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Notices of Amendments given up to and including Friday 13th April 2007 New Amendments handed in are marked thus * Other Amendments not tabled within the required notice period are marked thus # Public Bill Committee Consumers, Estate Agents & Redress Bill [Lords] Mr Ian McCartney To move, That the Bill be considered in the following order, namely, Clause 1; Schedule 1; Clauses 2 to 25; Schedule 2; Clauses 26 to 30; Schedule 3; Clauses 31 to 35; Schedule 4; Clauses 36 to 45; Schedule 5; Clauses 46 to 53; Schedule 6; Clauses 54 to 67; Schedules 7 and 8; new Clauses; new Schedules; remaining proceedings on the Bill. Mr Ian McCartney That, subject to the discretion of the Chairman, any written evidence received by the Committee shall be reported to the House for publication.
Ian McCartney 59 Schedule 1, page 53, line 7, leave out from ‘(b)’ to ‘before’ and insert ‘send a copy of the certified statement and the Comptroller and Auditor General’s report to the Secretary of State, who shall lay them’. Charles Hendry
2 Clause 3, page 2, line 43, leave out subsection (3). Mrs Sharon Hodgson 70 # Clause 3, page 3, line 3, at end insert— ‘(ab) goods and services include those provided by means of the internet;’. Charles Hendry
4 Clause 3, page 3, line 4, leave out paragraph (b). Charles Hendry
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
1 Clause 5, page 3, line 36, leave out ‘before each financial year publish’ and insert ‘publish triennially’. Charles Hendry
5 Clause 5, page 4, line 5, after second ‘the’, insert ‘measurable’. Susan Kramer
43 Clause 5, page 4, line 10, leave out ‘(if any)’. Charles Hendry
6 Clause 5, page 4, line 12, at end insert— ‘(3A) Expenditure incurred under subsection (3) must not exceed such amount as may be prescribed in regulations.’. Charles Hendry
9 Clause 6, page 4, line 42, at end insert— ‘(1A) The Council must, at all times, act independently of Government, regulators and providers of goods and services.’. Charles Hendry
7 Clause 6, page 4, line 43, leave out ‘have regard to’ and insert ‘implement’. Charles Hendry
8 Clause 6, page 5, line 9, leave out ‘have regard to the need to’. Susan Kramer
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
44 Clause 8, page 6, line 5, leave out ‘may’ and insert ‘shall’. Susan Kramer
45 Clause 8, page 6, line 14, after ‘any’, insert ‘appropriate’. Susan Kramer
46 Clause 8, page 6, line 15, after ‘organisation’, insert ‘, where appropriate’. Charles Hendry
10 Clause 10, page 6, line 31, leave out ‘may’ and insert ‘must’. Charles Hendry
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
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
15 Clause 11, page 7, line 11, leave out subsection (2). Susan Kramer
47 Clause 12, page 7, line 18, after ‘vulnerable’, insert ‘or otherwise disadvantaged’. Susan Kramer
48 Clause 12, page 7, line 30, leave out ‘may’ and insert ‘shall’. Susan Kramer
49 Clause 13, page 8, line 3, after ‘transporter’, insert ‘, or there appears to the Council to be a reasonable probability of such a threat being made’. Susan Kramer
50 Clause 13, page 8, line 9, after ‘supplier’, insert ‘, or there appears to the Council to be a reasonable probability of such a threat being made’. Susan Kramer
51 Clause 13, page 8, line 18, after ‘holder’, insert ‘, or there appears to the Council to be a reasonable probability of such a threat being made’. Susan Kramer
52 Clause 13, page 9, line 22, after ‘payment’, insert ‘, or ‘(iii) A failure of an authorised supplier to recalibrate a repayment meter at the consumer’s premises within one month of any change in tariffs charged by that supplier for supply of gas or electricity.’. Susan Kramer
53 Clause 13, page 9, line 41, at end add— ‘(8) If the Council refuses to investigate a complaint under subsection (4) it must write to the complainant as soon as reasonably possible, setting out— (a) its decision not to investigate the complaint, and (b) the reasons for its decision.’. Charles Hendry
