House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

497

House of Commons

Thursday 5th July 2007

Report Stage Proceedings

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

new clauseS

Amendment of definition of ‘estate agency work’

Mr Mark Prisk

Mr Alan Duncan

Charles Hendry

Mr Jonathan Djanogly

Mr Geoffrey Clifton-Brown

Negatived on division  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

Negatived on division  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—

Report Stage Proceedings: 5th July 2007
498

Consumers, Estate Agents and Redress Bill–[ [], 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

Not selected  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

Not selected  6

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

to online complaints mechanisms’.

Mr Secretary Darling

Agreed to  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.’

Report Stage Proceedings: 5th July 2007
499

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

Mr Mark Prisk

Mr Alan Duncan

Charles Hendry

Mr Jonathan Djanogly

Mr Geoffrey Clifton-Brown

Withdrawn  8

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

Susan Kramer

Loreley Burt

Not selected  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

Not selected  7

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

consumers’.

Susan Kramer

Lorely Burt

Withdrawn  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

Agreed to  2

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

Report Stage Proceedings: 5th July 2007
500

Consumers, Estate Agents and Redress Bill–[ [], 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

Agreed to  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.’.

Bill read the third time, and passed, with Amendments.