... Sophie Wood, a barrister at Kingsley Napley LLP, assesses how the government’s belief in ‘proportionate fines’ will affect proceedings in magistrates’ courts across the land. Beyond fines, imprisonment and court appearances, officers may "raid" offices and directors' homes, seizing documents and ICT equipment. This can be requested from your local authority. Job titles and qualifications vary between different local authorities and between different functions, but for the purposes of this guide they are referred to as trading standards officers, or TSOs. Businesses can also check to make sure they’re trading legally. London Trading Standards (LTS) has issued a stark warning to tenants to make sure they understand their rights or risk being ripped off by rogue letting agents after issuing over a million pounds in fines. Trading standards offences can usually be punished with a fine, and in many cases the amount is unlimited. Are you satisfied? Find out … A new official standard has been published by Water UK which will make it easier for consumers to tell whether wet wipes can be safely flushed down the toilet, representing a major victory in the fight to prevent ‘fatbergs’. Information on amendments to legislation can be found on each link's 'More Resources' tab. The capital’s trading standards officers have launched a widescale enforcement operation aimed at cracking down on rogue agents who don’t belong to client money protection (CMP) and redress schemes. Trading Standards laws regulate the quantity, quality and safety of goods. Taking expert legal advice at the outset can often make all the difference. Local authorities have a statutory duty to have regard to the desirability of promoting economic growth in their area, and trading standards services are therefore keen to promote successful, compliant business. Premium steakhouse brand Miller & Carter was found to be using a product with only about a third of real lobster in dishes such as its prawn and lobster cocktail starter, lobster thermidor, grilled half lobster and surf and turf. Where a business is prosecuted for fraud, theft or money laundering in addition to or instead of trading standards offences, or for offences under intellectual property law (trade marks and copyright), maximum penalties can be very high indeed (up to 14 years' imprisonment), an order to pay the costs of the investigation and prosecution, a 'criminal behaviour order' restricting future conduct (for example, a ban on making contracts in consumers' homes), disqualification as a company director (where the offence was connected with a company) or from driving (where there is a good reason - for example, where the offence included bad driving or was facilitated by the use of a vehicle), confiscation of assets and money under proceeds-of-crime legislation, forfeiture of any illegal or infringing goods and any equipment used in committing the offence, the order itself. Enter your postcode to find a Trading Standards office near you to complain about illegal sales activity. No. Trading Standards act on behalf of consumers and business, and advise on and enforce laws that govern the way we buy, sell and rent goods and services. Trading standards services enforce the law across a range of subject areas, including: Trading standards services visit business premises for a number of reasons, but the underlying purpose of a visit is generally to check and ensure that the business is complying with the law as well as to address or investigate any non-compliance. If you are in any doubt about your legal responsibilities with regard to the topics on this site and would like more guidance, start by getting in touch with your local trading standards service; you can find their contact details by using the search tool on the Chartered Trading Standards Institute website. This information is intended for guidance; only the courts can give an authoritative interpretation of the law. Trading Standards can take businesses to court or stop them operating, but they won’t help you fix your problem - … Investigations can also damage consumer confidence and commercial reputations. Compliance notices are available under a range of laws, including food standards, animal health, product safety, weights and measures, and fair trading. Depending on the legislation they are enforcing, they may have additional powers or powers that are slightly different. Call charges may vary. Consumer enquiries from England, Scotland and Wales are handled by the Citizens Advice Consumer Service who can be contacted by telephone on 03454 04 05 06. For a range of breaches, trading standards services can apply to the County Court or High Court for an enforcement order requiring the business to comply with the law. Ask a question . People working for trading standards services are employees of your local authority (council) and are authorised to carry out their functions to enforce trading standards laws. Leon Livermore, chief executive at the Chartered Trading Standards Institute, Leon Livermore, described the fact that