content shall be taken
into account.”

Page 23, line 34, at end insert—

“( )     In determining for the purposes of subsection (3) whether digital content is
reasonably fit for a particular purpose, account shall be taken of the fact (if
it be the case) that the digital content is computer software of a type which
commonly includes defects when supplied.”

Page 23, line 38, at beginning insert “Subject to subsection (1A),”

Page 23, line 40, at end insert—

“(1A)    Where the digital content is computer software of a type which commonly
includes defects when supplied, it will not be a breach of the term referred
to in subsection (1) if the digital content includes defects when supplied
unless the digital content has been described by the trader as being free of
defects.”

Page 24, line 9, at end insert—

“(4A)    The trader is required to provide full details of the total cost of digital
content prior to sale, including details of any additional service fees or
charges that could be incurred by the buyer in purchasing the digital
content.

(4B)    The information set out in subsection (4A) should be portrayed prior to sale
and the explicit consent to purchase digital content at this price sought
prior to sale.”

Page 25, line 31, at end insert—

“( )     If the trader becomes aware of digital content that is faulty, it is the
responsibility of the trader to take all reasonable steps to inform the
consumer affected so that he may exercise their statutory rights.”

Page 26, line 31, at end insert—

“(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.”

Page 28, line 28, at end insert—

“( )   the damage has not been caused or contributed to by an
unreasonable use of the digital content by the consumer,

( )   the damage is of a kind which the trader ought reasonably to have
foreseen at the date when the contract was concluded,”

The above-named Lords give notice of their intention to oppose the Question that Clause 46
stand part of the Bill.

Page 29, line 20, after “would” insert “unreasonably”

Page 29, line 28, at end insert “unreasonably”

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.”

Page 30, line 30, after “is” insert “reasonably”

Page 30, line 32, after “is” insert “reasonably”

Page 30, line 37, after “occasion” insert “or as soon as possible thereafter”

Page 31, line 19, at end insert--—

“( )     A supplier must provide on request a written statement of account free of
charge no more frequently than once per quarter.”

Insert the following new Clause—

“Display of information about rights under this Part

(1)     Suppliers of goods and services to which this Part applies shall be required
to display at the point of sale information in plain and intelligible language
and in a reasonable format which explains to consumers the relevant rights
of consumers under this Part.

(2)     The “point of sale” in subsection (1) means—-

(a)   the trader’s premises;

(b)   any other premises at which the contract is agreed;

(c)   if the contract is agreed via the trader’s website, that website.

(3)     If the contract is agreed via email, the requirement in subsection (1) is for
the information to be given in the email offering or (as the case may be)
accepting the contract.

(4)     If the contract is agreed orally but outside premises as mentioned in
subsection (2), the supplier must at the point the contract is agreed give to
the consumer a written notice containing the information required by
subsection (1).”

Insert the following new Clause—

“Application of this Part to regulators

(1)     This section applies to regulators which are involved in protecting
consumers (“consumer regulators”).

(2)     It shall be the duty of consumer regulators to promote the rights of
consumers under this Part.

(3)     In exercising their functions, consumer regulators shall have regard to the
desirability of promoting—

(a)   accurate, plain and intelligible information for consumers about
goods and services;

(b)   fair and reasonable practices in the selling of goods and services;

(c)   fair and reasonable pricing of goods and services;

(d)   the inclusion of comprehensive information on goods and services
in contracts;

(e)   quick and fair means for consumers to make complaints and have
disputes resolved.

(4)     Any fines levied by a consumer regulator on a trader for breaches of rights
under this Part shall, following deductions by the regulator for its
reasonable administration costs, be used to compensate consumers for
breaches of their rights under this Part.”

Insert the following new Clause—

“Obligations on suppliers of utilities

(1)     This section applies to suppliers of electricity, gas, water, sewage systems,
telephony (including mobile telephony), internet connections and
analogous utilities (“utilities suppliers”) and consumers of those utilities.

(2)     Utilities suppliers shall provide consumers with the options of receiving
bills in paper or electronic format.

(3)     Utilities suppliers may not levy a charge on consumers who opt to receive
bills in paper format, and may not reduce prices for consumers who opt to
receive bills electronically.

(4)     Utilities suppliers shall provide consumers with the option of paying bills
by cheque.

(5)     Utilities suppliers may not levy a charge on consumers who opt to pay by
cheque, and may not reduce prices for consumers who opt to pay by means
other than a cheque.

