Consumer Rights Bill

Page 109, leave out lines 7 to 12

Page 109, leave out lines 18 to 31

Page 110, line 24, at end insert—

“      After section 231 insert—

Page 43, line 4, at end insert—

“(2)     A year after the commencement of this section, the Secretary of State shall
review the powers set out in Schedule 8 and report to Parliament on—

(a)   the number of private actions commenced under this power,

(b)   the redress provided to consumers under these private actions, and

(c)   the scope and potential effect of expanding these private action
powers to all areas of consumer protection law.”

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 120, line 15, 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.”-

Insert the following new Schedule—

“SCHEDULE

ACCESS TO DATA

Information for consumers

1      The Secretary of State shall report to Parliament within six months of the
passing of this Act setting out how consumers will have access to the
information they require in order to make informed assessments of
prices, charges and fees.

Supply of customer data

2      A report under paragraph 1 shall include details of how the Government
intends to—

(a)   make regulations to require all regulated persons to provide
customer data relating to transactions between the regulated
person and the customer, as set out in section 89 of the Enterprise
and Regulatory Reform Act 2013 (supply of customer data);

(b)   enable third parties to make requests for customer data under
section 89(1)(b) of that Act; and

(c)   ensure customer data is provided in a form which enables the
customer or third party to assess whether the price they are
paying for a service is reasonable; which should have regard to
section 89(7) of the Enterprise and Regulatory Reform Act 2013.

Designation of regulated persons and regulatory bodies

3      A report under paragraph 1 shall—

(a)   review which traders, including the activities of any government,
or local or public authority, as defined by section 2 of this Act,
shall be considered a regulated person under section 89(2) of the
Enterprise and Regulatory Reform Act 2013; and

(b)   identify a relevant regulatory body to undertake the duties set
out in paragraph 4 of this Schedule.

Guidance for regulated persons

4      A report under paragraph 1 shall include details of how the Government
intends to require regulators of services which are provided by
regulated persons, as defined in section 89(2) of the Enterprise and
Regulatory Reform Act 2013, to produce guidance on the
implementation of section 89 of that Act.

5      Guidance produced for regulated persons under paragraph 4 shall
include—

(a)   how regulated persons should provide customer data;

(b)   details on the ownership of customer data which shall include,
but is not limited to—

(i)   that customer data generated directly, at any point in the
course of a contract, is owned by the customer;

(ii)   that prior to any decision requiring the transmission of
data in a format where the customer can be identified to
a third party, direct consent of the customer as owner of
the data must be secured; and

(iii)   how regulated persons should recognise and publicise
that such data is owned by the customer;

(c)   how customers may consent to their data being shared with third
parties under section 89(1)(b) of the Enterprise and Regulatory
Reform Act 2013;

(d)   specify sanctions for traders who are not able to confirm the
consent of the customer to sharing their data;

(e)   measures to limit the amount that may be charged for any such
single request for data on behalf of multiple customers;

(f)   how regulated persons, who hold data on customers on behalf of
any government, local or public authority, can use this
information to secure social and consumer benefits; and

(g)   how regulated persons, who hold data on customers on behalf of
any government, local or public authority, can contribute to a
report under paragraph 7.

Access to information: public services

6   (1)     The Secretary of State shall report to Parliament within six months of the
passing of this Act on how the Government intends to ensure that all
consumers of public services, who have a direct role in commissioning
them, are able to access information regarding any consumer contract or
consumer notices which may reasonably be understood to apply to
them.

(2)     A report under sub-paragraph (1) shall have particular regard to—

(a)   the access of information that consumers of public services
require; and

(b)   how access to information can ensure greater transparency on
the work of traders.

(3)     For the purposes of this paragraph, “public services” means the work of
any government, local or public authority or traders offering services on
their behalf.

Access to information: annual report

7   (1)     The Secretary of State shall produce and submit to Parliament an annual
report setting out an analysis of the cumulative costs and benefits of
Government decisions relating to the rights of consumers and protection
of their interests.

(2)     A report under sub-paragraph (1) shall in particular address the effect
on—

(a)   household consumption;

(b)   vulnerable households; and

(c)   any other subjects as the Secretary of State decides.”

Insert the following new Clause—

“Prohibition of fees in contracts for services: letting of residential
accommodation

(1)     The provisions in this section apply to a contract for a trader to supply a
service in connection with the letting of residential premises.

