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Tuesday 24th April 2007 Public Bill Committee New Amendments handed in are marked thus * Other Amendments not tabled within the required notice period are marked thus # Consumers, Estate Agents and Redress Bill [Lords] Note The Amendments have been arranged in accordance with the Order of the Committee [17th April 2007]. Ian McCartney 60 Clause 43, page 26, line 3, leave out ‘may make regulations prescribing’ and insert ‘must by regulations prescribe’. Charles Hendry
33 Clause 43, page 26, line 3, leave out ‘may’ and insert ‘shall’. 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’. Mr Tom Clarke 73 Clause 43, page 26, line 9, at end insert— ‘(3A) The regulations must require a regulated provider to collate information on the number of complaints received by subject-matter of a complaint, or the description of a person making a complaint.’. 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.’. 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
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’.”.’. Mr Ian McCartney
That certain written evidence already reported to the House be appended to the proceedings of the Committee. 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. ORDER OF THE COMMITTEE [17TH APRIL 2007] That— (1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 17th April) meet— (a) at 4.00 p.m. on Tuesday 17th April; (b) at 9.00 a.m. and 1.00 p.m. on Thursday 19th April; (c) at 10.30 a.m. and 4.00 p.m. on Tuesday 24th April; (d) at 9.00 a.m. and 1.00 p.m. on Thursday 26th April; (2) the proceedings shall be taken in the following order: 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; (3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 5.00 p.m. on Thursday 26th April. |
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