Consumer Rights Bill

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 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.”