HL Deb 24 October 1990 vol 522 c1458

147 Before Clause 82, insert the following clause:

Tying-in: offences

`.—(1) If any person contravenes section (Tying-in arrangements in connection with residential property loans) (2) or (4) he shall be guilty of an offence.

(2) Subsection (3) applies where—

  1. (a) a person ("the lender") has, in relation to a proposed agreement for the provision to any person ("the borrower") of a residential property loan together with one or more controlled services, complied with the conditions mentioned in section (Tying-in arrangements in connection with residential property loans) (3); and
  2. (b) the borrower has declined to take from the lender one or more of the controlled services to which the proposed agreement relates.

(3) The lender shall be guilty of an offence if he refuses to provide the borrower with the proposed residential loan or refuses to provide it to him—

  1. (a) on the terms of the proposed agreement; or
  2. (b) where they differ, on terms which are compatible with the statement required by section (Tying-in arrangements in connection with residential property loans) (3) (c) (ii),
unless he proves that his reason for so refusing was unconnected with the borrower's having declined as mentioned in subsection (2) (b).

(4) Where a lender proposes to enter into—

  1. (a) an agreement for the provision to a borrower of a residential property loan; and
  2. (b) a separate agreement with the borrower for the provision to him of a controlled service, those proposed agreements shall be treated, for the purposes of subsection (2), as a single proposed agreement.

(5) Any person guilty of an offence under this section shall be liable—

  1. (a) on summary conviction, to a fine not exceeding the statutory maximum; and
  2. (b) on conviction on indictment, to a fine.

(6) Subsection (7) applies where an offence under this section is committed by a body corporate.

(7) If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—

  1. (a) any director, secretary or other similar officer of the body corporate; or
  2. (b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(8) The fact that a person has committed an offence under this section in connection with any agreement shall not make the agreement void, or unenforceable (whether as a whole or in part) or otherwise affect its validity or give rise to any cause of action for breach of statutory duty.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 147.

Moved, That the House do agree with the Commons in their Amendment No. 147.—(The Lord Chancellor.)