Consumer Rights Bill

Page 58, line 2, at end insert—

“20A   (1)  A term which has the object or effect of permitting a trader engaged in
the provision of fixed broadband internet access or mobile internet
services to block, restrict or otherwise hinder the access of a consumer to
any lawful electronic communications network or electronic
communications service on the basis of an unreasonable or unusual
definition of “internet access”, “data”, “webaccess” or similar word or
phrase.

(2)     Nothing in this prohibition shall affect filters for the purpose of child
protection.

(3)     “Electronic communications network” or “electronic communications
service” shall have the same meaning as provided in section 32 of the
Communications Act 2003.”

Insert the following new Clause—

“Consumer regulators

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

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

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

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

(b)   promoting—

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

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

(iii)   the inclusion of comprehensive information on goods and
services in contract;

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

(4)     Consumer regulators shall have a duty to consider whether a proportion of
any fines levied for breaches of rights under this Act shall be used to
compensate consumers.”

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

Page 81, line 14, at beginning insert “In the case of a routine inspection,”

Page 81, line 14, leave out “that sub-paragraph” and insert “sub-paragraph (1)”

Page 81, line 24, at end insert—

“(5A)    In this paragraph “routine inspection” means an exercise of the power in
sub-paragraph (1) other than where—”

Page 81, line 25, leave out “of entry is to be” and insert “is”

Page 81, line 26, leave out “and the officer” and insert “who”

Page 81, line 29, leave out “this paragraph” and insert “sub-paragraph (3)”

Page 81, line 31, leave out “this paragraph” and insert “that sub-paragraph”

Page 81, line 38, leave out “a notice is not given, and the officer” and insert “an
officer of an enforcer enters premises under sub-paragraph (1) otherwise in the
course of a routine inspection, and”

Page 81, line 43, leave out from beginning to “finds” and insert “If an officer of an
enforcer enters premises under sub-paragraph (1) and”

Insert the following new Clause—

“Product description and advertisement

(1)     Subject to subsection (2), 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 (S.I. 1986/1082) (as amended); or

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

(2)     Subsection (1) shall not apply to products listed in Schedule (Product
description and advertisement).

(3)     Subject to subsection (4), 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.”

Insert the following new Clause—

“Product description and advertisement (No. 2)

In section 7(1) of the Weights and Measures Act 1985, for paragraph (b)
substitute—

Insert the following new Clause—

“Contravention of code regulating premium rate services

(1)     In section 120(3) of the Communications Act 2003 (conditions under section
120 must require compliance with directions given in accordance with an
approved code or with an order under section 122) before paragraph (a)
insert—

(2)     In section 121(5) of that Act (provision about enforcement that may be
made by approved code) after paragraph (a) insert—

(3)     Section 123 of that Act (enforcement by OFCOM of conditions under
section 120) is amended as follows.

(4)     After subsection (1) insert—

(5)     In subsection (2) (maximum amount of penalty) for “the penalty” substitute
“each penalty”.”

Insert the following new Schedule—

“SCHEDULE

PRODUCT DESCRIPTION AND ADVERTISEMENT

1      The following are exemptions from the requirement to display the units
specified in section (Product description and advertisment)(1)—

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

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

(c)   the capacity measure indicated on returnable containers used for
packaging liquid milk,

(d)   goods, services, land and property already on the market before
1 January 2016.

2      The Secretary of State may, by order made by statutory instrument,
which may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament, insert
items in or omit items from this list.”

Insert the following new Clause—

“Nomination of judges to the Competition Appeal Tribunal

(1)     The Enterprise Act 2002 is amended as follows.

(2)     In section 12(2)(b) (competition appeal tribunal) after “the Lord
Chancellor” insert “or nominated by the appropriate senior judge pursuant
to paragraph 2(4) of Schedule 2”.

(3)     After section 12(5) insert—

(4)     In Schedule 2 (the competition appeal tribunal) after paragraph 1(3)
insert—

(5)     In paragraph 2(1) of that Schedule after “The members appointed” insert
“by the Lord Chancellor”.

(6)     In paragraph 2(2) after “A person” insert “appointed by the Lord
Chancellor to the panel of chairmen”.

(7)     In paragraph 2(3) after “and the chairmen” insert “appointed by the Lord
Chancellor”.

(8)     In paragraph 2(4) after “remove a person” insert “appointed by him”.

(9)     In paragraph 2(6) after “remove a person” insert “appointed by him”.

(10)     In paragraph 2(7)(a) after “the person to be” insert “nominated or”.

(11)     In paragraph 2(7)(b) after “the person to be” insert “nominated or”.”

Insert the following new Clause—

“Review of operation of Schedule 8

(1)     The Secretary of State must, before the end of the period of five years
beginning with the day on which this Act is passed, appoint a person to
review generally the operation of Schedule 8 to this Act.

(2)     The review must address, in particular, the following matters—

(a)   the number and outcome of cases brought under the Schedule,

(b)   the amount paid as a result of these cases to consumers,
professional advisers and third party funders, and

(c)   the extent to which consumers overall have benefitted from the
operation of the Schedule.

(3)     After the person appointed under subsection (1) has completed his review,
he must compile a report of his conclusions.

(4)     The Secretary of State must lay before Parliament a copy of the report made
under subsection (3).”

