Consumers, Estate Agents and Redress Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 25th January 2007, 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 2, line 2, at end insert— |
| "(3A) | The territorial committees may exercise, on behalf of the Council, the following functions— |
| (a) | in the case of the Scottish Consumer Council, the Council's functions under sections 7 to 16, 18 and 20 to 25, so far as they are exercisable in relation to Scotland; |
| (b) | in the case of the Welsh Consumer Council, the Council's functions under those sections, so far as they are exercisable in relation to Wales; |
| (c) | in the case of the Northern Ireland Postal Services Committee— |
| (i) | the Council's functions under sections 7 to 11, 14 to 16, 18, 20 and 22 to 25 so far as they are exercisable in relation to Northern Ireland, and |
| (ii) | the Council's functions under section 21 so far as they are exercisable in relation to consumer matters which relate to relevant postal services in relation to Northern Ireland. |
| (3B) | For the purpose of facilitating or improving co-ordination in relation to the carrying out of its functions, the Council may from time to time— |
| (a) | impose restrictions or conditions on the exercise by a territorial committee of a function by virtue of subsection (3A); |
| (b) | give a territorial committee general or specific directions relating to the exercise of a function by virtue of that subsection. |
| (3C) | Nothing in subsection (3A) prevents the Council from exercising any of its functions referred to in that subsection." |
| 2 | Page 2, leave out line 3 and insert— |
| "(4) | A territorial committee also has the following purposes—" |
| 3 | Divide Clause 1 into two clauses, the first (Establishment of the National Consumer Council and its territorial committees) to consist of subsections (1) to (3) and (5) and the second (The territorial committees) to consist of subsections (3A) to (4) |
| | BARONESS WILCOX
LORD DE MAULEY |
| 4 | Page 2, line 25, at end insert— |
| "( ) | a "consumer" includes a person who purchases, uses or receives goods or services for the purpose of their own business;" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 5 | Page 2, line 37, leave out "may" and insert "must" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 6 | Page 3, line 17, leave out "before each financial year publish" and insert "publish triennially" |
| 7 | Page 4, line 40, leave out "have regard to the desirability of acting in the manner" and insert "exercise its functions in the manner which it considers is" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 8 | Page 4, line 40, leave out from "must" to second "to" in line 41 and insert "develop policies and discharge its duties so that it contributes" |
| | BARONESS WILCOX
LORD DE MAULEY |
| 9 | Page 5, line 17, after "activities)," 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," |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 10 | Page 5, line 29, leave out "may" and insert "must" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 11 | Page 6, line 8, leave out "may" and insert "must" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 12 | Page 6, line 14, leave out "may" and insert "must" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 13 | Page 6, line 29, leave out "may" and insert "must" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 14 | Page 7, line 1, after "vulnerable" insert "or otherwise disadvantaged" |
| 15 | Page 7, line 13, leave out "may" and insert "must" |
| 16 | Page 7, line 18, leave out "may" and insert "must" |
| 17 | Page 7, line 27, after "of" insert ", or a threat to disconnect," |
| 18 | Page 7, line 32, after first "of" insert ", or a threat to cut off," |
| 19 | Page 7, line 36, at end insert— |
| "(da) | a complaint by a gas consumer against a gas supplier, in respect of the failure of a prepayment system;" |
| 20 | Page 7, line 39, after "of" insert ", or a threat to disconnect," |
| 21 | Page 7, line 45, at end insert— |
| "(g) | a complaint by an electricity consumer against an electricity supplier, in respect of the failure of a prepayment system." |
| 22 | Page 8, line 8, leave out subsection (4) |
| 23 | Page 8, line 47, at end insert— |
| "( ) | in paragraphs (da) and (g), references to the failure of a prepayment system are references to— |
| (i) | a failure in the facilities for payment for the supply of gas or electricity which results in a consumer with a prepayment meter being unable to make a payment for the supply of gas or electricity, or |
| (ii) | where a payment has been made for the supply of gas or electricity through a prepayment meter, a case where the supply is not given through the prepayment meter because of a defect in the meter or in the facilities for payment." |
| 24 | Page 8, line 48, leave out subsection (8) and insert— |
| | "electricity consumer" means an individual who is a consumer in relation to electricity supplied by an authorised supplier; |
