SCHEDULE 8 continued PART 2 continued
Consumer Rights BillPage 130
25 In each of paragraphs 4(c) and 5(1)(c)—
(a) for “47B(6)” substitute “47C(3) or (4)”; and
(b)
for “specified body concerned” substitute “representative in the
proceedings under section 47B of that Act”.
26 5In paragraph 6—
(a) for sub-paragraph (a) substitute—
“(a)
awards damages to a person in respect of a claim
made or continued on behalf of that person (but is
not the subject of an order under section 47C(3) or
10(4) of that Act); or”;
(b) in sub-paragraph (b)—
(i) for “an individual” substitute “a person”,
(ii) for “his behalf” substitute “behalf of that person”; and
(c) in the full-out words at the end, for “individual” substitute “person”.
27 15In paragraph 7—
(a) for “specified body” substitute “representative”; and
(b) for “individual” substitute “person”.
28 In paragraph 9—
(a) the existing provision is numbered as sub-paragraph (1), and
(b) 20after that provision insert—
“(2)
In this Schedule, where a paragraph is capable of applying
to proceedings relating to the approval of a collective
settlement under section 49A or 49B of the 1998 Act, any
reference in that paragraph to “proceedings” includes a
25reference to those proceedings.”
29 In paragraph 11(2), for paragraph (a) substitute—
“(a)
make further provision as to procedural aspects of the
operation of the limitation or prescriptive periods in
relation to claims which may be made in proceedings
30under section 47A of the 1998 Act, as set out in section
47E(3) to (6) of that Act;”.
30 For paragraph 13 substitute—
“13 (1) Tribunal rules may provide for the Tribunal—
(a)
to reject a claim made under section 47A of the 1998 Act or
35a section 47B claim if it considers that there are no
reasonable grounds for making it;
(b) to reject a section 47B claim if—
(i)
the Tribunal declines to make a collective
proceedings order in respect of the proceedings
40under section 47B of the 1998 Act,
(ii)
the Tribunal makes a collective proceedings order
in respect of the proceedings, but the order does
not provide that the claim in question is eligible for
inclusion in the proceedings,
(iii)
45the Tribunal revokes the collective proceedings
order in respect of the proceedings, or
Consumer Rights BillPage 131
(iv)
the Tribunal varies the collective proceedings order
in such a way that the claim in question is no longer
included in the proceedings;
(c)
to reject a section 47B claim if the claim had been
5previously made in proceedings under section 47A of the
1998 Act by a person who has not consented to its being
continued in proceedings under section 47B of that Act.
(2)
In this paragraph, “a section 47B claim” means a claim made in
proceedings under section 47B of the 1998 Act at the
10commencement of those proceedings.”
31 After paragraph 15 insert—
15A
(1)
Tribunal rules may make provision in relation to a fast-track
procedure for claims made in proceedings under section 47A of
15the 1998 Act, including describing the factors relevant to
determining whether a claim is suitable to be dealt with according
to that procedure.
(2)
Tribunal rules may make different provision for claims in
proceedings under section 47A of the 1998 Act which are and
20which are not subject to the fast-track procedure.
(3) Tribunal rules may, in particular, provide for the Tribunal to—
(a)
grant an interim injunction on a claim in proceedings
under section 47A of the 1998 Act which is subject to the
fast-track procedure to a person who has not given an
25undertaking as to damages, or
(b)
impose a cap on the amount that a person may be required
to pay under an undertaking as to damages given on the
granting of such an interim injunction.
(4)
In sub-paragraph (3) “an undertaking as to damages” means an
30undertaking to pay damages which a person sustains as a result of
the interim injunction and which the Tribunal considers the
person to whom the injunction is granted should pay.
15B
(1)
Tribunal rules may make provision in relation to collective
35proceedings under section 47B of the 1998 Act.
(2)
Rules under sub-paragraph (1) must in particular make provision
as to the following matters—
(a)
the procedure governing an application for a collective
proceedings order;
(b)
40the factors which the Tribunal must take into account in
deciding whether a claim is suitable to be brought in
collective proceedings (but rules need not make provision
in connection with the determination as to whether claims
raise the same, similar or related issues of fact or law);
Consumer Rights BillPage 132
(c)
the factors which the Tribunal must take into account in
deciding whether to authorise a person to act as a
representative in collective proceedings;
(d)
the procedure by which the Tribunal is to reach a decision
5as to whether to make a collective proceedings order;
(e)
the procedure by which a person may opt in or opt out of
collective proceedings;
(f)
the factors which the Tribunal must take into account in
deciding whether to vary or revoke a collective
10proceedings order;
(g) the assessment of damages in collective proceedings;
(h)
the payment of damages in collective proceedings,
including the procedure for publicising an award of
damages;
(i)
15the effect of judgments and orders in collective
proceedings.
