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Consumer Rights Bill Committee
Committee Room 10 -* Meeting starts at 11.30am Further to consider the Bill Visit the Committee’s homepage. Watch Live from 11.30am on http://www.parliamentlive.tv/Main/Pl...eetingId=14976
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Re: Consumer Rights Bill Committee
Transcripts http://www.publications.parliament.u.../140227s01.htm and http://www.publications.parliament.u.../140227s01.htm#staysafestayhome
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Re: Consumer Rights Bill Committee
I listened to that.
They spent most if the time debating extended warranties until someone chirped up that they aren't covered by the clause in the bill that they were meant to be debating.
Bit of a farce really.
Jenny Willott: I am sorry that I have to upset a number of hon. Members this morning.
Extended warranties, which several hon. Members spoke about, do not come under the clause at all. The clause is about guarantees that are given without extra charge and covers only guarantees that are part of the package handed out by a shop. If someone purchases an extended warranty, they would not be covered by the clause anyway. Although the hon. Member for Walthamstow mentioned sold warranties a number of times, they are not related to the clause, which deals just with guarantees that are not paid for. Extended warranties that are paid for are covered by other parts of the Bill and the unfair terms provisions, as we discussed. They are also covered by Financial Conduct Authority regulations. The clause relates just to free guarantees.Comment
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Re: Consumer Rights Bill Committee
Todays debate in Hoc
http://www.parliament.uk/business/pu...d/unknown/366/#staysafestayhome
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Re: Consumer Rights Bill Committee
New Clause 1
Independent advocacy: report
‘(1) Within three months of Royal Assent of this Act the Secretary of State must publish a report detailing how—
(a) better outcomes for consumers of public services; and
(b) more efficient decision-making processes,
will be ensured.
(2) A report under subsection (1) will consider—
(a) how each public service provider will ensure a formalised approach to ensuring independent advocacy is available for consumers at an early stage in the decision-making process for the provision of public services;
(b) the nature of an independent advocate to participate in this process, and the definition of independence, including how this could be supported by the conduct of any service provider;
(c) the effect of a breach in a consumer’s statutory rights as set out by this Act when a direct commissioning contract is in place;
(d) what formal status any independent advice provided will have in relation to decision-making, in particular, in instances where a public service continues to act contrary to such information and formal legal redress is sought;
(e) the role of the public sector ombudsman services in overseeing any such approach under paragraph (a);
(f) how a public service provider will report on their formalised approach under paragraph (a); and
(g) how the approach under paragraph (a) would ensure all consumers of services covered by this Act have access to a licensed alternative redress mechanism.
(3) For the purposes of this section a public service is any provided to the consumer directly by—
(a) a Government department;
(b) a local or public authority; or
(c) a trader acting on behalf of these organisations.
(4) For the purposes of this section a person shall be a consumer of public services under a “direct commissioning contract” when they enter any—
(a) agreement;
(b) contract;
(c) consumer notice; or
(d) proposed contract,
for receiving a service which the person has a direct role in commissioning.’.—(Stella Creasy.)
Brought up, and read the First time.
New clause 2—Guidance for statutory regulators
‘(1) Within three months of Royal Assent of this Act, the Secretary of State shall publish guidance based on the work of the Implementation Group.
(2) Guidance published under section (1) shall—
(a) detail how consumers should be informed of their rights and at what point this should happen;
(b) ensure that traders have the information they need regarding their responsibilities under this Act and other consumer rights legislation;
(c) define what may be a “reasonable time” for consumers to secure refunds, repairs or replacement, or repeat performance; and
(d) specify the sanctions available to enforcement agencies in cases where the guidance has not been followed.
(3) Within six months of the publication of guidance under subsection (1), the Secretary of State shall issue a code of practice in relation to the exercise of any and all the functions set out in the guidance, subject to the provisions of subsections (5) to (7).
(4) Any person exercising such a function must have regard to the code in determining any general policy or principles by reference to which the person exercises the function.
(5) Where the Secretary of State proposes to issue a code of practice under subsection (3), he shall prepare a draft of the code, and shall lay the draft before Parliament.
(6) Where the draft laid before Parliament under subsection (5) is approved by resolution of each House of Parliament, the Secretary of State shall issue the code.
(7) A code issued under subsection (6) shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint.’.
New clause 3—Access to data
‘Schedule [Access to data] has effect.’.
