Other Instruments Of Interest
DRAFT BUSINESS PROTECTION FROM MISLEADING MARKETING
REGULATIONS 2008
DRAFT CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS
2008
36. The Department for Business, Enterprise and
Regulatory Reform (DBERR) have laid the draft Consumer Protection
from Unfair Trading Regulations 2008 ("the CPRs") and
the draft Business Protection from Misleading Marketing Regulations
2008 ("the BPRs"). Both sets of Regulations implement
EU legislation.[12] The
Explanatory Memorandum to the CPRs states that they introduce
a general prohibition on traders in all sectors engaging in unfair
commercial (mainly marketing and selling) practices against consumers;
and put in place a comprehensive framework for dealing with sharp
practices and rogue traders who deliberately set out to exploit
loopholes in existing legislation. The Government have carried
out extensive consultation during the negotiation of the relevant
European Directive and in preparation for its implementation.
While consumer organisations support the move towards principles-based
legislation which underlies the CPRs, DBERR acknowledge that those
organisations are concerned that no provision has been made for
direct access to redress for consumers, and that they have argued
that the CPRs will only be partially effective unless there is
provision for traders to compensate consumers who suffer detriment
as a direct result of an unfair commercial practice. DBERR say
that they are seeking the Law Commission's assistance to look
at this issue. We sought further advice from the Department on
the concerns expressed by consumer groups and the Government's
response, and this is printed at Appendix 3.
DRAFT LAND REGISTRATION (NETWORK ACCESS) RULES 2008
37. Conveyancing is currently largely paper-based.
The Land Registry is in the process of setting up an electronic
communications network that will allow for conveyancing to be
carried out electronically so that, ultimately, it can be entirely
paper-free. The draft Land Registration (Network Access) Rules
2008 begin the process of transition by limiting access to the
network to legally qualified people authorised by way of a network
access agreement with the Chief Land Registrar. Electronic conveyancing
is to be introduced in stages and, to start with, will be piloted
on a voluntary basis. From the middle of this year, it should
be possible to make certain applications by way of the network
and by the end of the year electronic conveyancing, in the sense
of transferring and creating interests in land by electronic documents
with electronic signatures and electronic applications to register
them should be commenced. Further secondary legislation will be
required to extend the range of facilities and the programme is
expected to take 4-5 years in all."
DRAFT SAFEGUARDING VULNERABLE GROUPS ACT 2006 (PRESCRIBED
CRITERIA) (TRANSITIONAL PROVISIONS) REGULATIONS 2008
SAFEGUARDING VULNERABLE GROUPS ACT 2006 (TRANSITIONAL
PROVISIONS) ORDER 2008 (SI 2008/473)
SAFEGUARDING VULNERABLE GROUPS ACT 2006 (BARRING
PROCEDURE) REGULATIONS 2008 (SI 2008/474)
38. The Department for Children, Schools and
Families (DCSF) have laid the draft Safeguarding Vulnerable Groups
Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations
2008 (and two related negative instruments), which are to be considered
in Grand Committee on 19 March. The draft Regulations set out
criteria to be used by the Independent Barring Board (IBB) established
by section 1 of the Safeguarding Vulnerable Groups Act 2006, in
order to identify people who are not to have the right to make
representations as to their inclusion in the barred lists maintained
by IBB under section 2 of that Act. We sought further information
from DCSF, in particular about what individuals would fall into
this category. The response we received is published at Appendix
2.
DRAFT SEX DISCRIMINATION ACT 1975 (AMENDMENT OF LEGISLATION)
REGULATIONS 2008
39. The Government Equalities Office (GEO) have
laid the draft Sex Discrimination Act 1975 (Amendment of Legislation)
Regulations 2008 which amend the Sex Discrimination Act 1975 ("the
SDA 1975"), the Sex Discrimination (Northern Ireland) Order
1976 and the Public Health Act 1936 to implement Council Directive
2004/113/EC in the UK. This Directive (the "Gender Directive")
implements the principle of equal treatment between men and women
in the access to and supply of goods and services. In our 5th
Report this Session (HL Paper 24), we cleared the draft Sex Discrimination
Act 1975 (Amendment) Regulations 2007 which the GEO had laid in
order to meet the deadline of 21 December 2007 for implementation
of the Gender Directive in Great Britain. Those Regulations were
subsequently withdrawn. The EM to the latest Regulations explains
that they serve to implement the Gender Directive in Great Britain
and Northern Ireland; and that the GEO have laid them because
"although the Northern Ireland Assembly has competence to
legislate on this devolved matter, because the First Minister
did not agree to the inclusion of references to transgender or
gender reassignment in the Northern Ireland Regulations, the First
Minister and Deputy First Minister could not reach joint agreement
on all of the policy proposals to implement the Gender Directive."
