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Lord Offord of Garvel

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Offord of Garvel, Lord (122)
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I thank noble Lords for their amendments, contributions and questions. I turn first to Amendment 68, proposed by the noble Baroness, Lady Bennett of Manor Castle. This amendment would provide that consumers’ collective interests included avoiding any detrimental effects resulting from the advertising of high-carbon products and services. The Bill...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2054
House
House of Lords

The view of the Government in this legislation is that the banned commercial practice is banned already, as set out in Schedule 19, and that a strict civil enforcement regime is already in place, strengthened by Part 3. It is down to enforcers to tackle these misleading replica goods; our...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2055
House
House of Lords

As some clarification is required, I am happy to write further on the matter.

Amendments 70, 71 and 93 to 98 are technical government amendments. The Bill empowers the courts to impose monetary penalties for a breach of consumer law and procedures. To accommodate the different processes by which court orders...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2055-6
House
House of Lords

We are clear that the CMA provides general guidance and advice, but it is the responsibility of businesses to comply with the law. If the CMA is transformed into a bespoke legal advice service, it will not be doing the work it is meant to do, which is focusing on...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2056-7
House
House of Lords

On the basis that my noble friend Lord Camrose has responsibility for the IPO, he has kindly offered to write to the noble Lord on this matter and give further clarification.

This has been a varied and valuable debate. I thank noble Lords again for their engagement. I hope the assurances...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2057-8
House
House of Lords

Moved by

Lord Offord of Garvel

70: Clause 158, page 102, line 32, after second “order” insert “, or a notice accompanying service of the order,”

Member's explanatory statement

This amendment provides that, where an order is made requiring payment of a monetary penalty, the requirement to provide monetary penalty information (see clause 203)...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2058-9
House
House of Lords

Moved by

Lord Offord of Garvel

93: Clause 203, page 137, line 20, leave out “that the respondent has the right” and insert “the rights available to the respondent”

Member's explanatory statement

This is amendment is consequential on my amendments to clause 158.

94: Clause 203, page 137, line 34, at end insert—

“(5) References in...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2061
House
House of Lords

Moved by

Lord Offord of Garvel

102: Schedule 17, page 349, line 29, leave out “or 163” and insert “, 163 or 185”

Member's explanatory statement

This amendment provides that orders under the Estate Agents Act 1979 prohibiting unfit persons from doing estate agency work can be made in cases where a person has...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2062
House
House of Lords

As ever, I start by thanking noble Lords for their amendments and all who spoke for their important and considered contributions. On Amendment 104 on right to repair, tabled by the noble Baroness, Lady Hayman, it has been a great pleasure to discuss this with her during this process and,...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2075-9
House
House of Lords

Moved by

Lord Offord of Garvel

107: Schedule 19, page 362, line 10, at end insert—

“12A “(1) Submitting, or commissioning another person to submit or write—

(a) a fake consumer review, or

(b) a consumer review that conceals the fact it has been incentivised.

(2) Publishing consumer reviews, or consumer review information, in a misleading...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2080-1
House
House of Lords

Moved by

Lord Offord of Garvel

112: Clause 229, page 153, line 12, leave out paragraph (b) and insert—

“(b) the total price of the product (so far as paragraph (ba) does not apply);

(ba) if, owing to the nature of the product, the whole or any part of the total price cannot reasonably...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2081-2
House
House of Lords

Moved by

Lord Offord of Garvel

116: Clause 232, page 157, line 6, leave out “The first regulations made” and insert “Regulations”

Member’s explanatory statement

This amendment, and my other amendment to clause 232, changes the parliamentary procedure for regulations under clause 232 so that any regulations made under the clause (not just the...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2082
House
House of Lords

Moved by

Lord Offord of Garvel

119: Clause 236, page 159, line 8, at end insert—

“(aa) the descriptions of practices mentioned in paragraph 12A of that Schedule;”

Member’s explanatory statement

This amendment provides that the new unfair commercial practice relating to fake reviews provided for by my amendment to Schedule 19 will be an...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2082
House
House of Lords

Moved by

Lord Offord of Garvel

121: Schedule 20, page 367, line 3, at end insert—

“(2A) In section 74(3) (interpretation of Chapter)—

(a) in paragraph (b) for “the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277)” substitute “Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024”;

(b) in...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2082-3
House
House of Lords

Moved by

Lord Offord of Garvel

122: Clause 254, page 167, line 37, at end insert—

“(5) See section 274(4) to (8) for how this Chapter applies in relation to a contract that—

(a) was an excluded contract at the time it was entered into, and

(b) on subsequently ceasing to be an excluded contract,...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2083
House
House of Lords

My Lords, I am delighted to speak to this group of amendments, and I thank the noble Lord, Lord Clement-Jones, and my noble friends Lord Lucas and Lord Mendoza for their amendments. I will first address the government amendments.

Amendments 122 to 125, 138 and 139 aim to address the concerns...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2083-5
House
House of Lords

Once again, I thank all noble Lords for their passionate and eloquent speeches. I turn to Amendments 126A, 126B and 127A in the name of the noble Lord, Lord Clement-Jones, and Amendment 127 in the name of the noble Lord, Lord Lucas, relating to reminder notices.

The purpose of these notices...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2089-2090
House
House of Lords

Moved by

Lord Offord of Garvel

123: Schedule 21, page 371, line 16, leave out “who is not a body corporate” and insert “whose business is a micro-entity”

Member's explanatory statement

This amendment, along with my other amendments to Schedule 21, provides that a contract for the supply of foodstuffs etc delivered to the...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 cc2090-1
House
House of Lords

Moved by

Lord Offord of Garvel

128: Clause 259, page 172, line 18, leave out paragraph (a) and insert—

“(a) in a way which is straightforward, and”

Member's explanatory statement

This amendment sets out the principle that must inform the way in which a trader enables a consumer to bring a subscription contract to an...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2092
House
House of Lords

Moved by

Lord Offord of Garvel

130: Clause 262, page 174, line 15, leave out paragraphs (a) and (b) and insert “may be given by the consumer making a clear statement setting out their decision to cancel the contract.”

Member's explanatory statement

This amendment enables a consumer to exercise a right to cancel a...

Member
Lord Offord of Garvel (Conservative)
Type
Proceeding contributions
Date
13 March 2024
Reference
836 c2092
House
House of Lords