New clause 4—Guidance based on the work of the implementation group
‘(1) Within three months of Royal Assent of this Act, the Secretary of State shall publish guidance based on the work of the Implementation Group.
(2) Guidance published under subsection (1) shall—
(a) advise on the period that a trader may retain sums paid by the consumer for services not yet supplied by the trader, where it is the consumer who dissolves the contract;
(b) further to paragraph (a), advise on the terms under which traders should manage the interest on such sums and make provision for the return of this interest to the consumer; and
(c) advise on whether it should be permissible to charge for a guarantee where that guarantee does not offer any undertaking to the consumer additional to their rights as set out in this Act.’.
New clause 5—Independent consumer advice
‘Within three months of this Act receiving Royal Assent, the Secretary of State shall produce guidance setting out requirements for all statutory regulators to report annually on the provision of independent advice which is free at the point of delivery, and to make recommendations on ensuring consumers’ rights are protected.’.
New clause 10—Powers of the Information Commissioner: nuisance calls
‘(1) The Data Protection Act 1998 is amended as follows.
(2) In section 40 (Enforcement Notices), leave out subsection (2).
(3) In section 55A (Power of Commissioner to impose monetary penalty), leave out subsection (1)(b).’.
New schedule 1—‘Access to data
Information for consumers
1 The Secretary of State shall report to Parliament within six months of Royal Assent of this Act setting out how consumers will have access to the information they require in order to make informed assessments of prices, charges and fees.
Supply of customer data
2 A report under paragraph 1 shall include details of how the Government intends to—
(a) make regulations to require all regulated persons to provide customer data relating to transactions between the regulated person and the customer, as set out in section 89 (Supply of customer data) of the Enterprise and Regulatory Reform Act 2013;
(b) enable third parties to make requests for customer data under section 89(1)(b) of that Act; and
(c) ensure customer data is provided in a form which enables the customer or third party to assess whether the price they are paying for a service is reasonable, which should have regard to section 89(7) of the Enterprise and Regulatory Reform Act 2013.
Designation of regulated persons and regulatory bodies
3 A report under paragraph 1 shall—
(a) review which traders, including the activities of any government, or local or public authority, as defined by section 2 of this Act, shall be considered a regulated person under section 89(2) of the Enterprise and Regulatory Reform Act 2013; and
(b) identify a relevant regulatory body to undertake the duties set out in paragraph 4 of this Schedule.
Guidance for regulated persons
4 A report under paragraph 1 shall include details of how the Government intends to require regulators of services which are provided by regulated persons, as defined in section 89(2) of the Enterprise and Regulatory Reform Act 2013, to produce guidance on the implementation of section 89 of that Act.
5 Guidance produced for regulated persons under paragraph 4 shall include—
(a) how regulated persons should provide customer data;
(b) details on the ownership of customer data which shall include, but is not limited to—
(i) that customer data generated directly, at any point in the course of a contract, is owned by the customer;
(ii) that prior to any decision requiring the transmission of data in a format where the customer can be identified to a third party, direct consent of the customer as owner of the data must be secured; and
(iii) how regulated persons should recognise and publicise that such data is owned by the customer;
(c) how customers may consent to their data being shared with third parties under section 89(1)(b) of the Enterprise and Regulatory Reform Act 2013;
(d) specify sanctions for traders who are not able to confirm the consent of the customer to sharing their data;
(e) measures to limit the amount that may be charged for any such single request for data on behalf of multiple customers;
(f) how regulated persons, who hold data on customers on behalf of any government, local or public authority, can use this information to secure social and consumer benefits; and
(g) how regulated persons, who hold data on customers on behalf of any government, local or public authority, can contribute to a report under paragraph 7.
Access to information: public services
6 (1) The Secretary of State shall report to Parliament within six months of Royal Assent of this Act on how the Government intends to ensure that all consumers of public services, who have a direct role in commissioning them, are able to access information regarding any consumer contract or consumer notices which may reasonably be understood to apply to them.
(2) A report under sub-paragraph (1) shall have particular regard to—
(a) the access to information that consumers of public services require; and
(b) how access to information can ensure greater transparency on the work of traders.
(3) For the purposes of this paragraph, “public services” means the work of any government, local or public authority or traders offering services on their behalf.
Access to information: annual report
7 (1) The Secretary of State shall produce and submit to Parliament an annual report setting out an analysis of the cumulative costs and benefits of Government decisions relating to the rights of consumers and protection of their interests.
