With this it will be convenient to discuss the following:
New clause 12—Right to full refund: ticketed events—
‘An event organiser must issue a full cash refund where their tickets are returned to them up to 24 hours before the start of the event.’.
New clause 13—Goods to be as described: meat products—
‘(1) All products containing halal and kosher meat shall be labelled as such at the point of sale by retail and food outlets.
(2) A food outlet is anywhere where food is served to the public.’.
New clause 14—Communications services: change of service provider—
‘(1) Section 3 of the Communications Act 2003 is amended as follows.
(2) At the end of subsection (2)(b) insert “with a switching process that is led by the receiving communications service provider”.’.
New clause 15—Right to corrective action—
‘(1) This section applies if either—
(a) the responsible economic actor has identified that goods supplied present a health and safety risk to the consumer; or
(b) the appropriate authority has identified that goods supplied present a risk to the public safety; and
as a result, the product is subject to corrective action by either party (a “recall action”).
(2) The consumer has the right to expect that the responsible economic actor for any goods supplied subject to a recall action must take all reasonable steps to inform all persons affected, or likely to be affected by the safety risks from the goods, within the shortest period of time practicable.
(3) The consumer, if placed at risk by goods subject to a recall action, has the right to prompt and effective action by the economic actor of that product to ensure that—
(a) the defect posing a safety risk to any persons affected or likely to be affected is eliminated;
(b) the actions required to achieve (a) do not cause significant inconvenience to the consumer; and
(c) all costs associated with the recall action are borne by the responsible economic actor.
(4) The Secretary of State will periodically gather and make publicly available information relating to safety incidents caused by recalled goods, and estimates of how many such goods still remain unaccounted for.
(5) The effectiveness of recall actions, and the procedures in place to achieve successful recalls, will be the subject of periodic review by the Secretary of State, with reference to public information on recalls in subsection (4) and any other relevant data.
(6) The Secretary of State may create or designate a body to act as a consumer product safety and recall authority.
(7) The Secretary of State may by regulations provide for the authority to—
(a) act to protect the public from identifiable and unreasonable risks of injury, death or household risk from consumer products;
(b) review products, test products, or receive or commission reports from other competent persons;
(c) direct corrective action to be taken by relevant economic actors, regulators or authorities;
(d) ensure and direct forms of consumer registration, from purchase of products, with databases which will be conducive to optimal fulfilment of (a) and (c) above;
(e) require notification by economic actors, including manufacturers, brand suppliers or traders, of significant evidence of concern in respect of the consumer safety of relevant products; and
(f) provide for accessible, intelligible information and advice to be available to consumers and relevant economic actors in respect of product safety, corrective actions and other guidances relevant to the authority’s work.
(8) For the purposes of subsections (4), (5), (6) and (7), the Secretary of State must consult with—
(a) market regulators;
(b) relevant authorities; and
(c) any other bodies he thinks appropriate.
(9) For the purposes of this section “economic actor” means—
(a) a “trader” as defined in section 2(2); or
(b) a manufacturer of “goods” as defined in section 2(8).’.
This new clause would enable new provision to be made regarding recall actions where a level of consumer safety risk has been identified. It would allow the Secretary of State to review and add to arrangements for corrective action for the protection of consumer safety.
New clause 16—Secondary ticketing platforms: product and seller information—
‘(1) The Secretary of State shall issue guidance to all traders who operate as secondary ticketing platforms on the application of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(2) Guidance issued under section (1) shall include how secondary ticketing platforms must inform consumers of—
(a) the chosen identity of the seller;
(b) the country of residence of the seller;
(c) information provided by previous buyers on the reliability of the seller and the tickets he has sold;
(d) information on any complaints made against the seller for failing to supply tickets;
(e) information on any complaints made against the seller for supplying fraudulent or invalidated tickets; and
(f) information on all other accounts currently or previously held with the secondary ticketing platform linked to the seller by virtue of personal, financial and contact information provided by them.
(3) Guidance issued under section (1) shall set out how information required under Part 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall be—
(a) accurate; and
(b) prominently displayed before a buyer is able to purchase.
(4) Guidance issued under section (1) shall set out how secondary ticketing platforms must disclose clearly if the seller of the ticket is—
(a) the secondary ticketing platform themselves;
(b) individuals employed by the secondary ticketing platform;
(c) other companies linked to employees, directors or shareholders of the secondary ticketing platform;
(d) the event organiser or an agent acting on their behalf; or
(e) any other party connected to the event organiser of the event.
(5) Guidance issued under section (1) shall set out the status of tickets as unique goods with distinct characteristics which would affect—
(a) the enjoyment of the good by the consumer;
(b) the use of the good by the consumer; or
(c) the inherent value of the good in questions.
(6) Where a ticket is sold through a secondary ticketing platform, guidance issued under section (1) shall set out how the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to tickets as unique goods, including—
(a) how sellers must provide all relevant information about the ticket including but not limited to the face value of the ticket and a designated seat or ticket number;
(b) how secondary ticketing platforms will publish all the information about a ticket provided by the seller in a prominent and clear way; and
(c) what sanctions will apply for failing to provide this information under the regulations.’.
New clause 17—Secondary ticketing platforms: fraudulent tickets—
‘(1) Where a secondary ticketing platform becomes aware that sellers using their service have acquired tickets through illegal methods, or are selling fraudulent tickets, they have a duty to report this to the relevant law enforcement agency immediately.
