Consumer Rights Bill

third
marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 11th November 2014, as follows—

Clauses 86 to 92

[Amendments marked * are new or have been altered]

After Clause 86

THE LORD BISHOP OF TRURO

LORD ALTON OF LIVERPOOL

LORD MITCHELL

47

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.”

THE LORD BISHOP OF TRURO

LORD ALTON OF LIVERPOOL

48

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.”

LORD CLEMENT-JONES

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

49

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—

“(g)   the maintenance of processes that promote the consumer
interest and competition, to include a switching regime that
is led by the receiving provider”.”

BARONESS OPPENHEIM-BARNES

50

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.”

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

50A

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—

“10A          Provision of calling and connected line identification—outgoing
calls

(1)     This regulation applies to outgoing calls made by a non-domestic
caller.

(2)     A non-domestic caller must receive the direct consent of a
consumer prior to sending marketing and advertising messages by
electronic means, such as by telephone, fax, email, text, picture or
video message, or by using an automated calling system.

(3)     The provider of a public electronic communications service shall
provide users originating a call by means of that service with a
facility to enable the presentation of calling line identification and
connected line identification to the recipient of the call.

(4)     Non-domestic callers shall ensure that calling line identification
and connected line identification is presented to the recipient of an
outgoing call, unless the recipient makes use of a facility provided
under regulation 11(2).

(5)     Where OFCOM determines that there are reasonable grounds to
exempt a non-domestic caller or group of non-domestic callers from
the requirements in paragraph (4), it may issue a notification under
this regulation.

(6)     A notification under paragraph (5) is one which—

(a)   states that the non-domestic caller or group of non-domestic
callers is exempt from the requirements in paragraph (4);

(b)   specifies the period during which the exemption applies;

(c)   imposes any conditions on the exemption that OFCOM
believes are appropriate.

(7)     OFCOM must arrange for the publication of any notifications made
under paragraph (5) in such form and manner as it considers
appropriate.

(8)     OFCOM must consider an application for a notification under
paragraph (5) made by a non-domestic caller or group of non-
domestic callers.

(9)     OFCOM may prepare and issue guidance (including altered or
replacement guidance) in relation to notifications under paragraph
(5), including as to—

(a)   factors that might affect whether a notification under
paragraph (5) is or is not given; and

(b)   the procedure that OFCOM will adopt in considering
applications made under paragraph (8).

(10)     OFCOM must arrange for the publication of any guidance issued
under paragraph (9) in such form and manner as it considers
appropriate.

(11)     In this regulation “recipient” means a subscriber whose line is the
called line or connected line with regard to an outgoing call made
by a non-domestic caller.”

(6)     After regulation 11(1) insert—

“(1A)    The provider of a public electronic communications service shall
provide subscribers to the service with a facility enabling the
presentation of the calling line identification and connected line
identification of incoming calls to the subscriber’s line.

(1B)    The facility to be provided under paragraph (1A) shall be provided
free of charge.”

(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.”

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

50B

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.”

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

50C

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.”

BARONESS HOWE OF IDLICOTE

BARONESS KING OF BOW

LORD CORMACK

BARONESS BENJAMIN

50D

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.”

BARONESS HAYTER OF KENTISH TOWN

LORD STEVENSON OF BALMACARA

50E

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—

“(8)     The Secretary of State must issue guidance on how tenants can be
protected from retaliatory eviction through the service of a notice
under this section.

(9)     For the purposes of this section, “retaliatory eviction” is defined as
when a landlord unreasonably issues a notice under this section as
a result of the tenant seeking protection of their rights under this
Act.””

BARONESS HOWE OF IDLICOTE

50F*

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—

“(6)     The Commission may give a direction under this section if the
Commission reasonably believe that—

(a)   a person or organisation who does not hold a remote
gambling licence is providing remote gambling services in
the United Kingdom; and

(b)   failure to give such a direction would deprive consumers of
remote gambling services in the United Kingdom of the
protection afforded by the licensing objectives in section 1 of
this Act.

(7)     A direction under this section may be given to—

(a)   a particular person operating in the financial sector,

(b)   any description of persons operating in that sector, or

(c)   all persons operating in that sector.

(8)     A direction under subsection (6) may require a relevant person not
to enter into or continue to participate in—

(a)   a specified transaction or business relationship with a
designated person,

(b)   a specified description of transactions or business
relationships with a designated person, or

(c)   any transaction or business relationship with a designated
person.

(9)     Any reference in this section to a person operating in the financial
sector is to a credit or financial institution that—

(a)   is a United Kingdom person, or

(b)   is acting in the course of a business carried on by it in the
United Kingdom.

(10)     In this section—

“credit institution” and “financial institution” have the
meanings given in paragraph 5 of Schedule 7 to the
Counter-Terrorism Act 2008;

“designated person”, in relation to a direction, means any of
the persons in relation to whom the direction is given;

“relevant person”, in relation to a direction, means any of the
persons to whom the direction is given.””

BARONESS GARDNER OF PARKES

50G*

Insert the following new Clause—

“Lettings and property management disputes: costs

In the Landlord and Tenant Act 1985, after section 20C (limitation of service
charges: costs of proceedings), insert—

“20D          Unenforceable service charges: costs of proceedings

(1)     Every contract or leasehold agreement between a landlord and a
tenant, who is not leasing property in the course of business, is to be
treated as including a term that all or any of the costs incurred, or
to be incurred, by the landlord in connection with proceedings
before a court, residential property tribunal or leasehold valuation
tribunal or the First-tier Tribunal, or the Upper Tribunal, or in
connection with arbitration proceedings, are not to be regarded as
relevant costs to be taken into account in determining the amount
of any service charge payable by the tenant.

(2)     Unless there is express provision to the contrary, this section shall
apply to contracts or leasehold agreements that were made before
the commencement of this section and the provisions of this section
may not be excluded in any extensions, variations or renewals of
such contracts and leasehold agreements or in any subsequent
contracts of leasehold agreements.””

Clause 88

BARONESS NEVILLE-ROLFE

51

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

52

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

Clause 91

BARONESS NEVILLE-ROLFE

53

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

Prepared 25th November 2014