(2) A report under sub-paragraph (1) shall in particular address the effect on—
(a) household consumption;
(b) vulnerable households; and
(c) any other subjects as the Secretary of State decides.’.#staysafestayhome
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Re: Consumer Rights Bill Committee
Clause 3 - withdrawn
New Clause 3
Access to data
‘Schedule [Access to data] has effect.’.—(Stella Creasy.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
The House divided: Ayes 218, Noes 287.#staysafestayhome
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Re: Consumer Rights Bill Committee
New Clause 6
Payday lenders levy
‘The Secretary of State shall produce an annual report on the level at which a levy on lenders in the high cost consumer credit market should be set and bring forward measures to ensure—
(a) provision of free debt advice for vulnerable consumers; and
(b) provision of affordable alternative credit through credit unions.’.—(Stella Creasy.)
Brought up, and read the First time.
New clause 7—Debt management plan regulation—
‘The Financial Conduct Authority shall bring forward recommendations within a year of the commencement of this Act regarding the practice of directly charging consumers fees or charges for the provision of debt management plans, including recommendations on the phasing out of such practices.’.
New clause 9—Credit broker fees—
‘(1) The Consumer Credit Act 1974 is amended as follows.
(2) In section 160A (Credit intermediaries) after subsection (4) insert—
“(4A) Persons engaged in credit intermediary activity under this section or credit broking activity under section 145 shall not charge or take any fee from a debtor in respect of these activities until such time as an introduction results in the debtor entering into a relevant agreement.”.’.
New clause 11—Practices of rent to own companies—
‘(1) This section applies to credit agreements and consumer hire agreements taken out in respect of household goods specified in rules by the Financial Conduct Authority.
(2) The rules under subsection (1) shall—
(a) include a requirement on lenders to include in pre-contractual information adequate explanations and information allowing prospective customers to compare both the cash price of goods and the total cost of the credit agreement to a representative retail price for those goods;
(b) prohibit lenders from requiring customers to take out insurance sold or brokered by the lender as a condition of obtaining credit;
(c) set out specific steps lenders must take before taking action to enforce the agreement or recover possession of goods; and
(d) set out the steps lenders should take to check that the agreement is affordable and suitable for prospective consumers.’.
New clause 23—Consumer credit: bill of sale—
‘(1) Where a person is a purchaser of goods subject to a bill of sale, made in connection with a regulated agreement under the Consumer Credit Act 1974, in good faith and without notice of the bill of sale, title to those goods shall pass to that person.
(2) A creditor is not entitled to enforce a bill of sale made in connection with a regulated agreement by recovering possession of the goods except through an order of the court.
(3) If goods are recovered by the creditor in contravention to subsection (2)—
(a) the bill of sale will be treated as invalidly made; and
(b) the debtor shall be released from any outstanding liability under the regulated agreement.
(4) If the creditor has disposed of goods taken in contravention of subsection (2) the debtor shall be compensated to the value of those goods.’.#staysafestayhome
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Re: Consumer Rights Bill Committee
Clause 6 withdrawn#staysafestayhome
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Re: Consumer Rights Bill Committee
New Clause 23
Consumer credit: bill of sale
‘(1) Where a person is a purchaser of goods subject to a bill of sale, made in connection with a regulated agreement under the Consumer Credit Act 1974, in good faith and without notice of the bill of sale, title to those goods shall pass to that person.
(2) A creditor is not entitled to enforce a bill of sale made in connection with a regulated agreement by recovering possession of the goods except through an order of the court.
(3) If goods are recovered by the creditor in contravention to subsection (2)—
(a) the bill of sale will be treated as invalidly made; and
(b) the debtor shall be released from any outstanding liability under the regulated agreement.
(4) If the creditor has disposed of goods taken in contravention of subsection (2) the debtor shall be compensated to the value of those goods.’.—(Stella Creasy.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
The House divided: Ayes 221, Noes 293.#staysafestayhome
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Re: Consumer Rights Bill Committee
New Clause 22
Prohibition of fees in contracts for services: letting of residential accommodation
‘(1) The provisions in this section apply to a contract for a trader to supply a service in connection with the letting of a residential premises.
(2) Subject to the provisions of this section, any person who demands or accepts payment of any sum of money from a person (“P”) for services in connection with a contract for the letting of residential premises shall be guilty of an offence.