(2)     Subject to the provisions of this section, any person who demands or
accepts payment of any sum of money from a person (“P”) for services in
connection with a contract for the letting of residential premises shall be
guilty of an offence.

(3)     For the purposes of subsection (2), P is any person—

(a)   who seeks to enter a contract to let residential accommodation, or

(b)   who has a tenancy of, or other right or permission to occupy,
residential premises.

(4)     For the purposes of subsection (2)—

“letting” shall include any service provided in connection with the
advertisement or marketing of residential accommodation or with
the grant or renewal of a tenancy;

“services” shall—

(a)   include, and are not limited to—

(a)   the registration of persons seeking accommodation,

(b)   the selection of prospective occupiers, and

(c)   any work associated with the production or
completion of written agreements or other relevant
documents,

(b)   not include credit checks of persons seeking
accommodation.

(5)     Where a person unlawfully demands or accepts payment under this
section in the course of his employment, the employer or principal of that
person shall also be guilty of an offence.

(6)     A person shall not be guilty of an offence under this section by reason of his
demanding or accepting payment of rent or a tenancy deposit within the
meaning of section 212(8) of the Housing Act 2004 (tenancy deposit
schemes).

(7)     A person shall not be guilty of an offence under this section by reason of his
demanding or accepting a holding deposit.

(8)     A “holding deposit” for the purposes of subsection (7) is—

(a)   a sum of money demanded of or accepted from a person, in good
faith for the purpose of giving priority to that person in relation to
the letting of a specific property, which is to be credited towards the
tenancy deposit or rent upon the grant of the tenancy of that
property, and

(b)   not greater than two weeks rent for the accommodation in question.

(9)     Costs incurred by persons seeking accommodation for the undertaking of
credit checks shall be reimbursed upon the signing of a tenancy agreement.

(10)     In this section, any reference to the grant or renewal of a tenancy shall
include the grant or renewal or continuance of a lease or licence of, or other
right or permission to occupy, residential premises.

(11)     In this section “rent” shall include any occupation charge under a licence.”

Insert the following new Clause—

“Consumer protection measures governing letting agents

(1)     Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as
follows.

(2)     In subsection (1) after “above” insert “and in subsection (1A) below”.

(3)     After subsection (1) insert—

Insert the following new Clause—

“Insurance cover for money received or held by lettings agents in the course of
business

(1)     Subject to the provisions of this section, a person may not accept money
from another person (“T”) in the course of lettings agency work unless
there are in force authorised arrangements under which, in the event of his
failing to account for such money to the person entitled to it, his liability
will be made good by another.

(2)     In this section T is any person who seeks residential accommodation which
is to let or who has a tenancy of, or other right or permission to occupy,
residential premises; and a “relevant payment” means any sum of money
which is received from T in the circumstances described in subsection (1).

(3)     In this section “lettings agency work” has the same meaning as in section
83 of the Enterprise and Regulatory Reform Act 2013 (redress schemes:
lettings agency work) and a “lettings agent” is a person who engages in
lettings agency work.

(4)     The Secretary of State may by regulations made by statutory instrument,
which shall be subject to annulment in pursuance of a resolution of either
House of Parliament—

(a)   specify any persons or classes of persons to whom subsection (1)
above does not apply;

(b)   specify arrangements which are authorised for the purposes of this
section including arrangements to which an enforcement authority
nominated for the purpose by the Secretary of State or any other
person so nominated is a party;

(c)   specify the terms and conditions upon which any payment is to be
made under such arrangements and any circumstances in which
the right to any such payment may be excluded or modified;

(d)   provide that any limit on the amount of any such payment is to be
not less than a specified amount; and

(e)   require a person providing authorised arrangements covering any
person carrying on lettings agency work to issue a certificate in a
form specified in the regulations certifying that arrangements
complying with the regulations have been made with respect to
that person.

(5)     Every guarantee entered into by a person (in this subsection referred to as
“the insurer”) who provides authorised arrangements covering a lettings
agent shall insure for the benefit of every person from whom the lettings
agent has received a relevant payment as if—

(a)   the guarantee were contained in a contract made by the insurer
with every such person;

(b)   except in Scotland, that contract were under seal; and

(c)   where the guarantee is given by two or more insurers, they have
bound themselves jointly and severally.”

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.”

