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EnactedRoyal Assentc. 10

Financial Guidance and Claims Act 2018

This bill became lawView the statute on acthub →c. 10 · 10 May 2018

Bill texts 5

  • HL Bill 1 (as introduced)Bill · 22 Jun 2017download soon
  • HL Bill 70 (as amended on Report)Bill · 01 Nov 2017download soon
  • Bill 131 2017-19, as introducedBill · 23 Nov 2017download soon
  • Bill 160 2017-19 (as amended in Committee)Bill · 06 Feb 2018download soon
  • HL Bill 97 Commons amendmentsBill · 24 Apr 2018download soon

Amendments 60

Committee stage — Lords 20

WithdrawnClause 2EditBillBody

after “occupational” insert “, state”

Moved: Lord McKenzie of Luton#7107
NotMovedClause 2EditBillBody

at end insert “and to individuals who may be expected to be contemplating major financial commitments, such as, but not limited to, mortgages, pensions and vehicle finance plans,”

Moved: Baroness KramerSponsor: Lord Sharkey#7116
NotMovedClause 2EditBillBody

at end insert— The money guidance function must include, but is not limited to—

Moved: Lord McKenzie of LutonSponsor: Lord Stevenson of Balmacara#7121
NotMovedClause 2EditBillBody

at end insert “including by means of provision to the public of a pensions dashboard.”

Moved: Baroness Drake#7129
WithdrawnClause 2EditBillBody

at end insert— financial inclusion,”

Moved: Lord McKenzie of Luton#7131
WithdrawnClause 2EditBillBody

at end insert— “that must remain free at the point of use for members of the public.”

Moved: Lord McKenzie of LutonSponsor: Lord Stevenson of Balmacara#7133
WithdrawnClause 1EditBillBody

at end insert— As soon as is practical after the completion of the transfer schemes referred to in subsection (7), the single financial guidance body must produce a business plan which must—

Moved: Lord McKenzie of Luton#7138
WithdrawnClause 2EditBillBody

at end insert— In relation to the strategic function, such advice to the Secretary of State may include advocating for the introduction of a period of up to 12 months during which time interest and other charges on an individual’s debts may be frozen, and enforcement action halted, in order to allow them time to seek and act upon debt advice.”

Moved: Baroness KramerSponsor: Lord Sharkey, Lord Kirkwood of Kirkhope#7140
NotMovedClause 2EditBillBody

at end insert— Under this Act, providing information, guidance and advice to members of the public includes providing information to self-employed members of the public.”

Moved: Lord McKenzie of LutonSponsor: Lord Stevenson of Balmacara#7154
WithdrawnClause 2EditBillBody

leave out subsection (5) and insert— The debt advice function is to commission the provision of sufficient debt advice services, which are to be free at the point of use, to meet the needs of people in financial crisis in England.”

Moved: Lord Stevenson of Balmacara#7156
NotMovedClause 2EditBillBody

at end insert— The single financial guidance body must commission the provision of debt advice services on the basis of consultation with relevant bodies involved in the provision of information, guidance and advice on personal debt.”

Moved: Lord Stevenson of Balmacara#7157
NotMovedClause 2EditBillBody

at end insert— the awareness of scams and frauds relating to financial products,”

Moved: Lord McKenzie of Luton#7170
NotMovedClause 2EditBillBody

leave out “young people” and insert “adults”

Moved: Baroness Altmann#7172
NotMovedClause 2EditBillBody

at end insert— public understanding of how to access information and guidance,

Moved: Baroness Altmann#7173
WithdrawnClause 2EditBillBody

leave out “advice” and insert “counselling”

Moved: Baroness Altmann#7176
NotMovedClause 2EditBillBody

leave out “and advice” and insert “, guidance and counselling”

Moved: Baroness Altmann#7178
WithdrawnClause 2EditBillBody

at end insert— the debt solutions function.”