London boroughs had to issue over £1.2million in fines and started 14 criminal prosecutions as ‘truly shocking’. Hundreds of London’s letting agents are being slapped with warnings that they face a hefty fine for failing to protect landlords’ money. ‘But because so many letting agents have been flouting existing laws, you have to be vigilant when looking for a new home to avoid being ripped off. These notices have different names and different conditions depending on the law they are made under. Trading Standards Investigations . If a business fails to comply with a notice, this can lead to court action; if the business disagrees with the use of the notice, it usually has the opportunity to apply to the court or a tribunal to appeal against it. ogue letting agents in London face fines of up to £30,000 in a crackdown by trading standards officers in the capital. Latest Headlines. However, in the event of prosecution or an application for an enforcement order, trading standards services can ask for a court order requiring compensation to be paid. A TSO's main powers include the power to enter premises, powers of inspection and powers to secure or seize material that might be required in evidence: Genuine TSOs will always carry photographic identification, which will usually show their name, department and the local authority they work for. If you have any doubts then call your local authority right away. At that stage, a tenant should walk straight out and choose an ARLA member where agents follow a strict code of conduct which puts the tenant first. Trading Standards investigations can cause significant disruption and damage to a business. Scam and nuisance phone calls return to pre-COVID-19 levels. According to Dan Wilson Craw, director of Generation Rent, a campaign organisation on behalf of private renters, the Tenant Fees Act has the potential to save tenants hundreds of pounds every time they move. Aren't trading standards services just there to protect consumers rather than businesses? Although most trading standards law is intended to protect consumers, breaches of trading standards law put honest, reputable, compliant businesses at a disadvantage. Business enquiries are dealt with by your local council. To … The proposal follows a review into referral fees and their impact on buyers and sellers carried out by Trading Standards at the request of the Ministry for Housing, Communities and Local Government. Trading Standards rarely provide feedback to members of the public this in part due to any impact on investigations that are still ongoing but also because they may not have the resources to do so. Our officers can take action against traders who breach trading standards legislation. The website www.deliverylaw.uk is designed and managed by The Highland Council and funded by Trading Standards Scotland, on behalf of the UK Consumer Protection Partnership. Existing 68 ms. ‘Boroughs are cracking down on rogue letting agents to protect tenants from unfair treatment. Trading standards services have no direct powers to order you to stop trading. Refusal of entry could be viewed as obstructing an officer, which is a criminal offence, a TSO can enter your home, or any other premises used solely or mainly as a dwelling, but only with a warrant issued by a court. Allowing traders to trade and encourage a level playing field. The main formal enforcement options include the following. ‘London borough trading standards teams have been increasingly active in tackling rogue letting agents in recent years, with over £1.2 million of fines issued in the past 15 months and 14 criminal prosecutions, but dodgy agents are far too commonplace across London and private renters need to be very careful not to be ripped off,’ said LTS operations director Stephen Knight. Trading standards offences can usually be punished with a fine, and in many cases the amount is unlimited. Archive. Trading Standards Officers investigate complaints about commercial organisations and, if all else fails, prosecute traders who break the law. Rogue letting agents face £30k fines in trading standards clampdown standard.co.uk - Martin Bentham. For more information see 'Primary Authority'. We store cookies on your computer to help us improve this website. All information about trading standards and animal health and welfare is on the Devon and Somerset Trading Standards website – www.devonsomersettradingstandards.gov.uk All Somerset residents and businesses can use this service, as well as anyone who has bought goods or used services during a visit to Somerset. As the research shows, this poses a serious challenge in London, where housing pressures are so severe and a significant number of letting agents have been breaking the rules,’ said London Councils’ executive member for housing and planning and leader of Barking and Dagenham Council, Darren Rodwell. Simon Legg, Head of Brent and Harrow Trading Standards, said: “Often agents try to blame their web programmers for errors, but it’s the agents’ responsibility to check that their websites’ content is correct. In some cases, trading standards services can issue a notice requiring the business to take action or to stop doing something, without the need to apply to court for an order. BEIS has also published guidance on the 'enhanced consumer measures' brought in by the Consumer Rights Act 2015: Enhanced Consumer Measures: Guidance for Enforcers of Consumer Law. 3rd December 2020. For example, London Renters Union could help you if you’ve been asked to pay an illegal fee,’ he explained. The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Work Areas. 