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Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
112
Page 137, line 16, leave out Clause 192.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
113
Page 138, line 20, leave out Clause 194.
Mr Gareth R. Thomas
163
Clause 195, page 138, line 38, leave out '(9)' and insert '(10)'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
115
Clause 195, page 139, line 13, leave out from 'infringes' to end of line 23 and insert 'an offence under section 179 of the Enterprise Act 2002'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
116
Clause 195, page 140, line 30, leave out '15' and insert '5'.
Miss Melanie Johnson
174
Clause 195, page 142, line 2, at end insert—
'(3A) In section 8A (variation etc of disqualification undertaking) after subsection (2) there is inserted the following subsection—
"(2A) Subsection (2) does not apply to an application in the case of an undertaking given under section 9B, and in such a case on the hearing of the application whichever of the OFT or a specified regulator (within the meaning of section 9E) accepted the undertaking—
| (a) | must appear and call the attention of the court to any matters which appear to it or him (as the case may be) to be relevant; |
| (b) | may give evidence or call witnesses." |
(3B) In section 8A for subsection (3) there is substituted—
"(3) In this section "the court"—
| (a) | in the case of an undertaking given under section 9B means the High Court or (in Scotland) the Court of Session; |
| (b) | in any other case has the same meaning as in section 7(2) or 8 (as the case may be).".' |
Miss Melanie Johnson
175
Clause 195, page 142, line 19, leave out from 'there' to end of line 22 and insert 'are inserted the following subsections—
"(6) Subsection (5) does not apply to an application for leave for the purposes of section 1(1)(a) if the application for the disqualification order was made under section 9A.
(7) In such a case and in the case of an application for leave for the purposes of section 9B(4) on the hearing of the application whichever of the OFT or a specified regulator (within the meaning of section 9E) applied for the order or accepted the undertaking (as the case may be)—'.
Mr Gareth R. Thomas
164
Clause 195, page 142, line 36, at end add—
'(10) After section 22B insert—
"22C. Application of Act to industrial and provident societies
| (1) | This Act applies to industrial and provident societies as it applies to companies. |
| (2) | References in this Act to a company, or to a director or an officer of a company include, respectively, references to an industrial and provident society within the meaning of the Industrial and Provident Societies Acts 1965 to 1978 or to a committee member or officer, within the meaning of those Acts, of an industrial and provident society. |
| (3) | In relation to an industrial and provident society the definition of 'shadow director' in section 22(5) applies with the substitution of 'industrial and provident society' for 'company'. |
| (4) | In the application of Schedule 1 to the committee members and officers of an industrial and provident society, references to provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of the Industrial and Provident Societies Acts 1965 to 1978.".'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
114
Page 138, line 36, leave out Clause 195.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
41
Page 144, line 4, leave out Clause 200.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
46
Clause 202, page 145, line 32, after '(2)', insert 'or is an unfair commercial practice'.
Miss Melanie Johnson
167
Clause 202, page 145, line 43, at end insert—
| '(e) | an act done or omission made by a person supplying or seeking to supply goods or services as a result of which an agreement or security relating to the supply is void or unenforceable to any extent; |
| (f) | an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to exercise a right or remedy relating to the supply in circumstances where the exercise of the right or remedy is restricted or excluded under or by virtue of an enactment; |
| (g) | an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to avoid (to any extent) liability relating to the supply in circumstances where such avoidance is restricted or prevented under an enactment.'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
47
Clause 202, page 146, line 19, at end add—
'(8) For the purposes of this section an "unfair commercial practice" is an act, omission or course of conduct, whether or not it involves a contravention of any enactment or rule of law, which contrary to the requirement of good faith, is deceptive or unfair and which causes detriment to the economic interests of one or more consumers.
(9) In determining whether an act, omission or course of conduct amounts to an unfair commercial practice, the court shall take into account—
| (a) | the nature of the goods or services in question; |
| (b) | the circumstances of the consumer or consumers in question, including their ability to understand the character, nature and language of any prospective or actual obligation; |
| (c) | the terms of any contract related to the act, omission or course of conduct; |
and the court may have regard to whether it involved or involves any of the following—
| (d) | any misleading or deceptive statement made by the person in question; |
| (e) | any undue influence or pressure exerted by that person on a consumer; |
| (f) | any exploitation by that person of a consumer not reasonably able to protect his own interests because of physical or mental infirmity; |
| (g) | any failure by that person to disclose any information which a reasonable consumer would expect to receive in the circumstances; |
| (h) | any failure by that person to comply with a consumer code of practice (as defined in section 8(4) of this Act) which he claims to follow. |
(10) Without prejudice to the generality of subsection (9) above, the following are indicative and non-exhaustive examples of acts, omissions or conduct which may be regarded as unfair commercial practices—
| (a) | refusing to leave a consumer's home until a contract has been signed; |
| (b) | putting pressure on a consumer to sign a contract by stating that the same goods, service or price will not be available later when this is not the case; |
| (c) | exaggerating the dangers to which a consumer may be subject to persuade him to buy an insurance policy or other protection product; |
| (d) | pressurising a consumer to sign a contract without a reasonable opportunity to study its contents; |
| (e) | without good reason accompanying a consumer from his home to obtain money for a purchase; |
| (f) | selling goods or services which are clearly unsuitable, having regard to the consumer's apparent disability or infirmity; |
| (g) | awarding a prize which promises a free offer or reduction in price for goods or services which are not in fact available; |
| (h) | promising a prize or award or where the cost of claiming it exceeds the value of the prize or award or where the value of the prize or award cannot be used without further unrevealed expense by the consumer; |
| (i) | unreasonably delaying consideration of a complaint by a consumer under the terms of the contract or requiring the consumer to meet onerous conditions before the complaint is considered; |
| (j) | unreasonably delaying consideration of a claim under an insurance policy or other protection product; |
| (k) | failure to keep a consumer reasonably informed about matters related to a contract which affects him; |
| (l) | obstructing a consumer who attempts to terminate a contract.'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
159
Clause 204, page 147, leave out lines 29 and 30, and insert—
'(9) No such order may be made under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
81
Clause 205, page 148, line 2, leave out 'consultation' and insert 'communication'.
Dr Vincent Cable
Mr Alistair Carmichael
Dr John Pugh
82
Clause 205, page 148, line 4, leave out 'consultation' and insert 'communication'.
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