Consumer Rights Bill

Amendments
to be moved
on report

Clause 24

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

 

Page 15, line 40, leave out paragraph (a)

 

Page 15, line 45, leave out subsection (11)

After Clause 32

LORD MOYNIHAN

BARONESS HEYHOE FLINT

LORD CLEMENT-JONES

LORD STEVENSON OF BALMACARA

 

Insert the following new Clause—

“Secondary ticketing platforms: seller profiles and ticket information

(1)     Secondary ticketing operators must, on the website on which tickets are
offered for sale or transfer, provide information concerning the sellers of
tickets so that sellers may be easily identified.

(2)     Information provided by virtue of subsection (1) must include, but is not
limited to—

(a)   the name of the seller;

(b)   if the seller is an undertaking, its registered number, jurisdiction of
registration, registered office address, and if registered outside the
United Kingdom, a valid address for service; and

(c)   the VAT registration number of the seller, if applicable.

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

(a)   accurate, and;

(b)   prominently displayed before a buyer is able to complete the
purchase of the ticket.

(4)     Secondary ticketing operators must disclose clearly and prominently
where the seller of a ticket is—

(a)   the secondary ticketing platform or a subsidiary undertaking or
parent undertaking of the secondary ticketing platform;

(b)   persons employed or engaged by the secondary ticketing platform;

(c)   other persons connected to employees, directors or shareholders of
the secondary ticketing platform, or any of its subsidiary
undertakings or parent undertakings;

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

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

(5)     Where a ticket is offered for sale or transfer through a secondary ticketing
platform—

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

(b)   the secondary ticketing operator must publish all relevant
information about a ticket in a prominent and clear manner;

(c)   the secondary ticket operator must immediately remove the ticket
from sale when it is informed by the event organiser that the
information provided is inaccurate or incomplete.

(6)     Information to be provided by the seller and published by the secondary
ticketing operator for the purposes of subsection (1) must include, without
limitation—

(a)   the face value of the ticket;

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

(c)   the designated location of the ticket including the stand, the block,
the row and the seat number of the ticket, where applicable; and

(d)   the ticket booking identification or reference number.

(7)     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.

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

(a)   accurate; and

(b)   prominently displayed before a buyer is able to complete the
purchase of that ticket.

(9)     For the purposes of this section—

“secondary ticketing platform” means an internet-based facility for
the resale of tickets to events in the United Kingdom of Great
Britain and Northern Ireland, regardless of the jurisdiction in which
the owner of the service is registered;

“secondary ticketing operator” means, in relation to a secondary
ticketing platform, the person (whether incorporated or not)
operating that secondary ticketing platform;

“ticket” means anything which purports to be a ticket, including any
item, tangible or intangible, which grants the holder the right to
entry to an event;

“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;

“event organiser” means the person responsible for organising and
holding an event and receiving the revenue from the event;

the term “undertaking” has the meanings given in section 1161 of the
Companies Act 2006 (meaning of “undertaking” and related
expressions);

the terms “subsidiary undertaking” and “parent undertaking” have
the meanings given in section 1162 of the Companies Act 2006
(parent and subsidiary undertakings);

the term “person” refers to a natural person or a body corporate.

(10)     This section will come into force no later than six months after this Act is
passed.”

Clause 33

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

 

Page 21, line 40, at end insert—

“( )     Digital content as defined under section 2(9) shall carry the same rights as
goods under this Act.”

After Clause 86

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

 

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.”

Schedule 5

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

LORD BEST

 

Page 81, line 14, leave out sub-paragraphs (3) to (11)

Prepared 12th November 2014