Weighbridge Test Unit Scheme
Fife Trading Standards also administers the Weighbridge Test Unit Scheme. This consists of the provision of a dedicated vehicle specially designed for the carriage of calibrated heavy weights used for testing weighbridges and other high capacity weighing equipment.
The unit is used to test all the weighbridges in Fife (and the fifteen other Scottish local authorities in the Scheme) on a regular basis to ensure their compliance with the provisions of the Weights & Measures Act 1985.
The unit is also available for hire, to such companies as may need to use it for the verification, calibration or servicing of weighbridges and other heavy weighing equipment.
For further information about the Scheme or to enquire about hiring the vehicle, contact Janice Paton. Telephone: 08451 55 55 56. Email: janice.paton@fife.gov.uk.
Fair Trading
What do we mean by 'fair trading'?
What is fair to one person may not seem fair to another. The phrase is used by us to cover a wide range of trading legislation which has at its heart the principle of open and fair treatment of consumers while taking account of the needs of business - marketing, opportunity, profit and competitiveness.
None of the legislation we seek your compliance with is intended to make your life difficult. The main thrust is providing a level playing field so that business people do not need to engage in vicious spirals of competition which can lead to situations where consumers lose trust in the market place.
What are the main pieces of legislation?
Most people have heard of the Trade Descriptions Act and the Prices Act. Between them they provide a framework for businesses such that you should be able to assume that your competitors are, in general, applying truthful descriptions and prices to their goods. The Consumer Protection Act goes further and requires you and your competitors to have transparent price comparisons whenever you run promotions.
How is advertising controlled?
Most adverts are controlled by the advertising industry but there are two specific statutory controls - The Consumer Credit Advertising Regulations and The Control of Misleading Advertisement Regulations.
The former is the source of all of the technical detail required in credit adverts. A booklet explaining this is available. The latter is a catch-all which allows the Office of Fair Trading to consider those adverts which, though misleading, are not controlled by any other means.
Where do so-called consumer rights come from?
Over the years there have been many developments in the field of consumer rights. The most recent is contained in the Distance Selling Regulations. As of the 1st November 2000 any consumer contracts concluded at distance i.e. by phone, fax, e-mail or post must include a cooling-off period. There are also other promotions in this new legislation.
Most consumer rights emanate from the Sale of Goods Act. These are the ones most people have heard of. Goods must comply with descriptions; be fit for their purpose; and be of acceptable quality. This last one means free from defects taking account of the circumstances of sale.
If you require specific advice on any of these issues or if you are a Fife business you can contact us directly for free advice on any of these topics as well as a whole lot more. Details can be found on the Contact Us page.
Safety
Are you thinking of manufacturing or importing consumer goods? There are Regulations governing the supply of consumer goods in the UK. Certain goods such as toys, electrical equipment, machinery, personal protective equipment, pressure equipment and medical devices must comply with European legislation and bear the "CE" mark.
Aspects of safety of some other goods must comply with UK Safety Regulations. These include cosmetics, upholstered furniture, prams and pushchairs, bunk beds, products containing nickel, electrical plugs and sockets, nightwear, ceramic ware and pedal cycles.
Many goods fall outside these specific Regulations. They must comply with The General Product Safety Regulations. Broadly, this means the items must be safe bearing in mind their intended users. Warnings or instructions accompanying the goods should be appropriate and proportionate to the dangers posed.
Product Liability
Under strict liability, the producer of a defective product is liable for damage caused by it. The term "producer" has a wide definition and includes "own branders". Where the producer cannot be identified then the supplier may be liable.
In practical terms, manufacturers should:
- Ensure their products comply with the latest safety standards
- Carry out appropriate testing and assessment of products and information supplied with them
- Supply information which will lead to safe use of the products
- Monitor performance of products in use and act on feedback from users
Guidance information is available in our guidance notes and leaflets section.
Details of the latest product recalls are available in our Safety News section.
If you require specific advice on any of these issues or if you are a Fife business you can contact us directly for free advice on any of these topics. Tel: 08451 55 55 56 Email: cds_TS@fife.gov.uk.
The Department for Business, Enterprise and Regulatory Reform (formerly the DTI) has a number of consumer protection and product safety publications available to view at their website at www.berr.gov.uk.
Consumer Credit
The Service can provide advice to businesses that offer credit. There is also a range of guidance available on the Office of Fair Trading website.
Credit Advertising
The OFT website contains information on changes to credit advertising that came into force in 2004 under the Consumer Credit (Advertisements) Regulations 2004.
The OFT has produced a set of answers to frequently asked questions as guidance to the new regulations.
An updated version of 'Credit advertising', providing a general guide to the credit advertising regime, is also available to download.
If you require specific advice on any consumer credit issues or if you are a Fife business you can contact us directly for free advice. Tel: 08451 55 55 56 Email: cds_TS@fife.gov.uk.
Distance Selling
If you sell goods or services to consumers by mail order, over the internet, by telephone, or by fax, your customers will have new rights. Regulations provide statutory backing for the good business practices which many companies already observe.
- The Regulations only apply to transactions within the E.E.A.
- You will need to provide certain information before the consumer decides to buy.
- If you have not already done so, e.g. in a catalogue or advertisement, you will need to give your customers the same information in writing or in another durable form. This has to be done at the latest by the time that the goods are delivered.
- You will also have to provide written information on when and how your customers can cancel, a postal address where they can contact you, details of any after-sales services and guarantees, and when and how they can terminate any contract which has no specified end date or which lasts more than one year.
- If you phone consumers at home to sell them goods or services, you will have to identify clearly the company you represent and the commercial purpose of your all at the beginning of the conversation.
The Regulations give consumers the unconditional right to cancel an order.
The consumer must inform the supplier within the time limits shown.
- Goods - seven working days starting with the day after the day the goods are delivered.
- Services - seven working days starting with the day after the day the consumer agrees to go ahead with the contract.
- If the consumer decides to cancel the seller must refund the money as soon as possible and at the latest within 30 days of receiving written notice of the consumer's decision to cancel. The consumer may, at the seller's discretion, be charged for the cost of returning the goods.
Consumers cannot cancel an agreement or return goods for:
- Services which begin with their agreement before the end of the seven working-day cancellation period.
- Goods or services the price of which is dependent on fluctuations in the financial market.
- Goods made to their personal specifications.
The new rules will not apply to:
- Property;
- Financial Services; or
- Auctions.
Some of the new regulations will not apply to:
Deliveries of food or beverages;
Transport, accommodation, catering or leisure services provided on specific dates.
Further information on distance selling is available from the Department for Business, Enterprise and Regulatory Reform (formerly the DTI) and can be viewed on their website at www.berr.gov.uk.
You can also obtain information from this Service. Details can be found on the Contact Us page.
Direct Mailing
It is good business practice to avoid contacting those people who do not wish to receive direct sales mailings.
The Mail Preference Sevice is a central register of individuals who have indicated they do not wish to receive unsolicited direct mail. Further information is available on the Mailing Preference Service's website.
Direct Electronic Mail?
The Direct Marketing Association runs an E-Mail Preference Service for consumers which enables them to opt-out of receiving direct marketing messages electronically.
If your business operates such a service, you can get further information from the DMA on how to eliminate these consumers from your mailing lists.