Amendments 123 to 125

Digital Markets, Competition and Consumers Bill - Report (2nd Day) – in the House of Lords am 7:15 pm ar 13 Mawrth 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Lord Offord of Garvel:

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 statementThis amendment, along with my other amendments to Schedule 21, provides that a contract for the supply of foodstuffs etc delivered to the consumer’s home is excluded from the subscription contracts regime if the trader’s business is a “micro-entity”, which is assessed on the basis of the business’ turnover, balance sheet and number of staff, regardless of whether the business is incorporated or not.

124: Schedule 21, page 371, line 26, at end insert—“(3A) For the purposes of sub-paragraph (1), a business is a micro-entity in each financial year, other than its first financial year, that the condition in sub-paragraph (3B) or (3C) is met in relation to the business.(3B) The condition in this sub-paragraph is met if—(a) the business is carried on by a company, and(b) the company qualified as a micro-entity in accordance with section 384A of the Companies Act 2006 in relation to the preceding financial year.(3C) The condition in this sub-paragraph is met if—(a) the business is not carried on by a company, but(b) if the business had been carried on by a company, the company would have qualified as a micro-entity in accordance with that section in relation to the preceding financial year.(3D) In the first financial year of a business, the business is a micro-entity for the purposes of sub-paragraph (1) if (and for so long as) the person carrying on the business believes on reasonable grounds that the person will qualify as a micro-entity in accordance with section 384A of the Companies Act 2006 in relation to that financial year (or would do so if the person were a company).”Member's explanatory statementSee the explanatory statement for my other amendment to Schedule 21.

125: Schedule 21, page 371, line 29, at end insert—“(5) In this paragraph—“company” has the same meaning as in the Companies Act 2006 (see section 1 of that Act);“financial year” —(a) in relation to a business which is carried on by a company, means the company’s financial year in accordance with sections 390 to 392 of that Act;(b) in relation to a business which is not carried on by a company, means a year, beginning on 6 April and ending on the following 5 April;“first financial year” —(a) in relation to a business which is carried on by a company, means the company’s first financial year in accordance with sections 390 to 392 of the Companies Act 2006;(b) in relation to a business which is not carried on by a company, means the first financial year in which the business begins trading.”Member's explanatory statementThis amendment is consequential on my other amendments to Schedule 21.

Amendments 123 to 125 agreed.

Amendment 126 not moved.

Clause 257: Reminder notices

Amendments 126A and 126B not moved.

Clause 258: Content and timing etc of reminder notices

Amendments 127 to 127A not moved.

Clause 259: Arrangements for consumers to exercise right to end contract