Select Committee on Regulatory Reform Twelfth Report


2 Introduction

2. On 26 May 2004 the Government laid before Parliament a proposal for the Regulatory Reform (Unsolicited Goods and Services Act 1971) (Directory Entries and Demands for Payment) Order 2004 in the form of a draft of the Order and an explanatory memorandum from the Department of Trade and Industry (the Department).[1]

3. The proposed Order contains three connected proposals, which make substantive changes to the requirements on directory publishers under the Unsolicited Goods and Services Act 1971. It would also effect a number of related consequential amendments to other legislation.

4. Proposal A is to relax requirements imposed by section 3 of the Unsolicited Goods and Services Act 1971 (which specifies the procedures to be complied with before a person, usually a business, may be bound to pay for the publication of an entry in a directory) where a contract is renewed or extended.

5. Proposal B is to allow agreement to the publication of directory entries to be given over the telephone, provided certain information has first been provided to the purchaser and he pays for the entry by means of a debit or credit card.

6. Proposal C is to repeal section 3A of the Unsolicited Goods and Services Act 1971, which gives the Secretary of State power to make Regulations to govern the form and content of invoices and other related documents in relation to the publication of directory entries and to specify a simplified set of provisions which will, for the first time, be capable of being satisfied by electronic documents.

7. Our discussion of matters arising from our examination is set out below. Where a criterion specified in Standing Order No. 141(6) is not discussed in the report, this indicates that we have no concerns to raise about that criterion.


1   Copies of the proposal are available to Members of Parliament from the Vote Office and to members of the public from the Department. The proposal is also available on the Cabinet Office website:

www.cabinet-office.gov.uk/regulation/rra/rro/proposals.asp

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Prepared 20 September 2004