(2) A secondary ticketing platform must meet any lawful requests for information on sellers made by law enforcement agencies or courts.
(3) Where a law enforcement agency has notified a secondary ticketing platform that a ticket advertised through their service is, or is suspected to be, fraudulent, the secondary ticketing platform must remove that ticket and suspend the seller’s activities immediately.’.
New clause 18—Secondary ticketing platforms: seller profiles—
‘(1) Secondary ticketing platforms must provide a profile of information on sellers using their service.
(2) Profile information provided under subsection (1) must include, but is not limited to—
(a) the name of the seller;
(b) the country of residence of the seller;
(c) if the seller is a company or business, its registered number, if any;
(d) if the seller is a company or business, its registered office or address for service;
(e) a list of all current and past inventory sold or offered for sale by the seller;
(f) information on all other accounts currently or previously held with the secondary ticketing platform linked to the seller by virtue of personal, financial and contact information provided by him;
(g) information provided by previous buyers of the reliability of the seller and the tickets he has sold;
(h) information on any complaints made against the seller for failing to supply tickets, and the resolution of those complaints;
(i) the VAT registration number of the seller, if applicable; and
(j) information on any complaints made against the seller for supplying fraudulent or invalidated tickets, and the resolution of those complaints.
(3) Information provided under subsection (1) must be—
(a) accurate; and
(b) prominently displayed before a buyer is able to complete their purchase.
(4) Secondary ticketing platforms must disclose clearly and prominently where the seller of the ticket is—
(a) the secondary ticketing platform themselves;
(b) individuals employed by the secondary ticketing platform;
(c) other companies linked to employees, directors or shareholders of the secondary ticketing platform;
(d) the event organiser or an agent acting on their behalf; or
(e) any other party connected to the organisation of the event.
(5) Where a seller offers for sale more than 20 tickets to the same event, the secondary ticketing platform must take reasonable steps to verify the validity of the tickets.’.
New clause 19—Secondary ticketing platforms: ticket information—
‘(1) Where a ticket is sold through a secondary ticketing platform—
(a) the seller must provide all relevant information about the ticket; and
(b) the secondary ticketing platform must publish all the information about a ticket provided by the seller in a prominent and clear way.
(2) Information to be requested by the secondary ticketing platform and provided by the seller for the purposes of subsection (1) should include, but is not limited to—
(a) the face value of the ticket;
(b) any age or other restrictions on the user of the ticket; and
(c) the designated block, row, seat or ticket number, where applicable.
(3) Where tickets are being resold in contravention of the terms and conditions agreed to by the original purchaser, this must be stated prominently by the secondary ticketing platform at every stage of the purchasing process.
(4) Information provided by virtue of this section must be—
(a) accurate; and
(b) prominently displayed before a buyer is able to complete their purchase.’.
New clause 20—Secondary ticketing platforms: compensation—
‘(1) Secondary ticketing platforms must reimburse reasonable costs to a buyer where a ticket sold through their service is fraudulent or invalidated.
(2) For the purposes of subsection (1), reasonable costs must include, but are not limited to—
(a) the price paid for the ticket by the buyer, inclusive of all service and delivery charges;
(b) all travel expenses incurred by the buyer in travelling from their place of residence to the location of the event for which they had purchased the ticket; and
(c) any accommodation expenses incurred by the buyer for the sole purpose of attending the event for which they had purchased the ticket.
(3) For the purposes of subsection (1), reasonable costs should be defined as a total amount not exceeding twice the total purchase price of the ticket or tickets in question, including all additional fees and taxes paid.
(4) Claims made by a buyer against a secondary ticketing platform under this section must be proven by receipts or other documentary proof.
(5) The secondary ticketing platform must settle any claims under this section within 40 working days, other than where a suspected fraud or abuse related to the transaction in question is the subject of an ongoing investigation by the relevant statutory authority.
(6) Secondary ticketing platforms are permitted to take all necessary action to recover any monies paid out to consumers under this section from the seller of the ticket.’.
New clause 21—Secondary ticketing platforms: definitions—
‘(1) A “secondary ticketing platform” means a person or company operating an internet-based facility for the resale of tickets to events including in the United Kingdom, regardless of the country in which the owner of the service is registered.
(2) A “ticket” means anything which purports to be a ticket, including any item, tangible or intangible, which grants the holder entry to an event.
(3) An “event” means any sporting, music or cultural activity taking place at a specified time and place for which tickets are issued and required for entry or attendance.
(4) An “event organiser” means the person or persons responsible for organising and holding an event and receiving the revenue from the event.
(5) A “fraudulent ticket” means a forged or duplicated ticket.
(6) An “invalidated ticket” means a ticket which has been cancelled by the event organiser, or an agent acting on their behalf, after being issued.’.
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.’.
Amendment 6, in clause 2, page 2, line 15, at end insert—
‘(3A) The Secretary of State may by order made by statutory instrument provide that those who represent businesses with fewer than 10 employees and are purchasing goods or services for use within their commercial activities will be considered consumers.’.
Government amendments 9 to 14
Amendment 5, in clause 48, page 30, line 3, leave out from ‘(5)’ to ‘resolution’ and insert ‘may not be made unless a draft has been laid before and approved by’.
Government amendment 15
Amendment 20, in clause 84, page 43, line 14, at end insert—
‘(2A) Section [Prohibition of fees in contracts for services: letting of residential accommodation] extends only to England.’.
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