National Trading Standards & Local Trading Standards
‘National Trading Standards’ and ‘Local Trading Standards’ work together to provide and enforce consumer rights in England and Wales.
National Trading Standards safeguards consumers and businesses across England and Wales, ensuring the safety of products entering the UK and the food chain. As part of its mandate, National Trading Standards combat eCrime, conduct regional investigations and tackle scams by funding and coordinating nationwide teams which operate within local authorities.
Local Government Trading Standards officers are employed by local authorities, responsible for protecting consumers and businesses from unfair trading practices and rogue traders.
Whilst Trading Standard Officers are office based, much of their work involves inspecting businesses, investigating complaints, enforcing legislation related to trading standards, either individually or as part of a team, depending on the scope of the investigation. Their efforts aim to prevent the sale of unsafe goods, counterfeit products and fraudulent services.
An important part of their prevention work is educating both consumers and businesses to ensure compliance with laws and promote fair and safe trading practices.
Amandeep Murria of KANGS highlights the activities of Trading Standards.
Trading Standards
Areas of responsibility.
The range of areas of responsibility is enormous and includes:
Fair trading, which includes:
- terms and conditions
- pricing
- descriptions of goods, digital content and services
Product safety.
Weights and measures (also known as 'metrology').
Intellectual property (for example, counterfeiting).
Age restricted products.
Agriculture.
Animal health and welfare.
Petrol and fireworks storage.
Legislation Commonly Used for Enforcement
- Consumer Protection from Unfair Trading Regulations 2008
- Consumer Protection Act 1987
- Food Safety Act 1990
- Price Marking Order 2004
- Consumer Rights Act 2015.
Powers of Enforcement Available
- Unannounced inspections.
- Seizure of personal and company assets.
- Seizure of goods, records, computers, mobile phones.
- Immediate closure of any business.
- Conduct of interviews, under caution or voluntarily.
- Instigation of criminal proceedings.
Potential Penalties for Default
- A warning or a caution for a minor breach.
- Procedural requirements imposed to prevent repetition of offences.
- Agreement to enter into a Warning Order / Agreement.
- Imposition of a fine.
- A Community Order.
- Imprisonment.
Additionally, the following Ancillary Orders may be made:
- Order for payment of Prosecution Costs.
- Order to pay compensation.
- Imposition of a Prohibition/ Restrictive Order.
Trading Standards in Action
A Recent Example of Co-operation between National and Local Trading Standards Teams
The National Trading Standards Regional Investigations Team East Midlands, hosted by Nottinghamshire County Council, and supported by Derbyshire County Council Trading Standards worked together to bring to justice, fraudsters who conned elderly and vulnerable residents out of £1.5million through the sale of items such as solar panels and emergency medical buttons.
Sales representatives often bullied and pressured victims into signing contracts for substandard work, which sometimes caused structural instability in homes. Customers were deliberately misled by false statements from the sales representatives and deceptive marketing brochures.
During a Trial lasting five months at Nottingham Crown Court, more than two hundred victims gave evidence.
Three defendants received the following sentences:
- imprisonment for seven years and disqualification from holding a directorship for ten years,
- imprisonment for one year and eight months, suspended for eighteen18 months, and a six-year directorship ban,
- imprisonment for one year suspended for one year, plus two hundred hours of unpaid community work.
Official Comment
Councillor Scott Carlton, Cabinet Member for Public Health and Communities at Nottinghamshire County Council, said:
“The guilty verdict in this case is a great result and highlights the vital work of our Trading Standards team who work to keep residents safe from fraudsters.
In this case, the defendant and his businesses deliberately targeted the elderly and those living in vulnerable situations, using dishonest and coercive sales tactics and lies about the quality of their products and the benefit they would bring to their victims.”
How We Can Help You
Any concerns raised by your local Trading Standards Office or by National Trading Standards will be the cause of considerable anxiety, as any enforcement action they may decide to take could have severe consequences.
Therefore, it is vital that you immediately seek experienced legal advice and guidance should such possibility arise.
The Regulatory Team at KANGS provide a wealth of experience gained from supporting clients and businesses facing investigation by Trading Standards.
Our Regulatory Team offers support and advice if you are invited to an interview with Trading Standards or if court proceedings are commenced. If we can assist, please do not hesitate to contact our Team using the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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