New regulations came into effect on June 1 called Stop Now Orders which give Trading Standards officers, together with other public bodies, the power to take action in relation to any infringement concerning certain EU Directives by means of a court order.
The directives include contracts negotiated away from business premises, package travel, holidays and tours, unfair terms in consumer contracts, timeshare, distance selling and certain aspects of the sale of consumer goods and guarantees.
Trading Standards officers have been given the power to bring proceedings under Section 35 of the Fair Trading Act 1973. This means that an application can be made for a court order that a trader refrains from a course of action which is contravening consumers' rights. There is no need for Trading Standards to obtain a written assurance first from traders that they will refrain from certain actions, but officers must first consult with the Director General of Fair Trading and the trader and give the trader the opportunity to stop the infringement without the need for court action (unless the Director General considers the circumstances justify proceedings being brought immediately). If the infringement is not stopped within two weeks after the request for consultation is received, proceedings may be brought without further delay. Proceedings for a court order can relate to any civil or criminal infringement. The court will then be able to make a Stop Now Order under Section 37 of the Fair Trading Act.
The Director General will be publishing advice and information concerning the operation of these regulations, and he may direct who deals with a particular trader where more than one Trading Standards officer or other public body is contemplating proceedings. Action can be taken in other EU member states. Failure by a trader to comply with a Stop Now Order will be treated as contempt of court and will be punishable by an unlimited fine or imprisonment.
- For advice on this or any consumer matters, contact City of York Council Trading Standards Consumer Advice on 01904 551562 or call at 9 St Leonard's Place. The fax number is 01904 551590 and the e mail address is trading.standards@york.gov.uk
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article