Insert the following new Clause—

“Requirements for statutory regulators

(1)     Within three months of the passing of this Act, the Secretary of State shall
set out in guidance requirements for all statutory regulators to provide—

(a)   formal representation for consumers on all governance bodies;

(b)   an annual competition and consumer rights health check within
their industry which has been approved by the Consumer
Association; and

(c)   periodic consideration of whether there is a need for independent
advice, free at the point of delivery, to ensure consumers’ rights are
protected.

(2)     If there is a need under subsection (1)(c), the Secretary of State shall review
the case for the introduction of levies to support that provision.”

Insert the following new Clause—

“High-cost short-term credit: public communications

Within six months of the passing of this Act, the Secretary of State must
make regulations to regulate the content and the timing of public
communication about high-cost short-term credit agreements with a view
to protecting children and other vulnerable persons from harm or
exploitation.”

Insert the following new Clause—

“High-cost short-term credit: unsolicited marketing

The Secretary of State must make regulations to prevent the sale of high-
cost short-term credit through unsolicited marketing calls.”

Insert the following new Clause—

“Public communications by sellers in the high cost consumer credit market

Lenders in the high cost consumer credit market shall not target public
communications about their services at people who are engaged in
gambling.”

Insert the following new Clause—

“Airline passengers: allergies

(1)     When a consumer enters into a service contract under Part 1 of this Act to
travel with an airline, the airline must give the consumer an opportunity to
state whether they have any allergies about which the airline should be
aware.

(2)     If the consumer states that they do have an allergy, the airline must take
reasonable appropriate steps to avoid the consumer having an allergic
reaction while travelling with the airline.”

Insert the following new Clause—

“Unsolicited telephone calls: consumer opt-in

(1)     The Privacy and Electronic Communications (EC Directive) Regulations
2003 are amended as follows.

(2)     In Regulation 21 (unsolicited calls for direct marketing purposes)—

(a)   in paragraph (1), for “neither” substitute “only”, and for “nor”
substitute “or”;

(b)   omit paragraph (1)(a);

(c)   omit paragraph (3); and

(d)   in paragraph (4) after “be” insert “not”.

(3)     In Regulation 26 (register to be kept for the purposes of regulation 21),
paragraph (1), leave out “not”.

Insert the following new Clause—

“Mandatory caller line identification

(1)     The Privacy and Electronic Communications (EC Directive) Regulations
2003 (S.I.2003/2426) (“the Regulations”) are amended as follows.

(2)     In regulation 2(1), between the definitions of “the Directive” and “electronic
communications network” insert—

(3)     In regulation 2(1), between the definitions of “location data” and “OFCOM”
insert—

(4)     In regulation 10(1), after the words “to outgoing calls” insert the words
“made by a domestic caller”.

(5)     After regulation 10 insert—

(6)     After regulation 11(1) insert—

(7)     In regulation 11(2) omit the words “Where a facility enabling the
presentation of calling line identification is available”.

(8)     In regulation 11(3) omit the words—

(a)   “Where a facility enabling the presentation of calling line
identification prior to the call being established is available”; and

(b)   “where the presentation of the calling line identification has been
prevented by the calling user or subscriber”.

(9)     In regulation 11(4) omit the words “Where a facility enabling the
presentation of connected line identification is available”.

(10)     In regulation 12 for the words “Where a provider of a public electronic
communications service provides facilities for calling or connected line
identification, he shall provide information to the public regarding the
availability of such facilities” substitute the words “A provider of a public
electronic communications service shall provide information to the public
regarding the availability of calling or connected line identification
facilities”.

(11)     The Secretary of State may exempt organisations from the application of
this section.

(12)     The Secretary of State must consult with OFCOM and any other relevant
organisations on these exemptions.”

Insert the following new Clause—

“Powers of Information Commissioner to impose monetary penalties for
breaches of data protection principles

(1)     The Data Protection Act 1998 is amended as follows.

(2)     In section 40 (enforcement notices), omit subsection (2).

(3)     In section 55A (inspection of overseas information systems), omit
subsection (1)(b).”

Insert the following new Clause—

“Guidance for statutory regulators

(1)     Within three months of the passing of this Act, the Secretary of State shall
publish guidance based on the work of the implementation group for this
Act.

(2)     Guidance published under subsection (1) shall—

(a)   detail how consumers should be informed of their rights and at
what point this should happen;

(b)   ensure that traders have the information they need regarding their
responsibilities under this Act and other consumer rights
legislation;

(c)   define what may be a “reasonable time” for consumers to secure
refunds, repairs or replacement, or repeat performance; and

(d)   specify the sanctions available to enforcement agencies in cases
where the guidance has not been followed.