15C
(1)
Tribunal rules may make provision in relation to collective
settlements under sections 49A and 49B of the 1998 Act.
(2)
20Rules under sub-paragraph (1) must in particular make provision
as to the following matters—
(a)
the procedure governing an application for approval of a
proposed collective settlement;
(b)
where section 49B applies, the factors which the Tribunal
25must take into account in deciding whether to make a
collective settlement order (but rules need not make
provision in connection with the determination as to
whether claims raise the same, similar or related issues of
fact or law);
(c)
30where section 49B applies, the factors which the Tribunal
must take into account in deciding whether to authorise a
person to act as a settlement representative in relation to a
collective settlement;
(d)
where section 49B applies, the procedure by which the
35Tribunal is to reach a decision as to whether to make a
collective settlement order;
(e)
the factors which the Tribunal must take into account in
deciding whether to approve a proposed collective
settlement;
(f)
40the procedure by which the Tribunal is to reach a decision
as to whether to approve a collective settlement;
(g)
the procedure by which a person may opt in or opt out of
a collective settlement;
(h)
the payment of compensation under a collective
45settlement, including the procedure for publicising a
compensation award.”
32 In paragraph 17 (conduct of the hearing)—
Consumer Rights BillPage 133
(a) after sub-paragraph (1)(h) insert—
“(ha)
allowing the Tribunal to order payments in respect
of the representation of a party to proceedings
under section 47A or 47B of the 1998 Act, where the
5representation by a legal representative was
provided free of charge;”;
(b) in sub-paragraph (2)—
(i) for “an individual” substitute “a person”; and
(ii) for “that individual” substitute “that person”;
(c) 10after sub-paragraph (2) insert—
“(2A)
Rules under sub-paragraph (1)(h) may provide for costs or
expenses to be awarded to or against a person on whose
behalf a claim is made or continued in proceedings under
section 47B of the 1998 Act in respect of an application in
15the proceedings made by that person (where that
application is not made by the representative in the
proceedings on that person’s behalf).”; and
(d) in sub-paragraph (3), for “an individual” substitute “a person”.
33 After paragraph 20 insert—
20A
(1)
In relation to proceedings in England and Wales or Northern
Ireland under section 47A or 47B of the 1998 Act, Tribunal rules
may make provision as to the stay of the proceedings, including as
to—
(a)
25the circumstances in which a stay may be ordered or
removed at the request of a party to the proceedings,
(b)
the circumstances in which the proceedings may be stayed
at the instance of the Tribunal, and
(c) the procedure to be followed.
(2)
30In relation to proceedings in Scotland under section 47A or 47B of
the 1998 Act, Tribunal rules may make provision as to the sist of
the proceedings, including as to—
(a)
the circumstances in which a sist may be granted or
recalled at the request of a party to the proceedings,
(b)
35the circumstances in which the proceedings may be sisted
at the instance of the Tribunal, and
(c) the procedure to be followed.
(3)
Rules under sub-paragraph (1) or (2) may in particular make
provision in relation to the stay or sist of proceedings under
40section 47A or 47B which relate to a claim in respect of an
infringement decision (as defined in section 47A(6)) which has not
become final (see section 58A of the 1998 Act).”
Consumer Rights BillPage 134
34 After paragraph 21 insert—
21A
Tribunal rules may make provision in relation to the grant of
injunctions (including interim injunctions) in proceedings under
5section 47A or 47B of the 1998 Act.”
35 In paragraph 23(3), for “an individual” substitute “a person”.
36 In paragraph 25, after “transfer of” insert “all or any part of”.
37
10In the Courts and Legal Services Act 1990, in section 58AA (damages-based
agreements), after subsection (10) insert—
“(11)
Subsection (1) is subject to section 47C(8) of the Competition Act
1998.”
Section 87
1
(1)
Before imposing a financial penalty on a letting agent for a breach of a duty
imposed by or under section 83, a local weights and measures authority
must serve a notice on the agent of its proposal to do so (a “notice of intent”).
(2)
20The 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) 25at 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) 30the reasons for proposing to impose the penalty, and
(c)
information about the right to make representations under
paragraph 2.
2
The letting agent may, within the period of 28 days beginning with the day
35after 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.
Consumer Rights BillPage 135
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,
5and
(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
10days 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) 15the period for payment of the penalty,
(e) information about rights of appeal, and
(f) the consequences of failure to comply with the notice.
4 (1) A local weights and measures authority may at any time—
(a) 20withdraw 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.
5
(1)
25A 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
30local 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) 35the 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)
40If a letting agent appeals under this paragraph, the final notice is suspended
until the appeal is finally determined or withdrawn.
Consumer Rights BillPage 136
(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
5impose a financial penalty of more than £5,000.
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)
10The 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)
15signed 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)
20A 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)
25In this paragraph “chief finance officer” has the same meaning as in section
5 of the Local Government and Housing Act 1989.