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Amendment Paper as at
Monday 17th June 2002

CONSIDERATION OF BILL


ENTERPRISE BILL, AS AMENDED

NOTE

The Amendments have been arranged in accordance with the Order of the House [13th June].

   

Ms Secretary Hewitt

380

Page     239,     line     40     [Schedule     13],     at end insert—

     '8A Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic commerce").'


   

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

195

Page     147,     line     4     [Clause     204],     after '(2)', add 'or (2A) or (2B)'.

   

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

196

Page     147,     line     26     [Clause     204],     at end add—

    '(2A)   An act or omission or course of conduct falls within this subsection if it amounts to the abuse by the person in question ("the supplier") of his superior knowledge or bargaining strength so that he:

(a) unfairly induces consumers to enter into transactions which are not the result of free and informed decisions; or

(b) unfairly hinders consumers from enforcing rights under any consumer transaction.

    (2B)   In considering whether an act, omission or course of conduct amounts to an abuse under subsection 2A, the court shall take into account all the circumstances, including the nature of the goods or services in question, the nature and extent of any commitments undertaken by the consumers in question and any lack of good faith on the part of the supplier, and the court may have regard to:

(a) any representation made by the supplier, or failure to disclose information, which unreasonably prevents consumers from making adequate price or value comparisons between competing suppliers;

(b) any exploitation by the supplier of consumers' inability to make free and informed decisions, or to enforce rights under contracts, because of physical or mental infirmity, inability to understand the language of the transaction or other vulnerability;

(c) any failure by the supplier to comply with a consumer code of practice (as defined in section 8(4) of this Act) which he claims to follow;

(d) any act or omission by the supplier which causes any unreasonable expense of time or money by consumers pursuing legitimate complaints or rights under contracts entered into with the supplier; and

(e) any failure to keep consumers reasonably informed about matters relating to a contract for supply of services, or which might affect a decision whether or not to change suppliers.'.


   

Ms Secretary Hewitt

375

Page     148,     line     27     [Clause     206],     at end insert—

'(c) the Department of Enterprise, Trade and Investment Northern Ireland.'


   

Dr Vincent Cable
Alastair Carmichael
Dr John Pugh

373

Page     150,     line     18     [Clause     208],     after 'a', insert 'domestic or a'.

   

Ms Secretary Hewitt

376

Page     150,     line     29     [Clause     208],     after 'Wales' insert 'or Northern Ireland'.


   

Ms Secretary Hewitt

377

Page     151,     line     32     [Clause     210],     leave out 'that subsection' and insert 'subsection (3) of that section'.


   

Ms Secretary Hewitt

378

Page     156,     line     12     [Clause     215],     leave out subsection (10) and insert—

    '(10)   A person is an associate of an individual if—

(a) he is the spouse of the individual;

(b) he is a relative of the individual;

(c) he is a relative of the individual's spouse;

(d) he is the spouse of a relative of the individual;

(e) he is the spouse of a relative of the individual's spouse;

(f) he lives in the same household as the individual otherwise than merely because he or the individual is the other's employer, tenant, lodger or boarder;

(g) he is a relative of a person who is an associate of the individual by virtue of paragraph (f);

(h) he has at some time in the past fallen within any of paragraphs (a) to (g).

    (11)   A person is also an associate of—

(a) an individual with whom he is in partnership;

(b) an individual who is an associate of the individual mentioned in paragraph (a);

(c) a body corporate if he is a controller of it or he is an associate of a person who is a controller of the body corporate.

    (12)   A body corporate is an associate of another body corporate if—

(a) the same person is a controller of both;

(b) a person is a controller of one and persons who are his associates are controllers of the other;

(c) a person is a controller of one and he and persons who are his associates are controllers of the other;

(d) a group of two or more persons is a controller of each company and the groups consist of the same persons;

(e) a group of two or more persons is a controller of each company and the groups may be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.

    (13)   A relative is a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant.'


   

Ms Secretary Hewitt

379

Page     158,     line     25     [Clause     221],     at end insert—

'(c) section 7 of the Civil Evidence Act (Northern Ireland) 1971 (c.36 (N.I.)) (corresponding provision in Northern Ireland).'

   

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

320

Page     158,     line     36     [Clause     222],     leave out from the beginning to 'Act' and insert 'Before the coming into force of this part of the'.


NEW CLAUSES RELATING TO PART 10

Bankrupt's home

   

Ms Secretary Hewitt

NC6

To move the following Clause:—

    '(1)   The following shall be inserted after section 283 of the Insolvency Act 1986 (definition of bankrupt's estate)—

          "283ABankrupt's home ceasing to form part of estate    (1)   This section applies where property comprised in the bankrupt's estate consists of an interest in a dwelling-house which at the date of the bankruptcy was the bankrupt's sole or principal residence.

          (2)   At the end of the period of three years beginning with the date of the bankruptcy the interest mentioned in subsection (1) shall—

      (a) cease to be comprised in the bankrupt's estate, and

(b) vest in the bankrupt (without conveyance, assignment or transfer).

