Legislation / Legal
OFT: The Builders Merchants Federation represents almost 500 merchant and distributor companies & outlets in the UK with annual sales of over £7bn. It approached the Office of Fair Trading OFT for advice on improving its terms & conditions for consumers as a result of builders merchants increasingly selling directly to households, rather than simply engaging in traditional business-to-business sales and distribution.
Its members have agreed to implement revised terms & conditions with a view to complying with the Unfair Terms in Consumer Contracts Regulations (UTCCRs). The improvements to members' contracts include:
* clarification of circumstances under which a written quotation may vary and how the consumer can confirm or cancel the contract in exchange for a full refund
* improved cancellation rights for consumers without any penalties where there is a significant increase in price
* clearer language ensuring terms are plain and intelligible
* the amendment of terms relating to exclusions of liability
ScotGov: Health Secretary Nicola Sturgeon has announced her intention to amend the 2008 code of practice in relation to Part 5 of the Adults with Incapacity (Scotland) Act 2000, in order to reinstate a specific reference to food & fluids. The code of practice issued at the time of the 2000 Act ensured that any health professional who acted in any way to deny food or fluids to a patient with euthanasia in mind would be acting against the law.
Ms Sturgeon has received a letter on the matter from Michael Matheson MSP, who played a prominent role in ensuring that this specific reassurance was included in this section of the Code, under the term of the previous administration.
Mr Matheson's letter indicates that he has received representations from interested parties expressing concern that the specific reference to food & fluids does not now appear in the same section of the revised code of practice. The Code is not mandatory but may be referred to by the courts.
Press release ~ Code of practice in relation to Part 5 of the Adults with Incapacity (Scotland) Act 2000
BIS: Vulnerable workers will be able to seek advice about their workplace rights & report abuses of those rights through a new Pay & Work Rights helpline, which is part of a wider campaign to raise awareness of workplace rights enforced by Government. It provides a unified point of contact for both employers and workers.
The employment rights in question are; National Minimum Wage # Agricultural Minimum Wage # Working Time (48 hour average working week) # Employment agency standards Gangmaster licensing. Previously calls on each of these rights were taken by 5 separate Government bodies.
Press release ~ Pay and Work Rights helpline ~ Business Link ~ Vulnerable Worker Enforcement Forum ~ Acas
LBRO: The international family-owned food business, Dr Oetker, has signed up to a new regulatory relationship, as part of a pioneering UK scheme for better local regulation. The maker & distributer of high quality food stuffs has created an innovative partnership with North Yorkshire County Council, establishing the local authority as its single point of contact for trading standards issues across its Chilled and Ambient ranges within the UK.
Known as a Primary Authority agreement, this is the first of its kind between a local authority and a food manufacturer. Primary Authority (PA), run by the public body for better local regulation LBRO, provides companies with reliable & consistent regulatory advice from a single source - the Primary Authority - when dealing with key aspects of environmental health, trading standards & licensing services. Government estimates suggest the scheme could eventually save business across the UK up to £50m a year.
ScotGov: Ending the display of cigarettes in shops will help reduce child smoking in future generations, Public Health Minister Shona Robison has claimed. The move is one of the proposals in the Tobacco and Primary Medical Services (Scotland) Bill, which received its stage one debate in the Scottish Parliament recently.
The bill is expected to complete its passage through the parliament by the beginning of 2010. Large retailers will then have until 2011 to implement the display ban, while small retailers will have until 2013.
The bill's proposals include:
* Banning tobacco displays in shops
* Banning cigarette vending machines
* Introducing a registration scheme for retailers
* Fixed penalty notices for retailers who sell cigarettes to under 18s
* Banning orders to prevent retailers selling cigarettes if they continually flout the law
Press release ~ More information about smoking and the Tobacco and Primary Medical Services (Scotland) Bill
MoJ: Steps to tackle excessive legal fees in defamation proceedings have been announced by Justice Secretary, Jack Straw. The government response to the consultation Controlling Costs in Defamation Proceedings, which was published last week, comes following extensive consultation with the Civil Procedure Rules Committee and representatives from the media, legal profession, insurance industry and judiciary.
The response sets out the first raft of measures aimed at making libel costs more proportionate & reasonable from 1 October 2009:
* early notice if ‘After the Event’ (ATE) insurance has been taken out
* a 42 day ‘cooling off period’ where, if the defendant admits liability and it leads to a settlement, the ATE premiums won’t be payable by the defendant
* a mandatory cost budgeting pilot for defamation proceedings, aimed at ensuring that costs are proportionate and within the agreed budget, with close judicial supervision