Page 113, line 3, at end insert—

Page 113, line 4, leave out first “the” and insert “a”

Page 113, line 9, at end insert—

Page 113, line 14, leave out first “the” and insert “a”

Page 113, line 21, leave out “a person” and insert “any appropriate consumer
representative body or trade association”

Page 113, line 26, leave out from “that” to “in” in line 27 and insert “the person has
the experience and standing appropriate to the size, type and extent of the claims
to be made”

Page 113, line 26, leave out “just and reasonable” and insert “just, reasonable and
in the primary interests of the class members”

Page 114, line 25, leave out “Subject to subsection 6,”

Page 114, leave out lines 30 to 34 and insert—

Page 118, line 9, at end insert—

Page 120, line 38, at end insert—

Page 120, line 40, at end 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 and property managing
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)     In this section “property management work” has the same meaning as in
section 84 of the Enterprise and Regulatory Reform Act 2013 and a
“property managing agent” is a person who engages in property managing
work.

(5)     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)
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 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.

(6)     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.”

Insert the following new Clause—

“Protection of consumer interests in the housing sector

Schedule (Protection of consumer interests in the housing sector) has effect.”

Page 43, line 28, at end insert—

“(4A)    Subsections (4B) and (4C) apply to a letting agent engaging in letting
agency or property management work in relation to dwelling-houses in
England.

(4B)    If the agent holds money on behalf of persons to whom the agent provides
services as part of that work, the duty imposed on the agent by subsection
(2) or (3) includes a duty to display or publish, with the list of fees, a
statement of whether the agent is a member of a client money protection
scheme.

(4C)    If the agent is required to be a member of a redress scheme for dealing with
complaints in connection with that work, the duty imposed on the agent by
subsection (2) or (3) includes a duty to display or publish, with the list of
fees, a statement—

(a)   that indicates that the agent is a member of a redress scheme, and

(b)   that gives the name of the scheme.”

Page 43, line 31, at end insert “or (where applicable) a statement within subsection
(4B) or (4C)”

Page 43, line 32, at end insert—

“(6)     In this section—

“client money protection scheme” means a scheme which enables a
person on whose behalf a letting agent holds money to be
compensated if all or part of that money is not repaid to that person
in circumstances where the scheme applies;

“redress scheme” means a redress scheme for which provision is made
by order under section 83 or 84 of the Enterprise and Regulatory
Reform Act 2013.”

Insert the following new Schedule—

“SCHEDULE

PROTECTION OF CONSUMER INTERESTS IN THE HOUSING SECTOR

Prohibition of the practice of double charging

1      The Consumer Protection from Unfair Trading Regulations 2008 are
amended as follows.

2      After regulation 12, insert—

Prohibition of fees on letting of residential accommodation

3      The Consumer Protection from Unfair Trading Regulations 2008 are
amended as follows.

4      After regulation 12, insert—

Insert the following new Clause—

Qualifying institutions for the purposes of the student complaints scheme

(1)     The Higher Education Act 2004 is amended as follows.

(2)     In section 11 (qualifying institutions for the purposes of the student
complaints scheme) after paragraph (d) insert—

(3)     In section 12 (qualifying complaints for the purposes of the student
complaints scheme)—

(a)   in subsection (1) for “subsection (2)” substitute “subsections (2) and
(3)”, and

(b)   after subsection (2) insert—

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—

“High-cost short-term consumer credit market regulations

(1)     Within six months of the passing of this Act, the Secretary of State must by
regulations made by statutory instrument direct a designated body to
prohibit public communications, including promotional material and any
promotional activities, which concern a high cost consumer credit service
from targeting people below the age of 18, including by regulating the
content and timing of such communications with a view to protecting
children and other vulnerable persons from harm or exploitation.

(2)     In subsection (1), “designated body” means a body specified by the
Secretary of State in regulations made under that subsection.

(3)     A statutory instrument containing regulations under subsection (1) may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

Insert the following new Clause—

“High-cost short-term credit: unsolicited marketing

(1)     Within six months of the passing of this Act, the Secretary of State must
make regulations made by statutory instrument to prevent the sale of high-
cost short-term credit through unsolicited marketing calls.

(2)     A statutory instrument containing regulations under subsection (1) may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

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—

“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)     At the consumer’s request, which can be done by any means at any time,
including at the time of signature of the contract, forthcoming bills shall be
sent to that consumer in paper format free of charge instead of the digital
version proposed by the utilities suppliers.

(3)     If the request is introduced when the contract has already started, it will be
taken into account within 10 working days after the date of request.

(4)     This section applies equally to those who wish to pay by cheque.

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

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—

““domestic caller” means any subscriber or user, other than a non-
domestic caller, who uses a public electronic communications
service for the purpose of making a call;”.

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

““non-domestic caller” means—

(a)   a corporate subscriber that uses a public electronic
communications service for the purpose of making calls; or

(b)   any other subscriber or user who uses a public electronic
communications service for the purpose of making
unsolicited calls for direct marketing purposes;”.

(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—

“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—

“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—

“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 (OFCOM’s standards code);

(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 of complaints in a timely manner 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—

“Protection of tenants against retaliatory eviction

In section 21 of the Housing Act 1988 (recovery of possession on expiry or
termination of assured shorthold tenancy), after subsection (7) insert—

Page 48, line 12, at end insert “or 3A”

Page 48, line 16, after “3” insert “or 3A”

Page 48, line 39, leave out “Chapter 3 of this Part comes” and insert “Chapters 3 and
3A of this Part come”