17.03.2015. In most cases, businesses are keen to comply with the law and to avoid the risks and expenses of formal enforcement action. Did this site answer your question? Some of the Offences | Trading Standards Solicitors. How many employees are there in your business? The decision to take formal action lies with the local authority, but it is likely that formal action will be taken in cases where there is a serious breach (in terms of the detriment to customers or to other businesses through unfair competitive advantage) or where the business has failed to respond to or engage with informal attempts to secure compliance. The business can usually appeal to the court or a tribunal against the use of such a notice or against the level of penalty imposed. If you proceed, we'll assume you're happy with this; otherwise, you can change your cookie settings at any time. LTS released figures showing that letting agents were fined over £1.2million for breaking the law, either for not displaying fees […] The data reveals that more than 46% of 1,922 agents inspected in the 15 months up to June 2019 by local council trading standards officers were non-compliant with either the Consumer Rights Act and/or the legislation on redress scheme membership. A successful prosecution may have a range of consequences, including the following: This is a formal warning, which may be offered as an alternative to prosecution, where it is in the public interest to do so. Lancashire County Council Trading Standards Service enforces a wide range of public protection legislation.We recognise that most businesses want to comply with the law and we will seek to help them and others meet their legal obligations without unnecessary expense, but we will take firm action where appropriate. Primary Authority is a scheme run by local authorities to offer advice to businesses. Stamp duty holiday could be extended by six weeks, Landlords worried about Capital Gains Tax increase, Stamp duty holiday to be extended by three months, Scotland urged to follow suit in extending stamp duty holiday, Eight Things To Consider While Buying An Air Compressor For DIY Use, Gambling Companies Are Moving into the Virtual World, Why People In London Are Building Loft Conversions Over House Extensions. Trading standards services cannot order redress for individual consumers or take court action on their behalf, although they may offer advice and assistance to consumers making their own claims in court or through an alternative dispute resolution service (see 'Alternative dispute resolution'). However, notice is not needed if: you have waived the need for it to be given to you, the TSO has reasonable suspicion that you have broken the law, giving notice would defeat the purpose of the visit, it is not practicable to give you notice (for example, there is an imminent risk to public health or safety), the entry is for the purposes of market surveillance activities under safety legislation, where a breach of trading standards law is suspected, a TSO can seize goods and documents, a punishment or sentence. ‘It’s the only way to clean up the sector and we’ve been calling for it for a long time. Last updated: 18 July 2019 In this section. However, they can apply to the courts for orders, which may restrict your activities. Trading Standards use the information you give them to investigate unfair trading and illegal business activity, like rogue traders and scams. He also pointed out that two new laws, the Tenant Fees Act and the Client Money Protection Schemes for Property Agents, which have recently come into force are likely to add significant new protections to tenants. To support them and the wider profession we have set up a dedicated area providing updates, news, and support. Also, since 01 April 2019, agents must hold any client money in a separate client money account. Business Companion provides information for businesses and individuals that need to know about trading standards and consumer protection legislation. No. The enforcement survey by London Trading Standards shows that there were over 6,000 letting agents operating across the capital and over 1,000 complaints about them. Trading standards services follow an intelligence-led approach, where the decisions about enforcement activities are informed by the analysis of information from many sources, including complaints and a business's previous history. 