(3) For the purposes of subsection (2), P is any person—
(a) who seeks to enter a contract to let residential accommodation, or
(b) who has a tenancy of, or other right or permission to occupy, residential premises.
(4) For the purposes of subsection (2)—
“letting” shall include any service provided in connection with the advertisement or marketing of residential accommodation or with the grant or renewal of a tenancy;
“services shall —
(a) include, and are not limited to—
(i) the registration of persons seeking accommodation,
(ii) the selection of prospective occupiers, and
(iii) any work associated with the production or completion of written agreements or other relevant documents.
(b) not include credit checks of person seeking accommodation.
(5) Where a person unlawfully demands or accepts payment under this section in the course of his employment, the employer or principal of that person shall also be guilty of an offence.
(6) A person shall not be guilty of an offence under this section by reason of his demanding or accepting payment of rent or a tenancy deposit within the meaning of section 212(8) of the Housing Act 2004.
(7) A person shall not be guilty of an offence under this section by reason of his demanding or accepting a holding deposit.
(8) A “holding deposit” for the purposes of subsection (7) is—
(a) a sum of money demanded of or accepted from a person, in good faith for the purpose of giving priority to that person in relation to the letting of a specific property, which is to be credited towards the tenancy deposit or rent upon the grant of the tenancy of that property, and
(b) not greater than two weeks rent for the accommodation in question.
(9) Costs incurred by persons seeking accommodation for the undertaking of credit checks shall be reimbursed upon the signing of a tenancy agreement.
(10) In this section, any reference to the grant or renewal of a tenancy shall include the grant or renewal or continuance of a lease or licence of, or other right or permission to occupy, residential premises.
(11) In this section “rent” shall include any occupation charge under a licence.’.—(Stella Creasy.)
Brought up.
Question put, That the clause be added to the Bill.
The House divided: Ayes 228, Noes 281.#staysafestayhome
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Re: Consumer Rights Bill Committee
Basically, despite some interesting debate and decent new clause proposals - that got withdrawn or voted down, it was not a very successful day. More tomorrow.#staysafestayhome
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Re: Consumer Rights Bill Committee
Just out of interest.
House of Commons Public Bill Committee on the Consumer Rights Bill 2013-14
Here you can browse the record of the public proceedings of the House of Commons Public Bill Committee on the Consumer Rights Bill.
Committee members and staff
Chairs: Mr David Amess and Sandra Osborne
19 Members:
- Steve Baker
- Rehman Chishti
- Oliver Colvile
- Stella Creasy
- Stephen Doughty
- Mark Durkan
- Robert Flello
- Sheila Gilmore
- Mrs Mary Glindon
- Mr Sam Gyimah
- Rebecca Harris
- Kwasi Kwarteng
- Andy McDonald
- Stephen McPartland
- Tessa Munt
- Mr Brooks Newmark
- Fiona O’Donnell
- Laura Sandys
- Jenny Willott
Documents
Reports of Proceedings
Full transcripts of the Public Bill Committee meetings.
Associated memorandaCommittee Debate: 15th sitting | PDF version, 120KB 13.03.2014 Committee Debate: 14th sitting | PDF version, 215KB 11.03.2014 Committee Debate: 13th sitting | PDF version, 182KB 11.03.2014 Committee Debate: 12th sitting | PDF version, 194KB 06.03.2014 Committee Debate: 11th sitting | PDF version, 119KB 06.03.2014 Committee Debate: 10th sitting | PDF version, 244KB 04.03.2014 Committee Debate: 9th sitting | PDF version, 168KB 04.03.2014 Committee Debate: 8th sitting | PDF version, 159KB 27.02.2014 Committee Debate: 7th sitting | PDF version, 126KB 27.02.2014 Committee Debate: 6th sitting | PDF version, 210KB 25.02.2014 Committee Debate: 5th sitting | PDF version 25.02.2014 Committee Debate: 4th sitting | PDF version, 212KB 13.02.2014 Committee Debate: 3rd sitting | PDF version, 120KB 13.02.2014 Committee Debate: 2nd sitting | PDF version, 156KB 11.02.2014 Committee Debate: 1st sitting | PDF version 11.02.2014
Written submissions from outside bodies and individuals are circulated to MPs appointed to examine the Bill during committee stage in a Public Bill Committee. The following written submissions were sent to this committee.
#staysafestayhome
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