(6)     In this section “cheque” has the meaning given in the Bills of Exchange Act
1882.”

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).”

Insert the following new Clause—

“Product description and advertisement

(1)     Subject to subsection (2) below, where any specification, description or
advertisement of goods, services or land or property offered for sale, hire
or lease, or any instructions or maintenance manual relating to such goods
or services includes one or more units of measurement, those units shall
be—

(a)   those set out in Schedule 1 of the Units of Measurement Regulations
1986 (as amended); or

(b)   any multiples or submultiples of those units as set out in Schedule
2 of those Regulations.

(2)     Subsection (2) shall not apply to products listed in Schedule (product
description and advertisement).

(3)     Subject to subsection (4) below, supplementary indications may be used in
addition to the units authorised in subsection (1).

(4)     Where supplementary indications are used—

(a)   in the case of a conflict between an indication of quantity expressed
in an authorised unit and a supplementary indication, the
authorised unit shall prevail; and

(b)   the authorised unit shall appear first, and any characters employed
in the marking of quantity in relation to a supplementary indication
shall be no larger and no more prominent than those employed in
the marking of quantity expressed in the authorised unit.

(5)     In this section—

(a)   an “authorised unit” means a unit of measurement specified in
Schedule 1 of the Units of Measurement Regulations 1986 (as
amended) or any multiples or submultiples of those units as set out
in Schedule 2 of those Regulations,

(b)   a “supplementary indication” means one or more indications of
quantity expressed in a unit of measurement, other than an
authorised unit, which is used in conjunction with an indication of
quantity expressed in an authorised unit,

(c)   “unit of measurement” does not include arbitrary sizes such as sizes
of shoes or clothing, paper and stationery or eggs,

(d)   a “year” is not to be treated as a unit of measurement.”

Page 55, line 15, at end insert—

“( )     A term which relies upon any bill of sale, as defined in section 3 of the
Bills of Sale Act (1878) Amendment Act 1882 (construction of Act), to
reduce the level of consumer protection in relation to contracts
concerning consumer credit.”

Page 61, line 9, leave out sub-paragraph (7) and insert—

“(7)     No order may be made under sub-paragraph (2) unless a draft of the
statutory instrument containing it has been laid before, and approved by
a resolution of, each House of Parliament.”

Page 72, line 8, at end insert—

“section (Enforcement of the duty)(1) of this Act.”

Page 73, leave out lines 8 to 11

Page 80, line 11, after “may” insert “on production, if required, of his credentials,”

Page 80, line 11, at end insert “for the purpose of ascertaining whether an offence
under the enforcer’s legislation has been committed.

(1A)    An officer of an enforcer may enter premises at any reasonable time for
any other purpose permitted under paragraph 13 of this Schedule.”

Page 80, line 12, leave out “Sub-paragraph (1) does not authorise” and insert
“Neither sub-paragraph (1) nor sub-paragraph (1A) authorises”

Page 80, line 14, leave out “that sub-paragraph” and insert “sub-paragraph (1A)”

Page 112, leave out lines 18 to 20

Page 112, line 26, after “considers” insert “, subject to subsection (8A),”

Page 112, line 27, at end insert—

Page 112, line 30, leave out ““Opt-in collective proceedings” are collective” and
insert ““Collective proceedings” are”

Page 112, leave out lines 34 to 45

Page 113, line 4, at end insert—

Page 113, line 30, after “may” insert “, after giving the charity referred to in
subsection (5) an opportunity to make representations,”

Page 113, line 35, at end insert “so as to substitute a different charity for the one for
the time being specified in that subsection”

Page 113, line 36, after “agreement” insert “or third party litigation funding
agreement”

Page 113, line 38, at end insert—

Page 113, line 44, at end insert—

Page 124, line 15, leave out “47C(6)” and insert “47C(7)”

Page 128, leave out lines 33 to 37 and insert—

Page 128, line 40, at end insert—

“(ba)   after sub-paragraph (2) insert—

Page 129, line 30, leave out “47C(7)” and insert “47C(8)”

Page 129, line 31, at end insert—

“PART 4

LEGAL SERVICES ACT 2007

38     The Legal Services Act 2007 is amended in accordance with this Part.

39     In section 194 (payments in respect of pro bono representation), the
definition of “civil court” in subsection (10) is amended as follows—

(a)   after “the family court,” omit “or”;

(b)   after “the county court” insert “, or

40  (1)     Section 212 (extent) is amended as follows.

