Ntsc for web 1

Leading the Trading Standards Profession

Empowering and Protecting Consumers

Certificate No. FS 570376

National Audit OfficeVFM Study Certificate No. FS 570376

“Consumers in this country believe that they are well-

protected but the reality does not support this view. The system for enforcing consumer law is fragmented and significantly underequipped to tackle a whole range of serious consumer scams.”

Amyas Morse, head of the National Audit Office

Leading the Trading Standards Profession

p


Rationale

• Reduce complexity of consumer landscape

• Strengthen the front line

• Consumer services to be delivered more cost-effectively


Current Landscape

Citizens AdviceCitizens Advice

ScotlandConsumer

Focus

LocalTrading

Standards

TSI

Advocacy, research, information

Enforcement

Consumer advice

LGRon behalf of LG Group,

WLGA and COSLA

Figure 1: CurrentConsumer Landscape

Regional teams

SectoralConsumer

bodies

SectoralRegulators

OFT(including Consumer

Direct)


Proposed ModelLocal

TradingStandards

TSI

Enforcement*Consumer information, advice,

education, complaints, advocacy

LG Group

Figure 2: Proposed FutureConsumer Landscape

SectoralConsumer

bodies

Citizens AdviceCitizens Advice

Scotland

* Arrangements for Scotland still under discussion

TSPB

Regional teams

Analysis of markets& consumer detriment

Sectoral regulators andCompetition and Markets Authority


Information, advice and education

• Education falls into 3 categories:– Raising awareness of consumer rights, scams, rogues– Direct education of public through teachers and community

groups – Educating businesses of their obligations on consumer facing

issues• Responsibility for campaigns to fall to Citizens Advice working

closely with trading standards• Local Authorities to deliver education but co-ordinated by TSI with

its Consumer Education Liaison Group and Trading Standards Policy Board together with guidance and materials


Information, advice and education

• Consumer Direct to transfer to Citizens Advice / Citizens Advice

Scotland

• Delivery model being prepared– Likely to lose the ‘Consumer Direct’ brand– Transitional arrangements for continuity of service / phone

number will be in place– Likely to include a ‘virtual network’ of Citizens Advice bureaux– Successor arrangements in place by April 2012


Consumer Code Approvals

• OFT Consumer Codes approval process to be discontinued

• Currently ten approved codes – no proposal to replace on a like-for-

like basis

• Department of Business Innovation and Skills ‘consumer welfare

standard’ / kite mark?

• Primary Authority relationship with a code promoter?


Consumer Advocacy

• Consumer advocacy representation of consumers interests and defence of their rights – currently carried out by a range of organisations

• Proposal is to transfer most of the consumer-related research and advocacy functions of Office of Fair Trading and Consumer Focus to Citizens Advice

• Single Regulated Industries Unit• Transfer of statutory powers and functions to a charity?

– Straight transfer with protections and duties; or transfer powers to a public body e.g sectoral regulators to be used at request of Citizens Advice / Citizens Advice Scotland.


Enforcement

• Government concerned small Local Authority Trading Standards Services can only deal with local

threats creating an ‘enforcement gap’ for larger cases

• England- a new Trading Standards Policy Board and Wales?

• Funding from Office of Fair Trading enforcement budget and Department of Business, Innovation

and Skills consumer funding

• Similar mechanism in Scotland involving COSLA and SCOTSS?

• Trading Standards Policy Board role to:

Tackle national threats – large and complex cases

Coordination of resources

Establish priority mechanisms with Scotland and Department of Enterprise and Trade Northern

Ireland

Much work performed by expanded regional teams or lead authorities with specialisms


Enforcement

Options:

1. All enforcement functions transfer to trading standards

2. All cross-boundary enforcement to be carried out by

Competitive Markets Authority, CMA

3. Transfer most functions to trading standards but CMA retains

some consumer powers for structural market issues

4. Create a Joint Enforcement Board (CMA and trading standards)


The Trading Standards Policy Board Certificate No. FS 570376

• Chairman

Independent, existing Heads of Service?

• Secretariat

• Representation from each Region

• Links with CMA & other stakeholders

• Funding £12m-£18m? (3-4 years)

• Risks to councils (indemnity fund)

Some of the DutiesCertificate No. FS 570376

• Estate Agents / Anti Money Laundering

– Enforcement / negative licensing

• Civil / Criminal one stop shop

– Advice, training, guidance,

• CRW / register of convictions

• International enforcement & policy

• Unfair Contract Terms

Next Steps

• Briefings

• PowerPoint sharing

• LinkedIn discussion

• Regional Events

• Consultation closes 27 September 2011

[email protected]


mailto:[email protected]

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