Consultations CTSI HAS ITS SAY Some of the institutes contributions to government policy debate Protecting consumers in the letting/managing agent market New legislation on dangerious and offensive weapons Protecting consumers in the letting/managing agent market Department for Communities and Local government (DCLg) CTSI agrees that there are many valid complaints about letting agents and supports the call for a new regulatory approach. However, it cannot comment on leasehold issues because these lie outside trading standards remit. While codes of practice and similar non-regulation options can raise industry standards, CTSI believes such measures generally fail to deal with the worst abuses at the lower end of the market. For this reason, itfavours clear regulatory underpinning to support other means. CTSIs preferred option is for the government to establish or approvea new regulatory body which agents would be required to sign up to.It believes National Trading Standards is in a strong position to assistin appointing one of the English trading standards authorities to co-ordinate enforcement, perhaps on a model similar to the oversight role by the National Trading Standards Estate Agency Team (NTSEAT) over UK estate agents. Enforcing the requirement to be a member of an approved body could be achieved by requiring a company to display appropriate membership badges, coupled with local trading standards action for example, via penalty charge notices or Consumer Protection from Unfair Trading Regulations 2008 prosecution plus warnings and banning action by a national regulator. It is important that inexperienced entrants to the market are subject to minimum standards, since their lack of experience presents a major risk to consumers. This should not in itself present any barrier to innovation. Regarding the scope of the regulation, CTSI believes that effective regulation of business controllers whether a sole owner, a partnership or a limited company coupled with vicarious liability on controllers for the action of their employees, is sufficient. In the case of limited companies, directors should be liable for their actions leading to offences by their companies. It is unusual for employees to be subject to direct regulation and CTSI sees no reason to depart from this model. Lead officer: Martin Fisher For more details and to contribute to consultations such as these, visit www.tradingstandards.uk Credits Images: iStock.com / Lyudinka / Devenorr To share this page, in the toolbar click on You might also like CTSI has its say December 2017 New legislation on offensive and dangerous weapons Home Office CTSI supports the upcoming ban on the online sales of knives. The murder of Bailey Gwynne in 2015 highlighted the ease with which knives can be bought online by young people. We question whether a total ban will be effective because of the global supply chains to which consumers have access online. Significant resources need to be invested at ports to ensure few illegal sales can pass through into the UK system. We would support the triple lock age verification on delivery, online age verification checks, and follow-up off-line checks as a policy for all agerestricted products online through an amendment to the Criminal Justice Act 1988, so that due diligence, especially in the case of online sales, is specified to further give clarity to retailers. There is clear evidence it is becoming more common for corrosive substances to be used as offensive weapons. We would support legislation to make it more difficult for anyone and in particular those aged under 18 to acquire these products. Key points: l Ensure that trading standards services are funded to deliver the enforcement and business support required to ensure compliance. Manystockists of corrosive substances may not be familiar with the saleof age-restricted products l Provide powers for trading standards via the Consumer Rights Act 2015. Trading standards officers are unable to use Police and Criminal Evidence Act 1984 (PACE) powers, which are currently only available to the police l Ensure the definition of a corrosive substance is clear for enforcers, consumers and retailers l Summary-only offences with maximum six-month sentences mean trading standards officers cannot get Regulation of Investigatory Powers Act 2000 (RIPA) authorisation for directed surveillance. There is an exemption for alcohol and tobacco, and it would be sensible to bring knives and corrosive substances under this exemption, too l Consider a proxy offence, so that it is an offence to buy for somebody under the age of 18 CTSI agrees that it should be an offence to possess a corrosive substance in a public place, which would complement the offence to sell or supply to under-18s, and be similar to the offences for knives. It would be a preventable measure to avoid the commission of an offence and discourage carrying substances as a possible weapon, and would be enforced by the police. Lead officer: Brandon Cook For more details and to contribute to consultations such as these, visit www.tradingstandards.uk