Trading Standards Services have a duty to enforce the following legislation:
Main Legislation
Agriculture Act 1970
- Provides for controls of fertilisers and animal feeding stuffs.
- Statutory labelling of fertilisers and animal feeding stuffs.
- Prevents excess deleterious materials in animal feeding stuffs.
Agricultural Produce (Grading and Marking) Acts 1928 and 1931
- Provides for controls of fertilisers and animal feeding stuffs.
Animal Health Act 1981
- Provides for the control of animal diseases.
- Provides for the welfare of animals on the farm, in transit and at market.
- Deals with animal diseases that can be caught by humans
Protection of Children (Tobacco) Act 1986 and The Children and Young Persons (Protection From Tobacco) Act 1991
- Prohibits the sale of tobacco to children.
- Controls the siting of cigarette vending machines.
Clean Air Act 1993
- Controls the lead content of petrol and the sulphur content of diesel fuel in order to reduce atmospheric pollution.
Consumer Credit Act 1974
- Provides for control of consumer credit and hire.
- Requires licensing of credit and hire traders.
- Controls credit and hire advertising.
- Controls credit and hire documentation.
- Controls format used to indicate credit charges.
- Provides powers to revoke licences of traders offering credit or hire facilities.
- Controls debt-collecting and credit reference agencies.
Consumer Protection Act 1987
- Provides for liability for damage caused by defective products.
- Prohibits the supply of goods not in accordance with the general safety requirement.
- Provides for the protection and safety of consumers by enabling Regulations/Orders to be made controlling consumer goods.
- Provides for approved safety standards to enable compliance with general safety requirements.
- Prohibits the supply of unsafe goods.
- Provides powers for seizing and forfeiture of unsafe goods.
- Provides powers to suspend the sale of suspected unsafe goods.
- Requires persons to publish notices warning consumers of unsafe goods previously supplied.
- Prohibits misleading price indications
Control of Pollution Act 1974
- Controls the sale of anti-fouling paints and treatments
Development of Tourism Act 1969
- Requires price of accommodation to be displayed by hotels.
Education Reform Act 1988
- Restricts the ability to award degrees to bodies authorised by Royal Charter, Act of Parliament or in other cases designated by the Secretary of State.
- Restricts the use of terms 'Bachelor', 'Master' or 'Doctor'.
Energy Act 1976
- Requires the publication of data relating to passenger car fuel consumption.
Energy Conservation Act 1981
- Permits Regulations requiring the labelling of certain domestic appliances as to their fuel consumption (none in force).
Estate Agents Act 1979
- Governs accounts in respect of clients' money.
- Controls certain activities in connection with the disposal and acquisition of interests in land by Estate Agents.
- Provides powers to ban 'unfit' persons from estate agency
European Communities Act 1972
- Implements community obligations.
- Prohibits supply of goods not of prescribed standard or composition.
- Imposes safety restrictions on certain goods
Explosives Acts 1875 and 1923 and Explosives (Age of Purchase) Act 1976
- Control registration of explosives stores and sellers of fireworks.
- Prevents sales of fireworks to under-age children.
Fair Trading Act 1973
- Promotes fair-trading.
- Provides controls on persistent offenders who contravene trading laws
Food and Environment Protection Act 1985
- Protects the public from food rendered unsafe as a result of the escape of harmful substances such as radioactive fall-out.
- Protects the public from the misuse of pesticides
Hallmarking Act 1973
- Provides protection for purchasers of precious metals in relation to composition, assaying, marking and description.
- Provides for recognition of international markings on gold, silver and platinum.
Health and Safety at Work etc Act 1974
- Controls the classification, packaging, labelling, carriage and storage of dangerous substances.
Medicines Act 1968
- Provides controls for medicinal products on production, composition, labelling, advertising.
- Controls the incorporation of medicinal products in animal feeding stuffs
Merchant Shipping Act 1979
- Controls the loading of ships with cargo. Trading Standards has responsibilities with respect to weighbridges (including attendants) used to check loads (i.e. the weight of heavy goods vehicles).
Motor Cycle Noise Act 1987
- Regulates the sale of exhaust systems for motorcycles.
Olympic Symbol etc (Protection) Act 1995
- Prevents unauthorised use of the Olympic Games symbols and similar labels.
