Trading Standards Laws

Trading Standards' main areas of responsibility are listed below.
For further information please click the down arrow beside the relevant subject heading.

 

Consumer credit

We ensure that consumer credit is offered only by licensed traders and will take action against unlicensed loan sharks.

We check credit advertisements and customer agreements to ensure they are not misleading and that they contain the required information e.g. APR and cancellation rights.

False descriptions & counterfeiting

We check that goods and services are correctly described e.g. the description of holidays and houses and the mileage of cars.

We are active in preventing the supply of counterfeit products such as designer clothing,  videos and computer software.

Pricing

We check that shops clearly display the price of their goods.

We ensure that pubs and restaurants display a price list or menu.

We check that prices are not misleading, particularly if a special offer or sale is being claimed.

Product safety

We carry out checks and test purchases to ensure the safety of a wide variety of goods e.g. toys, electrical goods, furniture and cosmetics. 

If we discover unsafe goods we can take action to prevent their further sale or distribution.

Under age sales

We are also active in the area of illegal sales of age restricted goods to children eg tobacco, fireworks, videos and solvents.

We may use young volunteers to monitor these sales. 

Vehicles

We carry out regular checks to detect overloaded vehicles which damage bridges and roads, increase pollution and are dangerous to other road users.

We check car dealers to ensure that the cars they sell are safe and are correctly described e.g. mileages.

Weights and measures

We check the accuracy of traders' weighing and measuring equipment - e.g. lorry weighbridges, shop scales, petrol pumps and pub measures.

We check that goods sold by weight or measure are the right quantity.


Trading Standards Services have a duty to enforce the following legislation.
For further information on the legislation click the down arrow beside the relevant Act.

Agriculture Act 1970

Provides for controls of fertilisers and animal feeding stuffs.

Statutory labelling of fertilisers and animal feeding stuffs.

Prevents excess deleterious materials in animal feeding stuffs.

Agricultural Produce (Grading and Marking) Acts 1928 and 1931

Provides for the grading and marking of agricultural produce.

Animal Health Act 1981

Provides for the control of animal diseases.

Provides for the welfare of animals on the farm, in transit and at market.

Deals with animal diseases that can be caught by humans.

Protection of Children (Tobacco) Act 1986 and The Children and Young Persons (Protection From Tobacco) Act 1991

Prohibits the sale of tobacco to children.

Controls the siting of cigarette vending machines.

Clean Air Act 1993

Controls the lead content of petrol and the sulphur content of diesel fuel in order to reduce atmospheric pollution.

Consumer Credit Act 1974

Provides for control of consumer credit and hire.

Requires licensing of credit and hire traders.

Controls credit and hire advertising.

Controls credit and hire documentation.

Controls format used to indicate credit charges.

Provides powers to revoke licences of traders offering credit or hire facilities.

Controls debt-collecting and credit reference agencies.

Consumer Protection Act 1987

Provides for liability for damage caused by defective products.

Prohibits the supply of goods not in accordance with the general safety requirement.

Provides for the protection and safety of consumers by enabling Regulations/Orders to be made controlling consumer goods.

Provides for approved safety standards to enable compliance with general safety requirements.

Prohibits the supply of unsafe goods.

Provides powers for seizing and forfeiture of unsafe goods.

Provides powers to suspend the sale of suspected unsafe goods.

Requires persons to publish notices warning consumers of unsafe goods previously supplied.

Prohibits misleading price indications.

Control of Pollution Act 1974

Controls the sale of anti-fouling paints and treatments.

Development of Tourism Act 1969

Requires price of accommodation to be displayed by hotels.

Education Reform Act 1988

Restricts the ability to award degrees to bodies authorised by Royal Charter, Act of Parliament or in other cases designated by the Secretary of State.

Restricts the use of terms 'Bachelor', 'Master' or 'Doctor'.

Energy Act 1976

Requires the publication of data relating to passenger car fuel consumption.

Energy Conservation Act 1981

Permits Regulations requiring the labelling of certain domestic appliances as to their fuel consumption (none in force).

Estate Agents Act 1979

Governs accounts in respect of clients' money.

Controls certain activities in connection with the disposal and acquisition of interests in land by Estate Agents.

Provides powers to ban 'unfit' persons from estate agency.

European Communities Act 1972

Implements community obligations.

Prohibits supply of goods not of prescribed standard or composition.

Imposes safety restrictions on certain goods.

Explosives Acts 1875 and 1923 and Explosives (Age of Purchase) Act 1976

Control registration of explosives stores and sellers of fireworks.

Prevents sales of fireworks to under-age children.

Fair Trading Act 1973

Promotes fair trading.

Provides controls on persistent offenders who contravene trading laws.

Food and Environment Protection Act 1985

Protects the public from food rendered unsafe as a result of the escape of harmful substances such as radioactive fall-out.

Protects the public from the misuse of pesticides

Hallmarking Act 1973

Provides protection for purchasers of precious metals in relation to composition, assaying, marking and description.

Provides for recognition of international markings on gold, silver and platinum.

Health and Safety at Work etc Act 1974

Controls the classification, packaging, labelling, carriage and storage of dangerous substances.

Medicines Act 1968

Provides controls for medicinal products on production, composition, labelling, advertising.

Controls the incorporation of medicinal products in animal feeding stuffs.

Merchant Shipping Act 1979

Controls the loading of ships with cargo. Trading Standards has responsibilities with respect to weighbridges (including attendants) used to check loads (i.e. the weight of heavy goods vehicles).

Motor Cycle Noise Act 1987

Regulates the sale of exhaust systems for motor-cycles.