(2)     In subsection (1), after “(2)” insert “, (2A)”.

(3)     After subsection (2), insert—

Insert the following new Schedule—

“SCHEDULE

DUTY OF LETTING AGENTS TO PUBLICISE FEES: FINANCIAL PENALTIES

Notice of intent

1   (1)     Before imposing a financial penalty on a letting agent for a breach of a
duty imposed by or under section 81, a local weights and measures
authority must serve a notice on the agent of its proposal to do so (a
“notice of intent”).

(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 agent’s breach, subject to sub-paragraph (3).

(3)     If the agent is in breach of the duty 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

2      The letting agent may, within the period of 28 days beginning with the
day after that on which the notice of intent was sent, make written
representations to the local weights and measures authority about the
proposal to impose a financial penalty on the agent.

Final notice

3   (1)     After the end of the period mentioned in paragraph 2 the local weights
and measures authority must—

(a)   decide whether to impose a financial penalty on the letting agent,
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 agent, it
must serve a notice on the agent (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)     A local weights and measures 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 letting agent on whom the notice was served.

Appeals

5   (1)     A letting agent on whom a final notice is served may appeal against that
notice to—

(a)   the First-tier Tribunal, in the case of a notice served by a local
weights and measures authority in England, or

(b)   the residential property tribunal, in the case of a notice served by
a local weights and measures authority in Wales.

(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)     An appeal under this paragraph to the residential property tribunal
must be brought within the period of 28 days beginning with the day
after that on which the final notice was sent.

(4)     If a letting agent appeals under this paragraph, the final notice is
suspended until the appeal is finally determined or withdrawn.

(5)     On an appeal under this paragraph the First-tier Tribunal or (as the case
may be) the residential property tribunal may quash, confirm or vary the
final notice.

(6)     The final notice may not be varied under sub-paragraph (5) 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 letting agent does not pay the whole or any
part of a financial penalty which, in accordance with this Schedule, the
agent is liable to pay.

(2)     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 proceedings before the county 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, and

(b)   states that the amount due has not been received by a date
specified in the certificate,

is conclusive evidence of that fact.

(4)     A certificate to that effect and purporting to be so signed is to be treated
as being so signed unless the contrary is proved.

(5)     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).

(6)     In this paragraph “chief finance officer” has the same meaning as in
section 5 of the Local Government and Housing Act 1989.”

Insert the following new Schedule—

“SCHEDULE

PRODUCT DESCRIPTION AND ADVERTISEMENT

1      Exemptions from the requirement to display the units specified in
section (Product description and advertisement)(1)—

(1)   The labelling of vehicle and bicycle tyres forming part of the
moulding of the tyre,

(2)   The capacity measure stamped on glassware used for the
dispensing of draught beer and cider,

(3)   The capacity measure indicated on returnable containers used
for packaging liquid milk.

2      The Secretary of State may, by order made by statutory instrument, with
the consent of both Houses of Parliament, insert items in or omit items
from this list.”-

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

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”

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”

Page 44, line 27, leave out “in England”

Page 44, line 29, leave out “in England”

Page 45, line 3, leave out “in England”

Insert the following new Clause—

“Enforcement of the duty

(1)     It is the duty of every local weights and measures authority in England and
Wales to enforce the provisions of this Chapter in its area.

(2)     If a letting agent breaches the duty in section 81(3) (duty to publish list of
fees on agent’s website), that breach is taken to have occurred in each area
of a local weights and measures authority in England and Wales in which
a dwelling-house to which the fees relate is located.

(3)     Where a local weights and measures authority in England and Wales is
satisfied on the balance of probabilities that a letting agent has breached a
duty imposed by or under section 81, the authority may impose a financial
penalty on the agent in respect of that breach.

(4)     A local weights and measures authority in England and Wales may impose
a penalty under this section in respect of a breach which occurs in England
and Wales but outside that authority’s area (as well as in respect of a breach
which occurs within that area).

(5)     But a local weight and measures authority in England and Wales may
impose a penalty in respect of a breach which occurs outside its area and in
the area of a local weights and measures authority in Wales only if it has
obtained the consent of that authority.

(6)     Only one penalty under this section may be imposed on the same letting
agent in respect of the same breach.

