There are two developments of interest to Trading Standards’ responsibilities.
Firstly, the implementation of the Unfair Commercial Practices Directive provides a significant opportunity to modernise and simplify the UK’s consumer law framework. We are still considering how to implement the Directive, but one option is to provide access to civil and criminal investigative powers for almost all breaches of the Directive. Given that the Directive contains important provisions that are new to UK law, this would effectively extend Trading Standards’ existing powers. We are also considering placing a duty to enforce on Trading Standards and the OFT in order to ensure effective enforcement of the Directive.
Secondly, the Consumer Protection Co-operation regulation will provide enforcers, including Trading Standards departments, with a new power of on-site inspection to investigate civil infringements of consumer law. In addition, the regulation formalises co-operation arrangements on the enforcement of intra-Community laws that protect consumers’ interests. It will therefore place a legal requirement on enforcers to provide mutual assistance for the exchange of information and co-operation on cross-border cases.
In addition, the Government will be establishing the Local Better Regulation Office which will work in partnership with Trading Standards to reduce administrative burdens on business.