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NOTICES OF AMENDMENTSgiven up to and includingTuesday 1st March 2005New Amendments handed in are marked thus * CONSIDERATION OF BILL
NEW CLAUSESDisapplication of section 101 of the 1974 Act
Ms Secretary Hewitt NC1 To move the following Clause:—'(1) In section 101 of the 1974 Act (right of hirer to terminate regulated consumer hire agreement) after subsection (8) insert— "(8A) If it appears to the OFT that it would be in the interests of hirers to do so, it may by general notice direct that, subject to such conditions (if any) as it may specify, this section shall not apply to a consumer hire agreement if the agreement falls within a specified description; and this Act shall have effect accordingly." (2) In subsection (8) of that section for the words from "this section" onwards substitute ", subject to such conditions (if any) as it may specify, this section shall not apply to consumer hire agreements made by the applicant; and this Act shall have effect accordingly".'.
Maximum levels of interest and other charges
Adam Price NC2 To move the following Clause:—'(1) The Office of Fair Trading shall publish, at least annually, the range of interest rates and ancillary charges currently on the market for specified products. (2) The Office of Fair Trading shall, within 14 days of publishing the information provided for under subsection (1)—
(3) Where, on receipt of the report from the Office of Fair Trading, the Secretary of State considers that the cost of credit for any particular product, or within any sector of the consumer credit market, taken together with any charges made for ancillary services usually sold together with regulated agreements, are causing widespread consumer detriment, he may by order introduce regulations requiring the Office of Fair Trading to set out maximum permitted levels of interest and other charges for particular products or in particular sectors of the consumer credit market. (4) Regulations as provided for under subsection (3) may not be laid unless the Secretary of State has first published a notice of intention to do so, and not less than 52 weeks have elapsed since the publication of such notice. (5) During the period of the notice, the Office of Fair Trading shall—
(6) Where a creditor charges a rate of interest or makes a charge that is in excess of any permitted maximum imposed under subsection (3), then the agreement will be unlawful and unenforceable against the debtor and the creditor shall be liable for a civil penalty. (7) Regulations introduced under subsection (3) may provide for maximum levels of interest and other charges to be—
Data Protection Act 1998 (c. 29)
Mr Laurence Robertson NC3 *To move the following Clause:—'In Schedule 2 to the Data Protection Act 1998 (conditions relevant for purposes of the first principle: processing of any personal data), in paragraph (1), at the end insert—
Standard method for the calculation of interest accrued
Malcolm Bruce NC4 *To move the following Clause:—'(1) The Office of Fair Trading shall consult financial agencies and produce a standard method for the calculation of interest accrued to enable direct comparison between products.'.
Further duties of the Office of Fair Trading
Malcolm Bruce NC5 *To move the following Clause:—'(1) The Office of Fair Trading (OFT) shall periodically, and at least annually, publish the range of interest rates and ancillary charges on the market for specified products. (2) The OFT shall publish court rulings and details of cases brought before the ombudsman on levels of interest rates and ancillary charges for agreements deemed unfair under section 19 and report on these findings to the Secretary of State.'.
Ms Secretary Hewitt 1 Page 5, line 31 [Clause 6], leave out 'on the day' and insert 'immediately'.
Ms Secretary Hewitt 2 Page 5, line 34 [Clause 6], leave out first 'on' and insert 'at the end of'.
Ms Secretary Hewitt 3 Page 9, line 29 [Clause 11], leave out 'on the day' and insert 'immediately'.
Ms Secretary Hewitt 4 Page 9, line 31 [Clause 11], leave out 'on' and insert 'at the end of'.
Ms Secretary Hewitt 5 Page 11, line 27 [Clause 16], at end insert—'( ) In section 32(1) of the Sheriff Courts (Scotland) Act 1971 (c.58) (regulation of civil procedure in sheriff court) after paragraph (l) insert—
to be represented by a person who is neither an advocate nor a solicitor." ( ) In section 32(2B) of the Solicitors (Scotland) Act 1980 (c.46) (offence for unqualified persons to prepare certain documents)—
Ms Secretary Hewitt 6 Page 12, line 11 [Clause 17], leave out 'on the day' and insert 'immediately'.
Ms Secretary Hewitt 7 Page 12, line 12 [Clause 17], leave out first 'on' and insert 'at the end of'.
Malcolm Bruce 21 *Page 13, line 19 [Clause 19], at end insert—'(2A) For the purposes of this section, an agreement shall be automatically unfair if the court determines that—
Ms Secretary Hewitt 8 Page 13, line 25 [Clause 19], leave out 'one or more' and insert 'all or any of the'.
Ms Secretary Hewitt 9 Page 18, line 33 [Clause 26], leave out 'business' and insert 'consumer credit business or a consumer hire business (as the case may be)'.
Ms Secretary Hewitt 10 Page 18, line 41 [Clause 26], leave out 'business' and insert 'consumer credit business or a consumer hire business (as the case may be)'.
Ms Secretary Hewitt 11 Page 19, line 4 [Clause 26], leave out 'business' and insert 'consumer credit business or a consumer hire business (as the case may be)'.
Ms Secretary Hewitt 12 Page 19, line 21 [Clause 26], at end insert—'(8) This section (apart from subsection (1)) does not apply to a regulated agreement made by a person if by virtue of section 21(2) or (3) he was not required to be licensed to make the agreement. (9) Subsection (1) does not apply to the enforcement of a regulated agreement by a person if by virtue of section 21(2) or (3) he is not required to be licensed to enforce the agreement.'.
Ms Secretary Hewitt 13 Page 19, line 22 [Clause 26], leave out subsection (5).
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