    (3)   Subsection (2) shall not apply if during the period mentioned in that subsection—

(a) the trustee realises the interest mentioned in subsection (1),

(b) the trustee applies for an order for sale in respect of the dwelling-house,

(c) the trustee applies for an order for possession of the dwelling-house,

(d) the trustee applies for an order under section 313 in Chapter IV in respect of that interest, or

(e) the trustee and the bankrupt agree that the bankrupt shall incur a specified liability to his estate (with or without the addition of interest from the date of the agreement) in consideration of which the interest mentioned in subsection (1) shall cease to form part of the estate.

    (4)   Where an application of a kind described in subsection (3)(b) to (d) is made during the period mentioned in subsection (2) and is dismissed, unless the court orders otherwise the interest to which the application relates shall on the dismissal of the application—

(a) cease to be comprised in the bankrupt's estate, and

(b) vest in the bankrupt (without conveyance, assignment or transfer).

    (5)   If the bankrupt does not inform the trustee or the official receiver of his interest in a property before the end of the period of three months beginning with the date of the bankruptcy, the period of three years mentioned in subsection (2)—

(a) shall not begin with the date of the bankruptcy, but

(b) shall begin with the date on which the trustee or official receiver becomes aware of the bankrupt's interest.

    (6)   The court may substitute for the period of three years mentioned in subsection (2) a longer period—

(a) in prescribed circumstances, and

(b) in such other circumstances as the court thinks appropriate.

    (7)   The rules may make provision for this section to have effect with the substitution of a shorter period for the period of three years mentioned in subsection (2) in specified circumstances (which may be described by reference to action to be taken by a trustee in bankruptcy).

    (8)   The rules may also, in particular, make provision—

(a) requiring or enabling the trustee of a bankrupt's estate to give notice that this section applies or does not apply;

(b) about the effect of a notice under paragraph (a);

(c) requiring the trustee of a bankrupt's estate to make an application to the Chief Land Registrar.

    (9)   Rules under subsection (8)(b) may, in particular—

(a) disapply this section;

(b) enable a court to disapply this section;

(c) make provision in consequence of a disapplication of this section;

(d) enable a court to make provision in consequence of a disapplication of this section;

(e) make provision (which may include provision conferring jurisdiction on a court or tribunal) about compensation."

    (2)   Section 313 of the Insolvency Act 1986 (c.45) (charge on bankrupt's home) shall be amended as follows—

(a) in subsection (2) for ", up to the value from time to time of the property secured," substitute ", up to the charged value from time to time,", and

(b) after subsection (2) insert—

          "(2A)   In subsection (2) the charged value means—

      (a) the amount specified in the charging order as the value of the bankrupt's interest in the property at the date of the order, plus

(b) interest on that amount from the date of the charging order at the prescribed rate.

    (2B)   In determining the value of an interest for the purposes of this section the court shall disregard any matter which it is required to disregard by the rules."

    (3)   The following shall be inserted after section 313 of that Act—

          "313ALow value home: application for sale, possession or charge    (1)   This section applies where—

      (a) property comprised in the bankrupt's estate consists of an interest in a dwelling-house which at the date of the bankruptcy was the bankrupt's sole or principal residence, and

(b) the trustee applies for an order for the sale of the property, for an order for possession of the property or for an order under section 313 in respect of the property.

    (2)   The court shall dismiss the application if the value of the interest is below the amount prescribed for the purposes of this subsection.

    (3)   In determining the value of an interest for the purposes of this section the court shall disregard any matter which it is required to disregard by the order which prescribes the amount for the purposes of subsection (2)."

    (4)   The following shall be inserted after section 307(2)(a) of the Insolvency Act 1986 (c.45) (after-acquired property: exclusions)—

      "(aa) any property vesting in the bankrupt by virtue of section 283A in Chapter II,".

    (5)   In section 384(2) of that Act (prescribed amounts) after "section 273;" insert—

 "section 313A;".

    (6)   In section 418(1) of that Act (monetary limits in bankruptcy) after the entry for section 273 insert—

section 313A (value of property below which application for sale, possession or charge to be dismissed);".    (7)   In subsection (8)—

(a) "pre-commencement bankrupt" means an individual who is adjudged bankrupt on a petition presented before subsection (1) above comes into force, and

(b) "the transitional period" is the period of three years beginning with the date on which subsection (1) above comes into force.

    (8)   If a pre-commencement bankrupt's estate includes an interest in a dwelling-house which at the date of the bankruptcy was his sole or principal residence, at the end of the transitional period that interest shall—

(a) cease to be comprised in the estate, and

(b) vest in the bankrupt (without conveyance, assignment or transfer).

    (9)   But subsection (8) shall not apply if before or during the transitional period—

(a) any of the events mentioned in section 283A(3) of the Insolvency Act 1986 (c.45) (inserted by subsection (1) above) occurs in relation to the interest or the dwelling-house, or

(b) the trustee obtains any order of a court, or makes any agreement with the bankrupt, in respect of the interest or the dwelling-house.

    (10)   Section 283A(4) of that Act shall apply to an application made during the transitional period in relation to a pre-commencement bankrupt as it applies to an application made during the period mentioned in section 283A(2).'.

 
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Prepared 17 Jun 2002