(3)     Within six months of the publication of guidance under subsection (1), the
Secretary of State shall issue a code of practice in relation to the exercise of
all the functions set out in the guidance, subject to the provisions of
subsections (5) to (7).

(4)     Any person exercising such a function must have regard to the code in
determining any general policy or principles by reference to which the
person exercises the function.

(5)     Where the Secretary of State proposes to issue a code of practice under
subsection (3), he shall prepare a draft of the code, and shall lay the draft
before Parliament.

(6)     Where the draft laid before Parliament under subsection (5) is approved by
resolution of each House of Parliament, the Secretary of State shall issue the
code.

(7)     A code issued under subsection (6) shall come into force on such date as the
Secretary of State may by order made by statutory instrument appoint.”

Insert the following new Clause—

“Credit broker fees

(1)     The Consumer Credit Act 1974 is amended as follows.

(2)     In section 160A (credit intermediaries), after subsection (4) insert—

Insert the following new Clause—

“Practices of rent-to-own companies

(1)     This section applies to credit agreements and consumer hire agreements
taken out in respect of household goods specified in rules by the Financial
Conduct Authority.

(2)     The rules under subsection (1) shall—

(a)   include a requirement on lenders to include in pre-contractual
information adequate explanations and information allowing
prospective customers to compare both the cash price of goods and
the total cost of the credit agreement to a representative retail price
for those goods;

(b)   prohibit lenders from requiring customers to take out insurance
sold or brokered by the lender as a condition of obtaining credit;

(c)   set out specific steps lenders must take before taking action to
enforce the agreement or recover possession of goods; and

(d)   set out the steps lenders should take to check that the agreement is
affordable and suitable for prospective consumers.”

Insert the following new Clause—

“Debt management plan regulation

The Financial Conduct Authority shall bring forward recommendations
within a year of the commencement of this Act regarding the practice of
directly charging consumers fees or charges for the provision of debt
management plans, including recommendations on the phasing out of
such practices.”

Insert the following new Clause—

“Direction by Gambling Commission to block financial transactions of person
or organisation without remote gambling licence

In section 33 of the Gambling Act 2005 (provision of facilities for gambling),
after subsection (5) insert—

Insert the following new Clause—

“Payday lenders levy

The Secretary of State shall produce an annual report on the level at which
a levy on lenders in the high cost consumer credit market should be set and
bring forward measures to ensure—

(a)   provision of free debt advice for vulnerable consumers; and

(b)   provision of affordable alternative credit through credit unions.”

Insert the following new Clause—

“Real-time database

(1)     The Financial Conduct Authority (FCA) shall establish a database of short-
term, high-cost credit agreements to ensure that loans conform to
affordability and responsible lending rules.

(2)     Any authorised person entering into a short-term, high-cost credit
agreement shall be required to enter details of the agreement onto the
database.

(3)     The details to be entered on the database shall be specified by the FCA and
shall include—

(a)   information about the borrower, including name, address, date of
birth and national insurance number or other unique identifiers as
may be specified by the FCA; and

(b)   information about the loan agreement, including the amount
advanced, the interest and other fees contained in the agreement,
the amount repayable, and the contractual date on which
repayment is due.

(4)     All details must be entered onto the database on a real-time basis, which for
the purposes of this section means within a time limit to be laid down by
the FCA, but which will be no more than 24 hours after the relevant
agreement is made.

(5)     Authorised persons entering details of short-term high-cost credit
agreements onto the database shall also be required—

(a)   to consult the database prior to making any short-term high-cost
credit agreements in order to ensure that any limitations on the
making of high-cost credit agreements that may be set by the FCA
are observed; and

(b)   to record the performance of any agreements entered on the
database,

including details of any missed contractual repayments, any deferments,
and the level of default fees or other charges imposed as a consequence.

(6)     In the event that a short-term, high-cost credit agreement cannot be entered
into as a consequence of the limitations set by the FCA, then authorised
persons required to use the database shall refer credit applicants to debt
advice services in a manner to be specified by the FCA.”

Insert the following new Clause—

“Banning the practice of double charging

(1)     The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/
1277) are amended as follows.

(2)     After Regulation 12 insert—

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.”