40. In our earlier Report, we published evidence
from the Christian Institute (CI), and from the GEO, relating
to the definition of harassment in the Regulations. The CI has
written to us to reiterate its concerns in relation to the latest
instrument, as has the Lawyers' Christian Fellowship (LCF), and
that evidence is printed at Appendix 4. We note that both the
CI and the LCF have a particular concern that the definition of
harassment that would apply to the provisions relating to goods,
facilities, services and premises is broader than the definition
in the Gender Directive: the definition in the directive is "where
an unwanted conduct related to the sex of a person occurs with
the purpose or effect of violating the dignity of a person and
of creating an intimidating, hostile, degrading, humiliating or
offensive environment" whereas these regulations require
only either condition. The GEO refer to this concern at
paragraph 7.10 of the EM to the instrument, as well as in the
final section of their letter of 6 March 2007 (also printed at
Appendix 4). The GEO acknowledge that the definition in the Regulations
goes beyond what is required in the Gender Directive, but justify
this extension as consistent with existing employment protections
under the SDA 1975: we would welcome a fuller justification for
the Government's position.
LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH
ACT 2007 CONSEQUENTIAL PROVISIONS ORDER 2008 (SI 2008/526)
LOCAL INVOLVEMENT NETWORKS REGULATIONS 2008 (SI 2008/526)
41. These Regulations implement the Local Government
and Public Involvement in Health Act 2007 by setting out the governance
arrangements of local involvement networks (LINks) and imposing
a duty on service providers (including some NHS bodies and local
authorities) to respond to reports and recommendations from LINks.
Amendments made under Part 14 of the Act make provision for the
abolition of the previous system of local involvement: Patients'
Forums and the Commission for Patient and Public Involvement in
Health, and for transitional arrangements. These regulations will
take effect from 1 April 2008.
CHILD SUPPORT (MISCELLANEOUS AMENDMENTS) REGULATIONS
2008 (SI 2008/536)
42. The Child Support (Miscellaneous Amendments)
Regulations 2008 (SI 2008/536) make amendments to existing legislation
relating to child support maintenance payments. The provisions
amend regulations governing both the scheme made under the Child
Support Act 1991 and the scheme made under the Child Support,
Pensions and Social Security Act 2000. The amendment extends the
range of purposes for which the Agency may seek information from
credit agencies or the Driver and Vehicle Licensing Agency from
simply tracing non-resident parents who are not paying the required
amount of maintenance to include information to aid the Agency's
collection and enforcement role.
OFFENDER MANAGEMENT ACT 2007 (ESTABLISHMENT OF PROBATION
TRUSTS) ORDER 2008 (SI 2008/598)
43. The Offender Management Act 2007 paved the
way for the delivery of probation services by the public, private
or charity sectors. The Offender Management Act 2007 (Establishment
of Probation Trusts) Order 2008 (SI 2008/598) will establish
the first six probation trusts on 1 April 2008. These are the:
Dyfed Powys, Humberside, Leicestershire and Rutland, Merseyside,
South Wales and West Mercia Probation Trusts. The principal purpose
of the trusts is to enter into contracts for the provision of
probation services from a range of sources. During the passage
of the bill through Parliament it was made clear that the new
arrangements would be established in phases, with a small number
of probation trusts being established in the first phase to allow
for lessons learnt to be incorporated into the implementation
plans. It is expected that the second phase of the new arrangements
will be brought into force in April 2009 and that the final phase
will be brought into force in April 2010.
METROPOLITAN POLICE AUTHORITY REGULATIONS 2008 (SI
2008/631)
44. The Metropolitan Police Authority Regulations
2008 (SI 2008/631) and the Police Authority Regulations 2008 (SI
2008/630) contain provisions on the appointment of members of
the police authorities in England and Wales. Generally they reiterate
the existing provisions, however, some changes have been made
to allow broader representation on police authorities, greater
police authority autonomy in recruitment, and to increase the
role of the Mayor of London in the Metropolitan Police Authority
(MPA). In the other police authorities the chairman is selected
from the membership by the other members, but under these provisions
the Mayor of London will be able to appoint himself as one of
the elected members of the MPA and, also to the chair. Where the
Mayor does not appoint himself to the authority, then he shall
appoint the chair of the authority. This change aims to give the
Mayor a greater input into policing strategy, and help to align
it more closely with the other devolved strategic powers within
London.
12 The CPRs implement the Unfair Commercial Practices
Directive (UCPD, Directive 2005/29/EC); the BPRs the Misleading
and Comparative Advertising Directive (MCAD, Directive 2006 /114/EC). Back
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