Consumers, Estate Agents and Redress Bill [HL]
REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 11th December 2006, as follows—
Clause 1
Schedule 1
Clauses 2 to 24
Schedule 2
Clauses 25 to 29
Schedule 3
Clauses 30 to 34 | Schedule 4
Clauses 35 to 44
Schedule 5
Clauses 45 to 52
Schedule 6
Clauses 53 to 66
Schedules 7 and 8 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 8, after "a" insert "decision-making" |
| 2 | Page 1, line 10, after "a" insert "decision-making" |
| 3 | Page 2, line 5, leave out paragraph (c) and insert— |
| "(c) | the exercise of the Council's core functions, as set out in sections 7 to 9, within that territorial area, which will be delegated to the territorial committee for that area." |
| 4 | Page 2, line 7, at end insert— |
| "( ) | Before exercising a function in a manner which in the opinion of the Council is likley to affect persons in one of the areas for which a territorial committee is established, the Council shall consult that territorial committee." |
| | BARONESS WILCOX
LORD DE MAULEY |
| 5 | Page 2, line 7, at end insert— |
| "( ) | Where a territorial committee provides advice and information to the Council under subsection (4), the Committee must take it into account." |
| 6 | [Re-tabled as amendment 13A] |
| 7 | [Re-tabled as amendment 13B] |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 8 | Page 42, line 25, leave out "may" and insert "shall" |
| 9 | Page 44, line 2, leave out "may" and insert "shall" |
| 10 | Page 44, line 10, leave out "may" and insert "shall" |
| 11 | Page 44, line 11, leave out "may" and insert "shall" |
| 12 | Page 44, line 28, leave out "may" and insert "shall" |
| 13 | Page 46, line 23, leave out "may" and insert "shall" |
| 13A* | Page 46, line 39, at end insert— |
| "( ) | The exercise of the core functions of the Council, as described in sections 7 to 9— |
| (a) | shall be treated by virtue of this paragraph as having been delegated by the Council to the territorial committee in so far as its exercise, in the opinion of the Council, affects the area for which the committee is established, and |
| (b) | to that extent shall not be exercisable by the Council." |
| 13B* | Page 46, line 39, at end insert— |
| "( ) | In allocating its resources the Council shall ensure that the territorial committees receive a share sufficient to enable them to exercise their functions." |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 14 | Page 47, line 29, leave out paragraph 29 |
| | LORD O'NEILL OF CLACKMANNAN |
| 15 | Page 2, line 18, at end insert ", or |
| "( ) | a person resident in the United Kingdom, who purchases, uses or receives, outside of the United Kingdom, goods or services which are supplied in the course of a business carried out by the person supplying or seeking to supply them." |
| | BARONESS WILCOX
LORD DE MAULEY |
| 16 | Page 2, line 19, leave out subsection (3) |
| 17 | Page 2, line 22, at end insert— |
| "( ) | a consumer includes a person who purchases, uses or receives goods or services for the purpose of their own business." |
| 18 | Page 2, line 23, leave out paragraph (b) |
| 19 | Page 2, line 25, at end insert— |
| "(d) | "receives" refers to the purchasing of goods or services." |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. |
| 20 | Page 3, line 14, after "Council" insert "and each of its territorial committees" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 21 | Page 3, line 14, leave out "before each financial year publish" and insert "publish biannually" |
| 22 | Page 3, line 16, after "Council" insert "or territorial committee" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 23 | Page 3, leave out lines 17 and 18 and insert "consumer and consumer matters" |
| 24 | Page 3, line 20, leave out from "to" to end of line 21 and insert "consumer and consumer matters" |
| 25 | Page 3, line 22, after "Council" insert "or territorial committee" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 26 | Page 3, line 26, after second "the" insert "measurable" |
| 27 | Page 3, line 29, after "Council" insert "or territorial committee" |
| 28 | Page 3, line 31, after "Council" insert "or territorial committee" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 29 | Page 3, line 33, leave out "designated consumers" and insert "consumer and consumer matters" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 30 | Page 3, line 33, at end insert— |
| "( ) | Expenditure incurred under subsection (3) must not exceed such amount as may be prescribed in regulations." |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 31 | Page 3, line 34, leave out subsection (4) |