01554 742249. However, trading standards services always have formal enforcement options available to them. Such notices are available under a range of legislation, including laws relating to letting agents, secondary ticketing, single-use carrier bags and (in some areas) underage sales of alcohol. He pointed out that anyone needing help with a dodgy letting agent should contact the Citizens Advice consumer helpline on 03454 04 05 06 and they can refer them to their local council trading standards team. Consumer enquiries in Northern Ireland are handled by ConsumerLine who can be contacted by telephone on 0300 1236262. Use the Chartered Trading Standards Institute's postcode finder to locate your local trading standards team. Letting agents that fail to comply with the law on protecting tenants’ and landlords’ money, or other legal requirements, are being issued with fines of up to £30,000 by council trading standards officers in a London-wide enforcement operation aiming to crack down on rogue elements within the renting sector. For the most serious cases imprisonment is an option, with maximum periods of up to two years for some trading standards offences. Trading standards investigations and enforcement powers. Fraudulent Trading [Fraud Act 2006 and Companies Act 1985] The above can be committed by a Company, an individual and Sole Traders for example. LTS released figures showing that letting agents were fined over £1.2million for breaking the law, either for not displaying fees and charges or for not being members of a redress scheme. In some cases, trading standards services can issue a penalty notice, in effect imposing a fine directly on a business without the need for court proceedings. Trading standards investigations can have a dramatic effect on businesses. Business Companion . David Cox, chief executive of the Association of Residential Letting Agents (ARLA) welcomed the prosecution of bad practice in the industry. It provides comprehensive information for consumers, businesses and practitioners on their rights and obligations in relation to parcel delivery and advice on the law relating to delivery charges. In most cases, TSOs have powers under Schedule 5 to the Consumer Rights Act 2015. For guidance on the law in Northern Ireland, please see nibusinessinfo.co.uk. The recommendations include proposals for government to make transparency of referral fees mandatory and require a warning to be given to customers that they should consider shopping around. National Trading Standards has teams overseeing a range of issues, from copycat websites to doorstep crime. People should remember that if they can’t see an agent’s fee template, CMP certificate and redress scheme membership prominently displayed in their office, that’s three laws that they have already broken,’ he said. M&B fined by Trading Standards Mitchells & Butlers has been fined by Trading Standards after serving a cheaper white fish mix instead of advertised lobster. There are a wide range of options available, although the precise options vary depending on the nature of the breach of trading standards law. The content on Business Companion is written and verified by expert contributors, but is not designed to be a replacement for professional advice and is intended only for guidance; only the courts can give an authoritative interpretation of the law. There is no obligation on trading standards services to offer a caution, but it might be offered for relatively minor first-time offending. Business Companion covers trading standards law for England, Scotland and Wales. Until now, trading standards teams had limited powers to tackle rogue letting agents. Oldham Council Trading Standards officers found the pair had tweaked the mileages on seven used cars they had advertised after comparing records from the auction house to the mileages that appeared on the cars. Can trading standards services intervene to get redress for a consumer? What can trading standards services do to stop businesses that break the law? Many breaches of trading standards law are resolved through advice and agreed remedial actions by the business (which might include changing products, systems, labelling or advertising and/or arranging redress for customers who have been affected by a breach). descriptions of goods, digital content and services, food standards and safety (some types of trading standards services, including London boroughs, do not enforce food law), intellectual property (for example, counterfeiting), a TSO can at any reasonable time enter premises to observe the carrying on of a business, to inspect goods or documents, to test weighing or measuring equipment, or to make a test purchase. Trading standards definition: (in Britain) a local authority department that deals with diverse issues under a wide... | Meaning, pronunciation, translations and examples We provide information and prevention tips on how to avoid scams, illegal money lenders and other consumer issues. A TSO can also obtain a warrant to enter any premises by force if necessary, and this might be done, for example, where it is expected that entry will be refused or obstructed. Trading standards