1607

House of Commons

Thursday 5th July 2007

Consideration of Bill

Consumers, Estate Agents and Redress Bill [Lords], As Amended

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new clauseS

Amendment of definition of ‘estate agency work’

Mr Mark Prisk

Mr Alan Duncan

Charles Hendry

Mr Jonathan Djanogly

Mr Geoffrey Clifton-Brown

NC1

To move the following Clause:—

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

(2)	After subsection (1) insert—

“(1A)

The Secretary of State may by regulations made by statutory instrument

make provision for amending the definition of ‘estate agency work’, as

set out in this section.

(1B)	Regulations made under this section may not be made unless a draft of

the regulations has been laid before, and approved by a resolution of,

each House of Parliament.”’.

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—

Consideration of Bill: 5th July 2007

1608

Consumers, Estate Agents and Redress Bill [Lords], continued

“(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)	set minimum standards of training and qualifications required,

and

(b)	ensure that firms have adequate professional indemnity

insurance and, as appropriate, clients money protection

insurance.

(3)	No order shall be made under subsection (1) unless a draft of it has been

laid before, and approved by a resolution of, each House of Parliament.

(4)	Before making an order under subsection (1) the Secretary of State must

consult—

(a)	organisations representing the interests of consumers,

(b)	other persons appearing to the Secretary of State to be

representative of persons who have an interest in the matter.”’.

Mrs Sharon Hodgson

5

Page  3,  line  7  [Clause  3],  at end insert—

‘(d)	goods and services include those provided by means of the internet;’.

Mrs Sharon Hodgson

6

Page  11,  line  11  [Clause  19],  at end insert ‘, including access by online consumers

to online complaints mechanisms’.

Mr Secretary Darling

1

Page  12,  line  38  [Clause  22],  at end insert—

‘( )	If the Secretary of State gives such consent, the Secretary of State must publish a

notice stating that consent has been given and specifying the reasons for giving

consent.’

Consideration of Bill: 5th July 2007

1609

Consumers, Estate Agents and Redress Bill [Lords], continued

Mr Mark Prisk

Mr Alan Duncan

Charles Hendry

Mr Jonathan Djanogly

Mr Geoffrey Clifton-Brown

8

Page  16,  line  43  [Clause  29],  leave out subsection (4).

Susan Kramer

Loreley Burt

4

Page  17,  line  29  [Clause  30],  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.’.

Mrs Sharon Hodgson

7

Page  21,  line  35  [Clause  37],  after ‘description’, insert ‘, including online

consumers’.

Susan Kramer

Lorely Burt

9

Page  26,  line  33  [Clause  43],  at end insert—

‘(10)

When making regulations under this section the regulator must have regard to—

(a)	the needs of both domestic and non-domestic consumers; and

(b)	such principles as—

(i)	in the opinion of the regulator constitute generally accepted

principles of best practice in relation to handling of consumer

complaints, and

(ii)	it is reasonable to regard as applicable to these regulations.’.

Mr Secretary Darling

2

Page  27,  line  10  [Clause  44],  at end insert—

Consideration of Bill: 5th July 2007

1610

Consumers, Estate Agents and Redress Bill [Lords], continued

‘( )	The requirements of subsection (1) may be satisfied by action taken before the

commencement of this section or the passing of this Act.’.

Mr Secretary Darling

3

Page  28,  line  8  [Clause  47],  at end insert—

‘( )	The requirements of subsection (4) may be satisfied by consultation undertaken

before the commencement of this section or the passing of this Act.’.

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.

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Revised 5 July 2007