| (a) | an Act of Parliament, |
| (b) | an Act of the Scottish Parliament, or |
| (c) | a Measure or Act of the National Assembly for Wales, |
| | "gas consumer" means an individual who is a consumer in relation to gas supplied by an authorised supplier; |
| | "the consumer's premises"— |
| (a) | in relation to an electricity consumer, means the premises to which the electricity supplied to the consumer by the authorised supplier is supplied; |
| (b) | in relation to a gas consumer, means the premises to which the gas supplied to the consumer is conveyed by the gas transporter; |
| | "redress scheme" means a scheme under which complaints may be made to, and investigated and determined by, an independent person." |
| | BARONESS WILCOX
LORD DE MAULEY
BARONESS MILLER OF CHILTHORNE DOMER |
| 25 | Page 10, line 15, leave out "may" and insert "must" |
| 26 | Page 12, line 6, at end insert— |
| "( ) | The Council may acquire an interest in a body corporate under subsection (4)(b) only with the consent of the Secretary of State." |
| 27 | Page 13, line 10, leave out "supplier" and insert "provider" |
| 28 | Page 13, line 16, leave out "supplier" and insert "provider" |
| 29 | Page 13, line 17, leave out "supplier" and insert "provider" |
| 30 | Page 13, line 22, leave out "supplier" and insert "provider" |
| 31 | Page 13, line 24, leave out "supplier" and insert "provider" |
| 32 | Page 13, line 25, leave out "supplier" and insert "provider" |
| 33 | Page 13, line 28, leave out "supplier" and insert "provider" |
| 34 | Page 14, line 2, leave out "supplier" and insert "provider" |
| 35 | Page 14, line 3, leave out "supplier" and insert "provider" |
| 36 | Page 14, line 6, leave out "supplier" and insert "provider" |
| 37 | Page 14, line 8, leave out "supplier" and insert "provider" |
| 38 | Page 14, line 9, leave out "supplier" and insert "provider" |
| 39 | Page 14, line 18, leave out "suppliers" and insert "providers" |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 40 | Page 16, line 40, leave out subsection (2) and insert— |
| "(2) | The Secretary of State shall bring forward an Order subject to an affirmative resolution in both Houses of Parliament to abolish the Consumer Council for Postal Services. |
| (2A) | The Order set out in subsection (2) shall not be made before 2010." |
| | BARONESS MILLER OF CHILTHORNE DOMER
LORD RAZZALL |
| 41 | Page 17, line 28, at end insert— |
| "(5) | The consultations set out in subsection (3) shall not take place before 2011." |
| 42 | Page 21, line 34, at end insert— |
| "( ) | section (The territorial committees)(3A)(c) (functions which Northern Ireland Postal Services Committee is authorised to exercise);" |
| 43 | Page 23, line 41, leave out "supplier" and insert "provider" |
| 44 | Page 23, line 43, leave out "supplier" and insert "provider" |
| 45 | Page 24, line 1, leave out "supplier" and insert "provider" |
| 46 | Page 24, line 4, leave out "supplier" and insert "provider" |
| 47 | Page 24, line 8, at end insert— |
| "A person holding a licence under section 7(2) of the Gas Act 1986 (c. 44) (transportation licences). | A person (other than a gas licensee) who is a consumer in relation to services provided by a gas transporter (within the meaning of Part 1 of that Act). | The Gas and Electricity Markets Authority" |
| 48 | Page 24, line 13, at end insert— |
| "A person holding a licence under section 6(1)(c) of the Electricity Act 1989 (c. 29) (distribution licences). | A person (other than an electricity licensee) who is a consumer in relation to services provided by an electricity distributor (within the meaning of Part 1 of that Act). | The Gas and Electricity Markets Authority" |
| 49 | Page 24, line 26, leave out "supplier" and insert "provider" |
| 50 | Page 24, line 27, leave out "supplier" and insert "provider" |
| 51 | Page 24, line 30, leave out "suppliers" and insert "providers" |
| 52 | Page 24, line 31, leave out "suppliers" and insert "providers" |
| 53 | Page 24, line 31, at end insert— |
| | "electricity licensee" means— |
| (a) | an electricity supplier (within the meaning of Part 1 of the Electricity Act 1989 (c. 29)); |
| (b) | an electricity distributor (within the meaning of that Part); |
| (c) | the holder of a licence under section 6(1)(a), (b) or (e) of that Act (generation licences, transmission licences and interconnector licences), except where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence; |
| (a) | a gas supplier (within the meaning of Part 1 of the Gas Act 1986 (c. 44)); |
| (b) | a gas transporter (within the meaning of that Part); |
| (c) | a gas shipper (within the meaning of that Part); |
| (d) | the holder of a licence under section 7ZA of that Act (licences for operation of gas interconnectors), except where the holder is acting otherwise than for purposes connected with the carrying on of activities authorised by the licence." |
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