officers will be helping deal with the crisis caused by the coronavirus (COVID-19) pandemic. Trading Standards Law at St Pauls Chambers ... As regulators seem to have been given the ‘green light’ to impose huge fines on various types of a company who are involved in offences against consumers, it seems that this type of litigation is bound to grow over the next few years. French standards organisation is AFNOR (Association Francaise de Normalisation) Tour Europe 92049 La Defense Cedex 07 Paris Tel: 00 33 1 47 54 32 95 Fax: 00 33 1 42 94 04 30 www.afnor.fr The French equivalent of Trading Standards is the ‘Direction Generale de la concurrance et consommation et de la repression des fraudes’. Trading standards officers can also carry out inspections of premises on a routine basis - for example, in accordance with an annual programme of inspections. Our regulatory solicitors have vast experience in defending sole traders and businesses facing a Trading Standards investigation and/or prosecution. Each trading standards service has an enforcement policy, which explains how they seek to ensure that the action they take is fair and proportionate. Trading standards enforcement policy. The Department for Business, Energy and Industrial Strategy (BEIS, which was known as the Department of Business, Innovation and Skills at the time) has produced detailed guidance on how the Consumer Rights Act 2015 affects trading standards officers' powers: Investigatory Powers of Consumer law Enforcers: Guidance for Businesses on the Consumer Rights Act 2015. tradingstandards@carmarthenshire.gov.uk. There is no obligation on trading standards services to accept an undertaking, but it may be accepted if the business genuinely appears to be committed to making amends. One of the used cars had seen 35,000 removed from the clock by the pair. Through raising awareness, issuing fines and pursuing prosecutions, we’re determined to support tenants and make clear to rogue letting agents that bad practice is unacceptable,’ he added. Rogue letting agents in London face fines of up to £30,000 in a crackdown by trading standards officers in the capital. Trading Standards is a UK institution which aims to enforce consumer protection with information, settling dispuates and issuing fines…. Trading Standards Officer Rhys Harries said: “The fines are the biggest I’ve ever seen in a single prosecution of a High Street store. © 2021 Chartered Trading Standards Institute, Trading standards: powers, enforcement and penalties, What type of feedback would you like to leave. Public urged to help combat scam mail. ‘Fine to Flush’ standard published. Under the Tenant Fees Act, which applies to tenancies signed since 01 June 2019, agents are banned from charging fees for all but a handful of controlled subjects and deposits are strictly limited. London Trading Standards (LTS) has issued a stark warning to tenants to make sure they understand their rights or risk being ripped off by rogue letting agents after issuing over a million pounds in fines. In addition, trading standards services enforce legislation that protects businesses (such as the Business Protection from Misleading Marketing Regulations 2008, covered in the 'Business-to-business marketing' guide) and give advice to businesses. For the most serious cases imprisonment is an option, with maximum periods of up to two years for some trading standards offences. How trading standards officers ensure that businesses comply with trading standards law, including their powers to visit businesses and to take formal enforcement action. It’s also why we have been calling on the Government to regulate letting agents and are pleased that plans are well underway for mandatory registration and training for all letting agents,’ he added. Introduction Trading standards services in Devon and Somerset are a joint service. if the entry is for a routine inspection then the TSO must give you two days' written notice of the inspection before entering your premises. This may include the following consequences: This is a formal promise by the business to comply with the law and, where appropriate, to take enhanced consumer measures. Feedback. Trading Standards Officers have the enforcement to impose fines of up to £5,000 for any firm that fails to display this information. This must be protected through membership of a client money protection scheme. Trading Standards Wales Impacts and Outcomes Report 2019-2020 The Association of Chief Trading Standards Officers conducts a yearly assessment of Trading Standards Services across England and Wales. Trading Standards legislation is very complex and can result in lengthy investigations, eye watering fines, terms of imprisonment, and the loss of your business. ‘This raises the question what other laws will that agent break? ‘This kind of enforcement work by trading standards illustrates how big a part the profession is playing in keeping UK consumers safe and holding rogue letting agents to account,’ he said. ‘Borough trading standards teams are crucial for tackling this issue.