(7)     The amount of a financial penalty imposed under this section—

(a)   may be such as the authority imposing it determines, but

(b)   must not exceed £5,000.

(8)     Schedule (Duty of letting agents to publicise fees: financial penalties) (procedure
for and appeals against financial penalties) has effect.

(9)     A local weights and measures authority in England must have regard to
any guidance issued by the Secretary of State about—

(a)   compliance by letting agents with duties imposed by or under
section 81;

(b)   the exercise of its functions under this section or Schedule (Duty of
letting agents to publicise fees: financial penalties).

(10)     A local weights and measures authority in Wales must have regard to any
guidance issued by the Welsh Ministers about—

(a)   compliance by letting agents with duties imposed by or under
section 81;

(b)   the exercise of its functions under this section or Schedule (Duty of
letting agents to publicise fees: financial penalties).

(11)     The Secretary of State may by regulations made by statutory instrument—

(a)   amend any of the provisions of this section or Schedule (Duty of
letting agents to publicise fees: financial penalties) in their application in
relation to local weights and measures authorities in England;

(b)   make consequential amendments to Schedule 5 in its application in
relation to such authorities.

(12)     The Welsh Ministers may by regulations made by statutory instrument—

(a)   amend any of the provisions of this section or Schedule (Duty of
letting agents to publicise fees: financial penalties) in their application in
relation to local weights and measures authorities in Wales;

(b)   make consequential amendments to Schedule 5 in its application in
relation to such authorities.”

Baroness Neville-Rolfe gives notice of her intention to oppose the Question that Clause 85
stand part of the Bill.

Page 46, line 15, at end insert—

““the appropriate national authority” means—

(a)   in relation to England, the Secretary of State, and

(b)   in relation to Wales, the Welsh Ministers;”

Page 46, line 18, after “is” insert “—

(i)   ”

Page 46, line 18, at end insert—

“(ii)   a registered social landlord, or

(iii)   a fully mutual housing association,”

Page 46, line 21, at end insert—

““fully mutual housing association” has the same meaning as in Part
1 of the Housing Associations Act 1985 (see section 1(1) and (2) of
that Act);”

Page 46, line 32, at end insert—

““registered social landlord” means a body registered as a social
landlord under Chapter 1 of Part 1 of the Housing Act 1996;”

Page 46, line 37, leave out “in England”

Page 46, line 37, at end insert—

“(aa)   a county borough council,”

Page 47, line 4, leave out subsection (6) and insert—

“(6)     A statutory instrument containing (whether alone or with other provision)
regulations made by the Secretary of State under section (Enforcement of the
duty)(11) 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.

(6A)    A statutory instrument containing (whether alone or with other provision)
regulations made by the Welsh Ministers under section (Enforcement of the
duty)(12) is not to be made unless a draft of the instrument has been laid
before, and approved by a resolution of, the National Assembly for Wales.”

Page 47, line 9, after “regulations” insert “made by the Secretary of State”

Page 47, line 11, at end insert—

“(7A)    A statutory instrument containing regulations made by the Welsh
Ministers under this Chapter other than one to which subsection (6A)
applies is subject to annulment in pursuance of a resolution of the National
Assembly for Wales.”

Insert the following new Clause—

Promotional activities by sellers in the high cost consumer credit market

Where a lender in the high cost consumer credit market is selling a service
which may only be purchased by a consumer aged 18 years or more, public
communications about that service, including promotional material and
any promotional activities, shall not be targeted at people below the age of
18.”

Insert the following new Clause—

“Communications services: change of service provider

In section 3 of the Communications Act 2003 (general duties of OFCOM),
after subsection (2)(f) insert—

Insert the following new Clause—

“Duty to provide an internet service that protects children from digital content

(1)     Internet service providers must provide to subscribers an internet access
service which excludes adult content unless all the conditions of subsection
(3) have been fulfilled.

(2)     Where mobile telephone operators provide a telephone service to
subscribers which includes an internet access service, they must ensure this
service excludes adult content unless all the conditions of subsection (3)
have been fulfilled.

(3)     The conditions are—

(a)   the subscriber “opts-in” to subscribe to a service that includes adult
content;

(b)   the subscriber is aged 18 or over; and

(c)   the provider of the service has an age verification policy which
meets the standards set out by OFCOM in subsection (4) and which
has been used to confirm that the subscriber is aged 18 or over
before a user is able to access adult content.