Moved: Lord Stevenson of Balmacara#7183
WithdrawnClause 2EditBillBody

leave out “provide” and insert “ensure provision of”

Moved: Lord Stevenson of Balmacara#7185
WithdrawnClause 2EditBillBody

leave out “provide” and insert “ensure provision of”

Moved: Lord Stevenson of Balmacara#7186
WithdrawnClause 2EditBillBody

after “children” insert “, care leavers”

Moved: The Earl of Listowel#7188

Report stage — Lords 20

WithdrawnClause 2EditBillBody

at end insert “including by means of provision to the public of a pensions dashboard.”

Moved: Baroness Drake#7300
AgreedClause 2EditBillBody

after “public,” insert “free and impartial”

Moved: Baroness Buscombe#7312
AgreedClause 2EditBillBody

after “England,” insert “free and impartial”

Moved: Baroness Buscombe#7313
AgreedClause 2EditBillBody

after “public,” insert “free and impartial”

Moved: Baroness Buscombe#7314
WithdrawnClause 2EditBillBody

at end insert— access to financial services for people in vulnerable circumstances,”

Moved: Baroness Finlay of LlandaffSponsor: Baroness Coussins, Baroness Hollins, Lord McKenzie of Luton#7331
AgreedClause 2EditBillBody

at end insert— the consumer protection function;”

Moved: Lord SharkeySponsor: Lord McKenzie of Luton, Baroness Altmann, The Earl of Kinnoull#7347
AgreedClause 2EditBillBody

at end insert— In exercising its functions the single financial guidance body must have regard to the effect of cold-calling on consumer protection and must make and publish an annual assessment of any consumer detriment.

Moved: Lord SharkeySponsor: Lord McKenzie of Luton, Baroness Altmann, The Earl of Kinnoull#7348
AgreedClause 2EditBillBody

at end insert— The consumer protection function includes the obligation for the single financial guidance body to pass on casework from consumers to the FCA relating to—

Moved: Lord SharkeySponsor: Lord McKenzie of Luton, Baroness Altmann, The Earl of Kinnoull#7349
WithdrawnClause 2EditBillBody

after “support” insert “financial inclusion and to support”

Moved: Lord McKenzie of LutonSponsor: Baroness Kramer#7356
NotMovedClause 2EditBillBody

at end insert— to contribute to the reduction and elimination of financial exclusion, in particular for vulnerable individuals, families and communities.”

Moved: Lord McKenzie of Luton#7357
WithdrawnClause 2EditBillBody

after “children” insert “, care leavers”

Moved: Lord Stevenson of Balmacara#7358
NotMovedClause 2EditBillBody

at end insert “and to individuals who may be expected to be contemplating major financial commitments, such as, but not limited to, mortgages, pensions and vehicle finance plans,”

Moved: Lord Stevenson of Balmacara#7359
DisagreedClause 2EditBillBody

at end insert— the awareness of scams and frauds relating to financial products,”

Moved: Lord McKenzie of Luton#7360
NotMovedClause 2EditBillBody

at end insert— The single financial guidance body must produce a report advising the Secretary of State on how government departments might best assess the impact on financial inclusion, financial capability and household debt of any proposals for a change to public expenditure, administration or policy.

Moved: Lord Stevenson of Balmacara#7361
WithdrawnClause 2EditBillBody

at end insert— In seeking to improve the provision of financial education to children and young people, the single financial guidance body may advise the Secretary of State that—

Moved: Lord McKenzie of Luton#7362
WithdrawnClause 2EditBillBody

at end insert— As part of undertaking its strategic function to improve the financial capability of members of the public, the single financial guidance body must carry out research on a periodic basis, in collaboration with other bodies with an interest in debt issues, to determine—

Moved: Lord McKenzie of Luton#7363
NotMovedClause 2EditBillBody

after “organisations,” insert “and prioritising the allocation of resources to front line advice and guidance delivery”

Moved: Lord Stevenson of Balmacara#7364
NotMovedClause 2EditBillBody

at end insert— The single financial guidance body must ensure that sufficient funds are allocated towards the discharging of its debt advice function to meet the reasonable needs of members of the public in England.”

