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Session 2006-07
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Notices of Amendments


given on

Monday 19th March 2007

Public Bill Committee


Consumers, Estate Agents & Redress Bill [Lords]


Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

1

Clause 5, page 3, line 36, leave out ‘before each financial year publish’ and insert ‘publish triennially’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

2

Clause 3, page 2, line 43, leave out subsection (3).

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

3

Clause 3, page 3, line 6, at end insert—

        ‘(d) a person who purchases, uses or receives goods or services for the purpose of their own business.’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

4

Clause 3, page 3, line 4, leave out paragraph (b).

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

5

Clause 5, page 4, line 5, after second ‘the’, insert ‘measurable’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

6

Clause 5, page 4, line 12, at end insert—

        ‘(c) expenditure incurred under subsection (3) must not exceed such amount as may be prescribed in regulations.’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

7

Clause 6, page 4, line 43, leave out ‘have regard to’ and insert ‘implement’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

8

Clause 6, page 5, line 9, leave out ‘have regard to the need to’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

9

Clause 6, page 4, line 42, at end insert—

        ‘(a) the Council must, at all times, act independently of Government, regulators and providers of goods and services’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

10

Clause 10, page 6, line 31, leave out ‘may’ and insert ‘must’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

11

Clause 10, page 6, line 31, leave out from ‘facilitate’ to end of line 32 and insert ‘disseminate advice and information to consumers—’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

12

Clause 22, page 12, line 36, at end add—

      ‘( ) The Secretary of State must publish the reasons for any approval given under paragraph 22(4)(b).’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

13

Clause 30, page 17, line 25, leave out subsection (2).

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

14

Clause 11, page 7, line 10, at end insert ‘and provide an account of how its resources were used in an efficient way.’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

15

Clause 11, page 7, line 11, leave out subsection (2).

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

16

Clause 18, page 11, line 5, leave out ‘may’ and insert ‘shall’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

17

Clause 18, page 11, line 5, at end add—

      ‘(3) In exercising the powers under this section the Secretary of State shall respect the independence of the Council.’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

18

Clause 20, page 11, line 37, at end insert—

        ‘(e) prior to making an appointment under subsection (2)(d), the Secretary of State must consult such persons as would be affected by such an appointment.’.

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

19

Clause 20, page 12, line 3, leave out ‘As soon as practicable’ and insert ‘No later than six months’.

Lettings

Charles Hendry
Mr Tobias Ellwood
Mr Alan Duncan
Mr Mark Prisk

NC1

    To move the following Clause:—

      ‘(1) Section 1 of the Estate Agents Act 1979 (c. 38) (estate agency work) is amended as follows.

      (2) In subsection (1) after “land”, insert “or who wishes to let, rent or manage residential property”.

      (3) In subsection (1)(a), after “such an interest”, insert “or manage, rent or, as the case may be, let such a residential interest”.

      (4) In subsection (1)(b), after “of that interest”, insert “or the management, letting or, as the case may be, renting of that residential interest”.’.

Susan Kramer
Lorely Burt

20

Clause 4, page 3, line 33, at end add—

      ‘(6) An order under subsection (2) above is to be made by statutory instrument.

      (7) No such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

Susan Kramer
Lorely Burt

21

Clause 6, page 5, line 15, leave out from ‘must’ to second ‘to’ in line 16 and insert ‘develop policies and discharge its duties so that it contributes’.

Susan Kramer
Lorely Burt

22

Clause 30, page 17, line 25, leave out subsection (2) and insert—

      ‘(2) The Secretary of State may make an order by statutory instrument to abolish The Consumer Council for Postal Services, provided that—

        (a) no such order shall be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament, and

        (b) no such order shall be made before 2010.’.

Standards of competence

Susan Kramer
Lorely Burt

NC2

    To move the following Clause:—

      ‘(1) Section 22 of the Estate Agents Act 1979 (c.38) (Standards of competence) is amended as follows.

      (2) For subsections (1) and (2) substitute—

      “(1) The Secretary of State will by regulations made by statutory instrument designate any body of persons as an approved body to which people engaged in estate agency work, including both the sale and lettings of residential property, must belong.

      (2) The approved bodies must make membership conditional on signing up to rules and codes of conduct, which will—

        (a) prescibe minimum competency standards;

        (b) ensure that firms have adequate professional indemnity insurance and, as appropriate, clients money protection insurance;

        (c) require a minimum level of professional development per year; and

        (d) require membership of a redress scheme.’.

Susan Kramer
Lorely Burt

23

Schedule 6, page 62, line 29, leave out ‘may’ and insert ‘shall’.

Susan Kramer
Lorely Burt

24

Schedule 6, page 62, line 29, at end insert ‘(a)’.

Susan Kramer
Lorely Burt

25

Schedule 6, page 62, line 31, after ‘work’, insert—

        ‘(b) developing and directly selling residential property to members of the public; or

        (c) facilitating temporary periods of residence to members of the public at residential property not owned by those members of the public;’.

Susan Kramer
Lorely Burt

26

Schedule 6, page 68, line 25, leave out ‘£1,000’ and insert ‘£10,000’.


 
 
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Prepared: 20 March 2007