(4)     It shall be the duty of OFCOM to set, and from time to time to review and
revise, standards for the—

(a)   filtering of adult content in line with the standards set out in section
319 of the Communications Act 2003;

(b)   age verification policies to be used under subsection (3) before a
user is able to access adult content; and

(c)   filtering of content by age or subject category by providers of
internet access services and mobile phone operators.

(5)     The standards set out by OFCOM under subsection (4) must be contained
in one or more codes.

(6)     Before setting standards under subsection (5), OFCOM must publish, in
such a manner as they think fit, a draft of the proposed code containing
those standards.

(7)     After publishing the draft code and before setting the standards, OFCOM
must consult relevant persons and organisations.

(8)     It shall be the duty of OFCOM to establish procedures for the handling and
resolution in a timely manner of complaints about the observance of
standards set under subsection (4), including complaints about incorrect
filtering of content.

(9)     OFCOM may designate any body corporate to carry out its duties under
this section in whole or in part.

(10)     OFCOM may not designate a body under subsection (9) unless, as respects
that designation, they are satisfied that the body—

(a)   is a fit and proper body to be designated;

(b)   has consented to being designated;

(c)   has access to financial resources that are adequate to ensure the
effective performance of its functions under this section; and

(d)   is sufficiently independent of providers of internet access services
and mobile phone operators.

(11)     In this section, internet service providers and mobile telephone operators
shall at all times be held harmless of any claims or proceedings, whether
civil or criminal, providing that at the relevant time, the internet access
provider or the mobile telephone operator—

(a)   was following the standards and code set out by OFCOM in
subsection (4); and

(b)   acting in good faith.

(12)     For the avoidance of doubt, nothing in subsections (1) and (2) prevents
providers of internet access services and mobile phone operators from
providing additional levels of filtering content.

(13)     In this section—

“adult content” means an internet access service that contains harmful
and offensive materials from which persons under the age of
eighteen are protected;

“harmful and offensive materials” has the same meaning as in section
3 of the Communications Act 2003 (general duties of OFCOM);

“material from which persons under the age of eighteen are
protected” means material specified in the OFCOM standards
under section 319(2)(a) of the Communications Act 2003 (OFCOM’s
standards code);

“opts-in” means a subscriber notifies the service provider of his or her
consent to subscribe to a service that includes adult content.”

Insert the following new Clause—

“Service contracts relating to students: complaints

In cases where there is a contract under Chapter 4 of Part 1 to supply a
service between a student (as the consumer) and an institution (as the
trader), the following are qualifying institutions for the purposes of Part 2
of the Higher Education Act 2004, insofar as any complaint under the
provisions of the 2004 Act relates to that service contract—

(a)   an institution granted specific course designation by the Secretary
of State pursuant to regulation 5 of the Education (Student Support)
Regulations 2011 (SI 2011/1986) and section 22(1) of the Teaching
and Higher Education Act 1998; and

(b)   an institution granted degree awarding powers under section 76 of
the Further and Higher Education Act 1992.”

Page 47, line 28, leave out “or revokes” and insert “, revokes or otherwise modifies”

Page 47, line 32, leave out “or revoke” and insert “, revoke or otherwise modify”

Page 48, line 4, at end insert “other than the coming into force of Chapter 3 of this
Part in relation to Wales.

(2)     The Welsh Ministers may by order made by statutory instrument make
transitional, transitory or saving provision in connection with the coming
into force of Chapter 3 of this Part in relation to Wales.”

Page 48, line 14, at end insert—

“(2A)    Chapter 3 of this Part extends only to England and Wales.”

Page 48, line 18, leave out “This Chapter comes” and insert “The provisions of this
Act listed in subsection (1A) come”

Page 48, line 18, at end insert—

“(1A)    Those provisions are—

(a)   section 48(5) to (7),

(b)   Chapter 3 of this Part in so far as it confer powers to make
regulations,

(c)   section 86(5) to (9),

(d)   this Chapter, and

(e)   paragraph 12 of Schedule 5.

(1B)    Chapter 3 of this Part comes into force—

(a)   in relation to England, on such day as the Secretary of State may
appoint by order made by statutory instrument;

(b)   in relation to Wales, on such day as the Welsh Ministers may
appoint by order made by statutory instrument.”