16 Clause 18, page 11, line 5, leave out ‘may’ and insert ‘shall’. Charles Hendry
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.’. Mrs Sharon Hodgson 71 # Clause 19, page 11, line 10, at end insert— ‘, including the right of online consumers to online complaints mechanisms.’. Susan Kramer
55 Clause 19, page 11, line 11, leave out ‘may’ and insert ‘shall’. Susan Kramer
54 Clause 19, page 11, line 13, after ‘consumers’, insert ‘or is otherwise in the public interest’. Charles Hendry
18 Clause 20, page 11, line 37, at end insert— ‘(2A) 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
19 Clause 20, page 12, line 3, leave out ‘As soon as practicable’ and insert ‘No later than six months’. Charles Hendry
12 Clause 22, page 12, line 36, at end add— ‘(6) The Secretary of State must publish the reasons for any approval given under paragraph 22(4)(b).’. Susan Kramer
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.’. Charles Hendry
13 Clause 30, page 17, line 25, leave out subsection (2). Susan Kramer
56 Clause 31, page 18, line 15, at end add— ‘(5) No order under subsection (1) above is to be made before 2011.’. Mrs Sharon Hodgson 72 # Clause 37, page 21, line 33, after ‘description’, insert ‘, including online consumers’. Charles Hendry
29 Clause 37, page 22, line 3, at end insert ‘, including companies and industry experts who would be affected by such an order’. Charles Hendry
33 Clause 43, page 26, line 3, leave out ‘may’ and insert ‘shall’. Ian McCartney 60 Clause 43, page 26, line 3, leave out ‘may make regulations prescribing’ and insert ‘must by regulations prescribe’. Charles Hendry
34 Clause 43, page 26, line 5, leave out ‘may’ and insert ‘shall’. Charles Hendry
30 Clause 43, page 26, line 7, leave out ‘may’ and insert ‘shall’. Ian McCartney 61 Clause 43, page 26, line 14, at end insert— (5B) In subsection (5A) “prescribed” means prescribed by order made by the Secretary of State under this section. (5C) Before prescribing a date in relation to a regulator for the purposes of subsection (5A), the Secretary of State must consult— (a) the regulator, (b) the Council, and (c) such other persons as the Secretary of State considers appropriate.’. Charles Hendry
31 Clause 43, page 26, line 15, leave out subsection (6). Ian McCartney 62 Clause 44, page 26, line 28, leave out paragraph (a) and insert— ‘(a) set out the standards the regulator proposes to prescribe,’. Ian McCartney 63 Clause 45, page 26, line 37, leave out ‘where standards are’ and insert ‘in relation to standards’. Ian McCartney 64 Schedule 5, page 61, line 16, leave out ‘where standards are’ and insert ‘in relation to standards’. Ian McCartney 65 Schedule 5, page 61, line 32, leave out ‘where standards are’ and insert ‘in relation to standards’. Ian McCartney 66 Schedule 5, page 62, line 11, leave out ‘where standards are’ and insert ‘in relation to standards’. Charles Hendry
32 Clause 47, page 27, line 19, leave out paragraph (b). Charles Hendry
35 Clause 49, page 28, line 40, leave out ‘relevant’. Charles Hendry
36 Clause 49, page 29, line 18, at end insert— ‘(e) membership of such a scheme requires a supplier to have in place and operate appropriate and effective internal complaint handling procedures.’. Charles Hendry
37 Clause 49, page 30, line 1, leave out ‘public’. Charles Hendry
38 Clause 49, page 30, line 3, leave out ‘public’. Charles Hendry
39 Clause 50, page 30, line 25, leave out from ‘scheme’ to end of line 26. Susan Kramer
23 Schedule 6, page 62, line 29, leave out ‘may’ and insert ‘shall’. Susan Kramer
24 Schedule 6, page 62, line 29, at end insert ‘(a)’. Susan Kramer
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;’. Mr Clive Betts 58 Schedule 6, page 62, line 31, after ‘work”)’, insert— ‘(b) developing, directly marketing and selling residential property to members of the public’. Charles Hendry