Moved: Lord Stevenson of Balmacara#7365
NotMovedClause 2EditBillBody

at end insert— In order to support working across the money guidance, pensions guidance and debt advice sectors, the single financial guidance body must work collaboratively with—

Moved: Lord McKenzie of Luton#7367
WithdrawnClause 2AddClauseOrSchedule

Leave out clause 2 and insert the following new clause— “Objectives and functions

Moved: Lord Stevenson of Balmacara#7368

3rd reading — Lords 20

AgreedClause 2AddClauseOrSchedule

Insert the following new Clause— “Objectives

Moved: Baroness Buscombe#7790
AgreedClause 2EditBillBody

at end insert— Where the single financial guidance body provides information, guidance or advice to a person in pursuance of one of the functions mentioned in subsection (1)(a) to (c), it must consider whether the person would benefit from receiving information, guidance or advice in pursuance of any other of those functions (and it must ensure that SFGB delivery partners are under a similar duty).”

Moved: Baroness Buscombe#7791
AgreedClause 2EditBillBody

leave out “support and co-ordinate the development of” and insert “develop and co-ordinate”

Moved: Baroness Buscombe#7792
AgreedClause 2EditBillBody

leave out lines 21 and 22 and insert— In developing and co-ordinating the national strategy, the single financial guidance body must work with others, such as those in the financial services industry, the devolved authorities and the public and voluntary sectors.”

Moved: Baroness Buscombe#7793
AgreedClause 2EditBillBody

leave out subsection (14)

Moved: Baroness Buscombe#7794
AgreedClause 2EditBillBody

leave out subsection (15)

Moved: Baroness Buscombe#7795
AgreedClause 2DeleteClauseOrSchedule

Divide clause 2 into two clauses, the first (Functions) consisting of subsections (1) to (3) and (9) to (13A) and the second (Cold-calling) consisting of subsections (4) to (8)

Moved: Baroness Buscombe#7796
AgreedClause 3EditBillBody

leave out from “In” to “insert” in line 2 and insert “section 137FB of the Financial Services and Markets Act 2000 (FCA general rules: disclosure of information about the availability of pensions guidance), after subsection (3)”

Moved: Baroness Buscombe#7797
AgreedClause 14EditBillBody

leave out subsection (9)

Moved: Baroness Buscombe#7798
AgreedClause 19EditBillBody

at end insert— “the “devolved authorities” means—

Moved: Baroness Buscombe#7799
AgreedClause 20EditBillBody

leave out “England or Wales” and insert “Great Britain”

Moved: Baroness Buscombe#7800
AgreedClause 20EditBillBody

leave out “England or Wales” and insert “Great Britain”

Moved: Baroness Buscombe#7801
AgreedClause 20EditBillBody

leave out “England and Wales” and insert “Great Britain”

Moved: Baroness Buscombe#7802
AgreedClause 20EditBillBody

leave out “England and Wales” and insert “Great Britain”

Moved: Baroness Buscombe#7803
AgreedClause 20EditBillBody

leave out “England and Wales” and insert “Great Britain”

Moved: Baroness Buscombe#7804
AgreedClause 20EditBillBody

leave out “England and Wales” and insert “Great Britain”

Moved: Baroness Buscombe#7805
AgreedClause 20EditBillBody

leave out “England and Wales” and insert “Great Britain”

Moved: Baroness Buscombe#7806
AgreedClause 2EditBillBody

at end insert “, and advice to the Secretary of State on the establishment of a debt respite scheme (see section (Debt respite scheme: advice to the Secretary of State)).”

Moved: Baroness BuscombeSponsor: Lord Stevenson of Balmacara#7933
AgreedClause 4AddClauseOrSchedule

Insert the following new Clause— “Debt respite scheme: advice to the Secretary of State

Moved: Baroness BuscombeSponsor: Lord Stevenson of Balmacara#7934
AgreedClause 4AddClauseOrSchedule

Insert the following new Clause— “Debt respite scheme: regulations

Moved: Baroness BuscombeSponsor: Lord Stevenson of Balmacara#7935