Olympic Symbol etc (Protection) Act 1995

Prevents unauthorised use of the Olympic Games symbols and similar labels.

Prices Acts 1974 and 1975

Provides power to regulate the price display of certain goods.

Provides protection and price information for consumers.

Promotes fair trading.

Controls the manner in which prices and sale prices of goods may be indicated.

Property Misdescriptions Act 1991

Prescribes various illegal practices associated with buying and selling of property.

Timeshare Act 1992

Regulates the conduct of the sale of timeshare properties.

Trade Descriptions Act 1968

Prohibits misdescription of goods.

Prohibits false claims for services, accommodation and facilities.

Trade Marks Act 1994

Creates an offence for the fraudulent application or use of a trade mark.

Trading Representations (Disabled Persons) Acts 1958 and 1972

Controls representations made by traders in respect of the employment or assistance of blind or disabled persons in the production, packing or sale of goods.

Video Recordings Acts 1984 and 1993

Requires classification and labelling of videos.

Weights and Measures Act 1985

Controls weighing and measuring equipment used for trade.

Protects against deficient quantity in sale of goods.

Allows provision of metrological technology service to trade and industry.

Provides guidance and control on packers' quantity control systems.

Helps to promote the free flow of goods within the EEC.


Other Criminal Legislation

Local authorities generally have no statutory duty to enforce the following legislation, but can authorise their Trading Standards Service to do so.

Accommodation Agencies Act 1963

Controls the taking of money for providing services in connection with the letting of property.

Administration of Justice Act 1970

Creates offence for harassment of debtors or alleged debtors.

Business Names Act 1986

Requires a business carried on under a name other than that of its owner must display particulars of ownership on premises and stationery.

Cancer Act 1939

Prohibits claims concerning cures or treatments for cancer.

Companies Act 1985

Requires limited companies to state their trading details on business premises and in documents.

Copyright, Designs and Patents Act 1988 as amended by the Broadcasting Act 1990

Establishes legal protection for designs.

Creates criminal offence to combat counterfeiting.

Controls making, importing or distributing infringing copies of copyright material.

Criminal Justice Act 1988 (offensive weapons) as amended by the Offensive Weapons Act 1996.

Prohibits the sale of knives and other bladed or pointed articles to under 16 year olds

Dogs Act 1906 as amended by the Dogs (Amendment) Act 1928

Deals with unburied animal carcasses.

Farm and Garden Chemicals Act 1967

Controls labelling and marking of products.

Prohibits transactions in unlabelled products.

Forgery and Counterfeiting Act 1981

Prohibits forgery and counterfeiting of documents.

Insurance Brokers (Registration) Act 1977

Requires brokers to be registered.

Intoxicating Substances (Supply) Act 1985

Prevents sale of intoxicating substances, and equipment to aid misuse of such substances, to children.

Knives Act 1997

Prevents the marketing of dangerous knives, and prohibits their sale to minors.

Malicious Communications Act 1988

Makes provision for the punishment of persons who send or deliver letters or other articles with the purpose of causing distress or anxiety.

Mock Auctions Act 1961

Prohibits certain practices in relation to sales purporting to be sales by auction.

Motor Vehicles (Safety Equipment for Children) Act 1991

Amends the Road Traffic Act 1988 to provide regulation making powers for the shape, construction or other quality of restraining devices used for children.

Protection Against Cruel Tethering Act 1988

Prohibits animals from being tethered in certain circumstances.

Protection of Animals Act 1911 as amended by the Protection of Animals (Amendment) Act 1954 and the Agriculture (Miscellaneous Provisions) Act 1968

Deals with the cruelty aspect of animal welfare.

Gives courts powers to ban persons from keeping animals.

Road Traffic Acts 1988 and 1991  Road Traffic Act (Consequential Provisions) Act 1988  Road Traffic Offenders Act 1988  Road Traffic (Foreign Vehicles) Act 1972

Prohibits the overloading of goods vehicles.

Prohibits sale of unroadworthy vehicles.

Imposes minimum safety requirements of certain vehicles.

Solicitors Act 1974

Controls unlicensed conveyancing.

Telecommunications Act 1984

Controls advertising, marketing and labelling of telephones and associated equipment.

Theft Acts 1968 and 1978

Prohibits obtaining property or obtaining a pecuniary advantage by deception or false accounting.

Trading Stamps Act 1964

Regulates the issue, use and redemption of trading stamps.

Unsolicited Goods and Services Acts 1971 and 1975

Controls the supply of unsolicited goods.

Provides penalties for demanding payment for unsolicited goods.

Controls trade directory entries.

Civil Legislation

Local authorities have no responsibility for the following Acts. However, they provide the basis for contract law which is applicable to consumers and businesses alike and are fundamental to the conduct of trading activities.

Consumer Arbitration Agreements Act 1988

Prevents compulsory arbitration clauses in consumer contracts.

MIisrepresentation Act 1967

Gives consumers civil redress for misrepresentations of goods.

Unfair Contract Terms Act 1977

Makes void unfair contract terms.

Torts (Interference with Goods) Act 1977

Allows holders of other people's goods to sell them if certain conditions are complied with.

Sale of Goods Act 1979 as amended by Sale of Goods (Amendment) Act 1994, Sale and Supply of Goods Act 1994 and Sale of Goods Act 1995

Details the rights of purchasers and the duties of sellers in the sale of goods.

Limitation Act 1980

Prevents action being taken by parties to a contract after six years.

Supply of Goods and Services Act 1982

For contracts other than for the sale of goods, details the rights of purchasers and the duties of sellers.

Cheques Act 1992

Enables consumers to protect payment by cheque.

  

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