40 Schedule 6, page 63, line 7, leave out subsection (5) and insert— ‘(5) An order shall be made by statutory instrument, which must not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.’. Charles Hendry
41 Schedule 6, page 65, line 7, leave out ‘may’ and insert ‘must’. Charles Hendry
42 Schedule 6, page 65, line 19, leave out ‘a’ and insert ‘the’. Susan Kramer
26 Schedule 6, page 68, line 25, leave out ‘£1,000’ and insert ‘£10,000’. Charles Hendry
27 Schedule 6, page 68, line 25, leave out ‘£1,000’ and insert ‘£3,000’. Charles Hendry
28 Schedule 6, page 70, line 31, at end add— ‘5 In section 3(8) (orders by Director General of Fair Trading) for “the statutory maximum” substitute “£10,000”.’. Charles Hendry
68 Clause 58, page 36, line 33, leave out ‘the thing that’ and insert ‘that which’. Charles Hendry
69 Clause 59, page 37, line 31, at end insert— ‘( ) Regulations in this section may make provision for the exemption of certain service providers.’. Ian McCartney 67 Clause 67, page 41, line 18, leave out subsection (2). New Clauses Lettings Charles Hendry
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”.’. Standards of competence Susan Kramer
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.”.’. Definition of ‘estate agency work’ Charles Hendry
NC3 To move the following Clause:— ‘After subsection 1(1) of the Estate Agents Act 1979 (c. 38) insert— (1A) In this Act the expression “estate agency work” also refers to persons— (a) developing and selling; and (b) directly selling residential property to members of the public.”.’. Monitoring by Office of Fair Trading Mr Clive Betts NC4 To move the following Clause:— ‘(1) The Estate Agents Act 1979 (c. 38) is amended as follows. (2) After section 22 insert— “22A Monitoring of compliance by Office of Fair Trading (1) An estate agent shall be obliged to register with the OFT and shall provide such information as the OFT may require. (2) The Secretary of State shall prescribe a scale of fees to be charged to estate agents for registration. (3) The OFT shall establish, or shall cause to be established, a unit to monitor compliance with the provisions of this Act and this unit shall have powers to make reasonable requirements of estate agents to ensure compliance with the provisions of this Act. (4) In pursuance of subsections (1) and (3), the OFT— (a) shall require estate agents to certify that they comply with the provisions of this Act and any code of practice to which they have subscribed; (b) may require an estate agent to produce any records or information and to co-operate in any investigation; and (c) may conduct or commission investigations and surveys to monitor compliance with the Act. (5) Failure to comply with any requirement made by the OFT under this section shall be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale. (6) This section comes into force 18 months after the date on which the Consumers, Estate Agents and Redress Act 2007 receives Royal Assent. (7) In subsection (2) above “prescribe” means prescribed by the Secretary of State by order made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.” (8) In section 30(2) (orders and regulations), after ‘22’ insert ‘and 22A’.”.’. ORDER OF THE HOUSE [19TH MARCH 2007] The following provisions shall apply to the Consumers, Estate Agents & Redress Bill [Lords]: Committal 1. The Bill shall be committed to a Public Bill Committee. Proceedings in Public Bill Committee 2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 26th April 2007. 3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other proceedings 7. Any other proceedings on the Bill (including any proceedings on any message from the Lords) may be programmed.
Susan Kramer
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. Mr Clive Betts 57 Schedule 6, page 62, line 29, at end insert ‘(a)’. |
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| © Parliamentary copyright 2007 | Prepared: 16 April 2007 |