| 32 | Page 3, line 35, after "Council" insert "or territorial committee" |
| 33 | Page 3, line 42, at end insert "and each of its territorial committees" |
| 34 | Page 4, line 5, after "Council" insert "or territorial committee" |
| 35 | Page 4, line 12, leave out paragraphs (b) and (c) |
| 36 | Page 4, line 16, at end insert— |
| "( ) | The Scottish Consumer Council must send a copy of any notice given by it under subsection (5) to— |
| (a) | the Secretary of State; |
| (b) | the Scottish Ministers; |
| (c) | the Office of Fair Trading; and |
| (d) | any regulatory body which considers might have an interest in the content of the notice. |
| ( ) | The Welsh Consumer Council must send a copy of any notice given by it under subsection (5) to— |
| (a) | the Secretary of State; |
| (c) | the Office of Fair Trading; and |
| (d) | any regulatory body which considers might have an interest in the content of the notice." |
| 37 | Page 4, line 16, at end insert— |
| "( ) | Each of the Council's territorial committees must prepare a report for each financial year on the progress of the projects described in its forward work programme for that year published under subsection (1). |
| ( ) | As soon as reasonably practicable after the end of each financial year, the Scottish Consumer Council must send a copy of the report prepared by it under subsection (9) to the Scottish Ministers. |
| ( ) | As soon as reasonably practicable after the end of each financial year, the Welsh Consumer Council must send a copy of the report prepared by it under subsection (9) to the Welsh Ministers." |
| | BARONESS WILCOX
LORD DE MAULEY |
| 38 | Page 4, line 20, leave out "have regard to" and insert "implement" |
| 39 | Page 4, line 31, leave out "have regard to the need to" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 40 | Page 4, line 37, leave out from "must" to second "to" in line 38 and insert "develop policies and discharge its duties so that it contributes" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 41 | Page 4, line 37, leave out from "the" to second "to" in line 38 |
| | BARONESS WILCOX
LORD DE MAULEY |
| 42 | Page 5, line 16, at end insert— |
| "( ) | contain details about the most frequent complaints from consumers about post and energy for that year, |
| ( ) | contain recommendations, if any, for regulated energy and post companies to change their practices, and" |
| 43 | Page 5, line 18, at end insert— |
| "( ) | provide an account of the fulfillment of its duty under section 6(5) of this Act." |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 44 | Page 5, line 28, leave out "may" and insert "shall" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 45 | Page 6, line 7, leave out "may" and insert "shall" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 46 | Page 6, line 13, leave out "may" and insert "must" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 47 | Page 6, line 13, leave out "may" and insert "shall" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 48 | Page 6, line 13, leave out from "may" to end of line 14 and insert "disseminate advice and information to consumers—" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 49 | Page 6, line 19, leave out "may" and insert "shall" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 50 | Page 6, line 28, leave out "may" and insert "shall" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 51 | Page 6, line 33, at end insert "and provide an account of how its resources were used in an efficient way" |
| 52 | Page 6, line 34, leave out subsection (2) |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 53 | Page 7, line 1, after "vulnerable" insert "or otherwise disadvantaged" |
| 54 | Page 7, line 2, leave out "("the designated consumer")" |
| 55 | Page 7, line 2, leave out "designated" |
| 56 | Page 7, line 5, leave out "designated" |
| 57 | Page 7, line 7, leave out "designated" |
| 58 | Page 7, line 8, leave out "designated" |
| 59 | Page 7, line 13, leave out "may" and insert "shall" |
| 60 | Page 7, line 18, leave out "may" and insert "shall" |
| 61 | Page 7, line 19, leave out "designated" |
| 62 | Page 7, line 20, leave out "designated" |
| 63 | Page 7, line 22, leave out "designated" |
| | LORD O'NEILL OF CLACKMANNAN |
| 64 | Page 7, line 23, at end insert— |
| "( ) | Where it appears to the Council to be appropriate to do so, the Council may enter into arrangements with other persons in order to exercise the power conferred by subsection (4)." |
|
