Amendments proposed to the Enterprise Bill - continued House of Commons

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Miss Melanie Johnson

367

Schedule     26,     page     332,     leave out line 24,     

   

Miss Melanie Johnson

574

Schedule     26,     page     333,     line     24,     at beginning of second column insert—

'Section 9.'.
   

Miss Melanie Johnson

398

Schedule     26,     page     333,     line     30,     after '9,' insert '10,'.


   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry

45

Clause     267,     page     181,     line     9,     at end add—

    '(2)   Parts 3, 4, 5, 6 and 7 of this Act shall not come into force before 1st March 2005'.


NEW CLAUSES

Person supplying goods
   

Miss Melanie Johnson

NC7

To move the following Clause:—

    '(1)   This section has effect for the purpose of references in this Part to a person supplying or seeking to supply goods under—

      (a) a hire-purchase agreement;

      (b) a credit-sale agreement;

      (c) a conditional sale agreement.

    (2)   The references include references to a person who conducts any antecedent negotiations relating to the agreement.

    (3)   The following expressions must be construed in accordance with section 189 of the Consumer Credit Act 1974—

      (a) hire-purchase agreement;

      (b) credit-sale agreement;

      (c) conditional sale agreement;

      (d) antecedent negotiations.'.


Annual report of Commission
   

Miss Melanie Johnson

NC8

To move the following Clause:—

    'After paragraph 12 of Schedule 7 to the 1998 Act (the Competition Commission) there is inserted—

          "Annual reports

        12A (1) The Commission shall make to the Secretary of State a report for each financial year on its activities during the year.

        (2) The annual report must be made before the end of August next following the financial year to which it relates.

        (3) The Secretary of State shall lay a copy of the annual report before Parliament and arrange for the report to be published.".'.


Application of insolvency law to foreign company
   

Miss Melanie Johnson

NC10

To move the following Clause:—

    '(1)   The Secretary of State may by order provide for a provision of the Insolvency Act 1986 (c.45) to apply (with or without modification) in relation to a company incorporated outside Great Britain.

    (2)   An order under this section—

      (a) may make provision generally or for a specified purpose only,

      (b) may make different provision for different purposes, and

      (c) may make transitional, consequential or incidental provision.

    (3)   An order under this section—

      (a) must be made by statutory instrument, and

      (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.


Damages

   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

NC1

To move the following Clause:—

    '(1)   A claim for damages may be made to the High Court or any county court in respect of a domestic infringement.

    (2)   Damages may be awarded in respect of a domestic infringement only if the first or second conditions are satisfied.

    (3)   The first condition is that the act or omission gives rise to an action for—

      (a) breach of contract; or

      (b) tort or, in Scotland, delict.

    (4)   The second condition is that—

      (a) the court has made a domestic infringement order under section 208;

      (b) the court has made an interim enforcement order under section 209;

      (c) the court has accepted an undertaking under either of those sections; or

      (d) an enforcer has accepted an undertaking under section 210.

    (3)   For the purposes of a claim for damages in respect of which the second condition is satisfied, in awarding damages the court is to apply the same principles as would be applied by a court in awarding damages for claim in tort or, in Scotland, delict.'.


Claims on behalf of consumers

   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

NC2

To move the following Clause:—

    '(1)   A claim may be made under section [Damages] by a specified body on behalf of two or more individuals who have claims under that section as consumers and in respect of the same infringements.

    (2)   A claim may be made on behalf of an individual only with his consent.

    (3)   If two or more individuals have made a claim as consumers under section [Damages] in respect of the same infringement, a specified body may with the consent of each individual continue the claim on their behalf.

    (4)   In deciding any claim made or continued under section [Damages] by virtue of this section, the court may award damages to an individual on whose behalf a claim is made or continued.

    (5)   An individual claims as a consumer if the claim is in respect of an infringement affecting (whether directly or indirectly) goods or services to which subsection (6) applies.

    (6)   This subsection applies to goods or services which—

      (a) the individual received, or sought to receive, otherwise than in the course of a business carried on by him (notwithstanding that he received or sought to receive them with a view to carrying on a business); and

      (b) were, or would have been, supplied to the individual (in the case of goods whether by way of sale or otherwise) in the course of a business carried on by the person who supplied or would have supplied them.

    (7)   A business includes—

      (a) a professional practice;

      (b) any other undertaking carried on for gain or reward;

      (c) any undertaking in the course of which goods or services are supplied otherwise than free of charge.

    (8)   "Specified", means specified in an order made by the Secretary of State in accordance with criteria to be published by the Secretary of State for the purposes of this section.

    (9)   An application by a body to be specified in an order under this section is to be made in a form approved by the Secretary of State for the purpose.

    (10)   The power to make an order under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.'.


Rules of court

   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

NC3

To move the following Clause:—

       'The following shall be inserted in Schedule 1 to the Civil Procedure Rules 1997 (civil procedure rules) after paragraph 7—

          "8.   Civil Procedure Rules may make provision for any matter relating to claims for damages made under section ( ) of the Enterprise Act 2002.".'.


Prohibition

   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

NC4

To move the following Clause:—

       'In connection with commercial dealings no trader shall engage in conduct which is misleading or deceptive.'.


Use of fines by OFT
   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field
Dr Vincent Cable

NC5

To move the following Clause:—

    '(1)   The OFT will consider whether any fines which it imposes under Chapter I or Chapter II of the 1998 Act might be applied for any purpose or purposes which would contribute towards remedying harm suffered by consumers generally as a result of the infringements of those provisions.

    (2)   The OFT may, in pursuance of subsection (1), make such direction as it considers appropriate.'.


Enforcement orders: costs
   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Jonathan Djanogly
Mr Mark Field

NC6

To move the following Clause:—

       'Where the court determines that the person named in the application is not engaged in conduct which constitutes an infringement and that therefore the application brought under section 206 has failed, the court shall make an order that the enforcer shall bear the costs of that application.'.


Fees: further provision
   

Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field

NC9

To move the following Clause:—

'.—The following shall be inserted after section 415(3) of the Insolvency Act 1986 (Fees orders (individual insolvency proceedings in England and Wales)):

    "(3A)   An order under this section shall provide for:

      (a) exemption from any fees payable under this section by applicants who, at the time when a fee would otherwise be payable, are in receipt of income support, income-based jobseekers allowance, working families tax credit or disabled persons tax credit (working tax credit and pension tax credit from April 2003) and any other benefit that the Secretary of State may by order specify;

      (b) remission of all or part of any fees payable under this section where the Secretary of State considers that the payment of any fees payable under this section would, owing to the exceptional circumstances of the particular case, cause undue financial hardship;

      (c) a reduction in the fees payable under this section where:

      (i) two or more people living in the same household petition for bankruptcy at the same time, and

      (ii) they are jointly and severally liable for at least one debt in both petitions;

      (d) payment of any fees payable under this section by instalments".'.

 
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