Lord Offord of Garvel:

Moved by Lord Offord of Garvel

136: Clause 266, page 177, line 25, at end insert “(for example, provision that a consumer may lose the right to cancel a subscription contract during a cooling-off period if they choose to be supplied with digital content or services under the contract during that period)”Member's explanatory statementThis amendment makes clear that the power under clause 266(1)(a) may be exercised to provide that a consumer may lose the right to cancel during a cooling-off period if the consumer chooses to receive digital content or services during that period.

137: Clause 266, page 178, line 3, at end insert—“(3A) Provision under subsection (3)(a) and (b) may secure the result (for example, in cases where a consumer has been supplied with digital content or services under a contract before it is cancelled during a cooling-off period) that—(a) the consumer remains liable (partly or fully) for payments falling due before the cancellation of the contract, and(b) the consumer is entitled to a reduced or no refund.”Member's explanatory statementThis amendment makes clear that the power under clause 266(1)(b) may be exercised to provide that a consumer remains fully or partly liable, and so is not entitled to a refund or a full refund, in respect of payments they have made under a subscription contract before cancelling it during a cooling-off period, for example where the consumer has received digital content or services during that period.

Amendments 136 and 137 agreed.

Clause 274: Application of this Chapter