BOROUGH OF POOLE
CABINET DECISION BY PORTFOLIO HOLDER FOR THE ENVIRONMENT
February 2008
REPORT OF THE HEAD OF ENVIRONMENTAL & CONSUMER PROTECTION SERVICES
Request for the delegation of enforcement of The Consumer Protection from Unfair Trading Regulations 2007 and The Business Protection from Misleading Marketing Regulations 2007 to Environmental & Consumer Protection Services
1. Purpose of Report
1.1 To inform the Portfolio Holder of new enforcement duties that apply to Local Authorities and to seek approval for E&CPS staff to carry out such duties under the Council’s Scheme of Delegation.
2. Decision Required
2.1 The Portfolio Holder authorises the Head of E&CPS and such other staff as required to enforce The Consumer Protection from Unfair Trading Regulations 2007 (CPR’s) made under The European Communities Act 1972.
2.2 The Portfolio Holder authorises the Head of E&CPS and such other staff required to enforce The Business Protection from Misleading Marketing Regulations 2007 (BPRs) also made under the European Communities Act 1972.
3. Background/Information
3.1 The CPR’s implement European Directive 2005/29/EC concerning unfair business-to-consumer commercial practices and Article 6.2 of Directive 1999/44/EC in relation to certain aspects of the sale of consumer goods and associated guarantees. The CPR’s are due to come into force on 6th April 2008.
3.2 The CPR’s prohibit unfair commercial practices i.e. breach of the requirements of professional diligence, misleading actions, misleading omissions, aggressive practices and 31 specified unfair commercial practices. They also impose a prohibition on the promotion of unfair commercial practices by persons responsible for codes of conduct for traders. The prohibitions will also be enforceable through Part 8 of the Enterprise Act 2002 and the breach of the majority of the prohibitions will be a criminal offences.
3.3 There will be a duty to enforce the CPR’s for Local Weights and Measures Authorities. Powers to enforce the CPR’s include the power to make test purchases and to enter premises without a warrant.
3.4 The Enterprise Act 2002 will be amended to so that contravention of the CPR’s is a community infringement enabling enforcers to use the provisions of The Enterprise Act to obtain undertakings, enforcement orders and injunctions requiring traders to comply with the requirements of CPR’s through the civil courts.
3.5 The CPR’s revokes or repeals part or all of several pieces of consumer protection legislation enforced by E&CPS including The Trade Descriptions Act 1968 and Fair Trading Act 1973.
3.6 The BPR’s implement European Directive 2006/114/EC concerning misleading and comparative advertising and are due in force 6th April 2008.
3.7 The BPR’s prohibit misleading indications by traders and set out the conditions under which comparative indications will be permitted. They also impose a prohibition on the promotion by code owners of misleading indications and comparative indications which are not permitted.
3.8 The BPR’s include criminal offences and defences that apply when a trader makes a misleading indication.
3.9 There will be a duty to enforce the BPR’s for Local Weights and Measures Authorities. Powers to enforce the BPR’s include the power to make test purchases, to enter premises without a warrant and to take proceedings for an injunction to secure compliance with the Regulations.
4.0 Legal Implications
No Impact
5.0 Financial Implications
No Impact
6.0 Equality
6.1 No differential Impact
Shaun Robson
Head of Environmental and Consumer Protection Services
Contact Officer: Lucy Magill, Regulatory Services Manager 01202 261736
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