Legislation / Legal

FDA: The publication of the Constitutional Reform and Governance Bill has been welcomed by the FDA union.  FDA General Secretary Jonathan Baume said: "For many years the FDA has been part of an alliance - together with the Public Administration Select Committee, the Civil Service Commission and others - that has argued for a Civil Service Act.  We will now be looking at the detail of this bill, which seeks to put the Civil Service, its core values and the Civil Service Commission onto a statutory footing."
Press release ~ Constitutional Reform and Governance Bill ~ FDA ~ Office of the Civil Service Commissioners
 
FSA: The Financial Services Authority (FSA) has offered firms a new waiver from its complaints handling rules regarding unauthorised overdraft charges for up to 6 months. The new waiver has been granted to those firms who signed up to the January 2009 waiver.  These firms represent approximately 98% of the market.
 
The new waiver has been offered to firms because, although considerable progress had been made in the test case, it is not yet clear how firms should be responding to complaints about unauthorised overdraft charges so that customers are treated consistently & fairly.
 
Whilst the waiver is in place, signatories will not be required to handle complaints relating to unauthorised overdraft charges within the time limits set out in the FSA's Dispute Resolution manual.
Press release ~ Waivers ~ Latest on the test case litigation
 
MoJ: The Parliamentary Standards Bill has gained Royal Assent after completing its passage through Parliament.  The Act will:
* create a new Independent Parliamentary Standards Authority, to decide & administer the allowances system for MPs, administer MPs’ salaries, draw up a code of conduct on financial interests and set the rules for investigations
* establish an independent Commissioner for Parliamentary Investigations with the power to investigate complaints against MPs in relation to the allowances scheme or the registration of financial interests, and report his or her findings to the House of Commons Committee for Standards and Privileges
* create a new criminal offence of knowingly providing false or misleading information in a claim for an allowance, for which the maximum sanction is up to 12 months’ custodial sentence or an unlimited fine
Press release ~ MoJ - Parliamentary Standards Bill ~ OPSI: Parliamentary Standards Act ~ Telegraph’s comment
 
OFT: Consumers buying tickets for concerts, theatres, events & attractions will receive fairer contract terms following the conclusion of discussions between the Office of Fair Trading and the body representing businesses selling or re-selling tickets.

The Society of Ticket Agents and Retailers (STAR), represents businesses selling or re-selling tickets to the general public or agents, whether through websites, box offices at entertainment venues or ticket booths. Members of STAR, who include Lastminute.com, Ticketmaster and the Big Bus Company, have agreed to implement revised terms & conditions that the OFT views as clearer & fairer under the Unfair Terms in Consumer Contracts Regulations. STAR members will phase in the model terms over the next 12 months.
 
The improvements include clarifying:
* what happens if an event is cancelled or rescheduled
* the circumstances under which consumers can seek redress in the event that things go wrong
* clarifying circumstances in which tickets can be re-sold by a consumer, and
* providing recourse to dispute resolution to consumers in the event of problems
Press release ~ Society of Ticket Agents and Retailers (STAR) ~ OFT 2005 report: Ticket agents in the UK ~ Consumer Direct: avoiding pitfalls when shopping for tickets
 
ScotGov: Anyone attempting to bribe another individual will face up to 10 years in jail under anti-corruption proposals published by the Scottish Government.  Bribing of a foreign public official would also become a separate offence under the plans.
 
The proposals have been put forward in a consultation (closes on 23 October 2009) launched by Justice Secretary Kenny MacAskill who said the current law in Scotland is outdated and in need of reform. Proposals for modernising the law in England & Wales were published in March 2009 and the ScotGov proposals are modelled on these.
 
The proposals for England & Wales make it a criminal offence to give, promise or offer a bribe or to request, agree to receive or accept a bribe either at home or abroad, with the measures covering bribery of a foreign public official. 
Press release ~ Consultation - Bribery and Corruption Law Reform ~ Draft E&W Bribery Bill ~ Law Commission's report: Reforming Bribery ~ ECGD - Anti-Bribery and Corruption ~ BERR leaflet ~ UK Anti-Corruption Forum ~ Transparency International ~ Online broadcast on the OFT investigation into the construction industry ~ CIOB’s research into corruption within the UK’s construction industry (scroll down) ~ Out-Law.com
Derby City Council Showcase