Ministers consult on consolidating trading standards investigatory powers into single set of laws

The legislation governing Trading Standards’ officers investigatory powers could be consolidated from around 60 pieces of consumer law currently into a single set, under plans issued for consultation by ministers.

The Department for Business, Innovation and Skills claimed the move would make the powers transparent for both business and regulators.

The consultation also covers proposals to:

• make it easier for officers to tackle rogue traders across local authority boundaries; and
• require that officers’ routine visits are pre-arranged unless there are compelling reasons for them to be unannounced.

Consumer Minister Norman Lamb said: “The UK has one of the best consumer protection regimes in the world but because the current law has developed piecemeal over many decades, it is fragmented and overly complex, making it hard for consumers and business to understand.

“Trading Standards officers’ enforcement powers are a prime example of this and we need a major simplification of the law to make it easier for them to tackle rogue traders and protect consumers nationally as well as at a local level.”

Ron Gainsford, Chief Executive of the Trading Standards Institute, said: “At this time of great economic pressure on local authorities, it is vital that Trading Standards are able to tackle rogue traders as simply, quickly and cost effectively as possible.

“We welcome a consultation that seeks to consolidate and simplify the investigatory powers used by Trading Standards and believe it is vital that all stakeholders contribute examples of best practice and evidence any concerns.”

The consultation on the consolidation and modernisation of consumer law enforcement powers will be available to view later here.

The announcement by BIS came on the same day that the Law Commission and the Scottish Law Commission issued a joint report that recommends new legislation to clarify consumer redress for misleading practices.

The review said current private law in this area was “fragmented, complex and unclear”. The reforms would be limited, but target the most serious causes of consumer detriment.

The Department said it would respond formally to the Commissions’ report later in 2012. It also plans to consult further on proposals to bring forward a new Consumer Bill of Rights aimed at simplifying consumer rights.