CTSI HAS ITS SAY Some of the institutes contributions to government policy debate Review of the retained provisions of the Consumer Credit Act Tobacco ITP: licensing equipment and the supply chain Review of the retained provisions of the Consumer Credit Act Financial Conduct Authority, May 2016 CTSI believes any prioritisation of review provisions should bring to the fore matters directly affecting consumers, and is responding to this consultation from the perspective of improving consumer protection, and so encouraging more consumer condence. Trading standards ofcers hope for updated legislation, in part because of anomalies in the law on different types of agreement. For example, a debtor with outstanding nance on a second-hand car is better protected under conditional sale or hire purchase than under Bills of Sale legislation. If provision were equalised, a debtor would not have his car repossessed under a Bills of Sale agreement without a court order. He would then have access to the Consumer Credit Act 2006 additional remedy. In comparison, at present the car would be repossessed and put into a car auction before he is able to act. This review appears to be a chance to improve consumer protection through simpler and clearer provision of the legal controls on credit. From a trading standards perspective, there is a pressing need for reform in this area, as the Consumer Credit Act 1974 is 42 years old and, even then, failed to embrace all the recommendations of the Crowther Report. CTSI believes the position of the consumer particularly the vulnerable consumer should drive the discussions. After that, the enforcement process should be modernised. In 1974, the only sanctions were prosecution or revocation. Today, the civil process is much more in evidence and offers distinct advantages. For example, an interim injunction permits a problem to be brought before the courts in a shorter timescale, allowing the court to use its powers to do justice to the consumer and provide redress. CTSI, as an enforcement partner, would be pleased to engage in the review, whatever direction it takes. Lead officer: David Sanders For more details, and to contribute to consultations such as these, visit www.tradingstandards.uk Credits Images: Olinchuk / UzFoto / Shutterstock To share this page, in the toolbar click on You might also like CTSI has its say June 2016 Tobacco illicit trade protocol: licensing of equipment and the supply chain HM Revenue and Customs, May 2016 Trading standards services have been at the forefront of tackling the illicit tobacco trade at local and regional level, working alongside HM Revenue and Customs, and Border Force. CTSI has supported this work by providing operational guidance and coordinated funding from the Department of Health for the provision of tobacco-detection dogs to assist in this challenging environment. Operation Henry 2 is live at the time of preparing this response; this follows the successful Operation Henry (1) in 2014, when 67 of 81 participating councils across England detected and seized illicit tobacco products. The institute is aware of many challenges faced by local trading standards services in seeking to tackle the illicit tobacco trade. In committing to the protection of honest businesses, we believe that despite some concerns about the potential administrative impact of a licensing scheme, particularly on small businesses the benets of such a proposal to legitimate traders should far outweigh any burden. CTSI considers it essential that tobacco-manufacturing equipment is licensed, to: G Meet the United Kingdoms obligations under Article 6 of the World Health Organizations (WHOs) Illicit Trade Protocol (ITP) G Ensure the maximum impact on illicit trade of the tracking and tracing system for tobacco products required under Article 15 of the EU Tobacco Products Directive (TPD) and Article 8 of the ITP, and the security feature requirements of Article 16 of the TPD G Ensure that relevant machinery does not enter the illicit production market, particularly in the form of second-hand or reconditioned equipment. Tobacco manufacturing equipment means any equipment designed or modied specically for the manufacture of a tobacco product, and tobacco product is one that can be consumed and which, even if only partly, consists of tobacco. The licensing requirement should go wider than manufacturers to include producers of machines. Lead officer: Jane MacGregor For more details, and to contribute to consultations such as these, visit www.tradingstandards.uk