Consumer Rights and Civil Advice

Overview

Practitioners must have a good overview of all fair trading legislation applicable to the sale of goods, particularly with regard to pricing, video recordings, hallmarking and the sale of property. They must be fully aware of relevant powers and time limits, and how the role of Trading Standards inter-relates with other bodies.

In addition, practitioners must have a good overview of civil law and the laws of contract and tort (or delict in Scotland), and be aware of all the avenues for dispute resolution, including arbitration, mediation and the civil court processes, particularly with regard to small claims. They must also be aware of additional statutory rights given by statute, in particular cancellation rights, and the consumer’s rights when buying goods and services at a distance.

Core Learning Resources

 
  Unfair Contract Terms Guidance

Competition and Markets Authority (CMA), 2015

 Price Marking of Goods for Retail Sale:

Guidance for traders on good practice in giving information about prices

Chartered Trading Standards Institute (CTSI), Business Companion

 Guidance Note on the Price Marking Order 2004

Department of Trade and Industry (DTI), 2005 (archived)

 Classification Guidelines

British Board of Film Classification (BBFC), 2014

 Hallmarking Guidance Notes:

Practical guidance in relation to the Hallmarking Act 1973

British Hallmarking Council (BHC), 2016

 Hallmarking of Palladium: Guidance Notes

Birmingham Assay Office, 2009

  Forgery and Counterfeiting

Crown Prosecution Service (CPS)

 Property Ombudsman

Includes advice for consumers and codes of practice

 Ombudsman Services: Property

Dispute resolution service

Further Reading

 Extended Warranties on Domestic Electrical Goods: Retailers' Obligations

CMA, 2014

 Selling Extended Warranties

Office of Fair Trading (OFT) (archived)

Advice for business

 Business Protection from Misleading Marketing Regulations 2008: Advisory Note

gov.uk, 2014; the original advisory note can be found on the National Archive website.

 Improving the Energy Efficiency of Our Buildings

A guide to energy performance certificates for the construction, sale and let of non-dwellings

Ministry of Housing, Communities & Local Government, 2017

 Packaging (Essential Requirements) Regulations

Government guidance note

Department for Business, Energy and Industrial Strategy (BEIS), 2015

Advice for business

 Energy Labelling

BEIS and Office for Product Safety and Standards (OPSS), 2017

 Package Travel Regulations:

Questions and answers for organisers and retailers

DTI, 2006 (archived)

 What is a Package?:

A guidance note for travel organisers

BEIS, 2008

 The Package Travel and Linked Travel Arrangements Regulations 2018

BEIS, 2018

 Textile Labelling Regulations:

Guidance on the Textile Products (Labelling and Fibre Composition) Regulations 2012

BEIS, 2016

Advice for business

 Flight Delays and Cancellations

 Lost or Delayed Baggage

Both Civil Aviation Authority (CAA)

Other Information

 Hire Purchase: Making the Right Choice

gov.uk, 2014; the original leaflet can be found on the National Archive website.

Consumer leaflet

  British Hallmarking Council

Upholds and protects the hallmarking system

 Energy Performance Certificates

 Make a Court Claim for Money

Gov.uk, 2016

 How to Use an Ombudsman in England

Citizens Advice Bureau (CAB)

 Find a Civil Mediation Provider

Ministry of Justice

 Money Advice Service

Independent government service

 Air Travel Organisers' Licensing (ATOL)

Civil Aviation Authority scheme protecting customers from losing money or being stranded if their travel company collapses