New laws on unfair tradingGoodbye Trade Descriptions Act
On 26 May 2008 the Consumer Protection from Unfair Trading Regulations came into force and replaced the cornerstone of of UK consumer protection legislation - The Trade Descriptions Act 1968.
The new regulations implement the European Unfair Commercial Practices Directive (UCPD) into UK Law and will mean that unfair trading laws will be harmonsised in all EU member states.
New general prohibition on unfair practices
The changes include a general prohibition on traders not to treat consumers unfairly. This prohibition is intended to act as safety-net consumer protection legislation.
In particular businesses must not to mislead consumers through acts or omissions; or subject them to aggressive commercial practices such as high pressure selling techniques. The new law also provides additional protection for vulnerable consumers who are often the target of unscrupulous traders.
The Directive's wide scope – it applies to all business sectors – and flexible provisions means that it will plug gaps in existing EU and UK consumer protection legislation; and set standards against which new practices will automatically be judged.
Implementation of this Directive should help ensure the UK has a consumer regime amongst the level of the best in the world.
Enforcement and business advice
Enforcement will be the responsibility of local trading standards services and the Office of Fair Trading.
Southwark trading standards will be updating its business advice material to reflect the changes and the department for Business Enterprise and Regulatory Reform (BERR) have published a basic guide for business (pdf 573kb).
To view the documents on this page, you will need Adobe Acrobat on your computer.
Contact us
Southwark trading standards service
Tel: 020 7525 2000
Fax: 020 7525 5705
tradingstandards@southwark.gov.uk
The Chaplin Centre
Thurlow Street
London
SE17 2DG
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