Prices Acts 1974 and 1975
- Provides power to regulate the price display of certain goods.
- Provides protection and price information for consumers.
- Promotes fair-trading.
- Controls the manner in which prices and sale prices of goods may be indicated
Property Misdescriptions Act 1991
- Prescribes various illegal practices associated with buying and selling of property
Timeshare Act 1992
- Regulates the conduct of the sale of timeshare properties.
Trade Descriptions Act 1968
- Prohibits misdescription of goods.
- Prohibits false claims for services, accommodation and facilities
Trade Marks Act 1994
- Creates an offence for the fraudulent application or use of a trade mark
Trading Representations (Disabled Persons) Acts 1958 and 1972
- Controls representations made by traders in respect of the employment or assistance of blind or disabled persons in the production, packing or sale of goods
Video Recordings Acts 1984 and 1993
- Requires classification and labelling of videos.
Weights and Measures Act 1985
- Controls weighing and measuring equipment used for trade.
- Protects against deficient quantity in sale of goods.
- Allows provision of metrological technology service to trade and industry.
- Provides guidance and control on packers' quantity control systems.
- Helps to promote the free flow of goods within the EEC.
Other Criminal Legislation
Local authorities generally have no statutory duty to enforce the following legislation, but can authorise their Trading Standards Service to do so.
Accommodation Agencies Act 1963
- Controls the taking of money for providing services in connection with the letting of property
Administration of Justice Act 1970
- Creates offence for harassment of debtors or alleged debtors.
Business Names Act 1986
- Requires a business carried on under a name other than that of its owner must display particulars of ownership on premises and stationery
Cancer Act 1939
- Prohibits claims concerning cures or treatments for cancer.
Companies Act 1985
- Requires limited companies to state their trading details on business premises and in documents
Copyright, Designs and Patents Act 1988 as amended by the Broadcasting Act 1990
- Establishes legal protection for designs.
- Creates criminal offence to combat counterfeiting.
- Controls making, importing or distributing infringing copies of copyright material.
Criminal Justice Act 1988 (offensive weapons) as amended by the Offensive Weapons Act 1996.
- Prohibits the sale of knives and other bladed or pointed articles to under 16 year olds
Dogs Act 1906 as amended by the Dogs (Amendment) Act 1928
- Deals with unburied animal carcasses.
Farm and Garden Chemicals Act 1967
- Controls labelling and marking of products.
- Prohibits transactions in unlabelled products.
Forgery and Counterfeiting Act 1981
- Prohibits forgery and counterfeiting of documents.
Insurance Brokers (Registration) Act 1977
- Requires brokers to be registered
Intoxicating Substances (Supply) Act 1985
- Prevents sale of intoxicating substances, and equipment to aid misuse of such substances, to children.
Knives Act 1997
- Prevents the marketing of dangerous knives, and prohibits their sale to minors.
Malicious Communications Act 1988
- Makes provision for the punishment of persons who send or deliver letters or other articles with the purpose of causing distress or anxiety.
Mock Auctions Act 1961
- Prohibits certain practices in relation to sales purporting to be sales by auction.
Motor Vehicles (Safety Equipment for Children) Act 1991
- Amends the Road Traffic Act 1988 to provide regulation making powers for the shape, construction or other quality of restraining devices used for children.
Protection Against Cruel Tethering Act 1988
- Prohibits animals from being tethered in certain circumstances
Protection of Animals Act 1911 as amended by the Protection of Animals (Amendment) Act 1954 and the Agriculture (Miscellaneous Provisions) Act 1968
- Deals with the cruelty aspect of animal welfare.
- Gives courts powers to ban persons from keeping animals
Road Traffic Acts 1988 and 1991 Road Traffic Act (Consequential Provisions) Act 1988 Road Traffic Offenders Act 1988 Road Traffic (Foreign Vehicles) Act 1972
- Prohibits the overloading of goods vehicles.
- Prohibits sale of unroadworthy vehicles.
- Imposes minimum safety requirements of certain vehicles.
Solicitors Act 1974
- Controls unlicensed conveyancing
Telecommunications Act 1984
- Controls advertising, marketing and labelling of telephones and associated equipment
Theft Acts 1968 and 1978
- Prohibits obtaining property or obtaining a pecuniary advantage by deception or false accounting.
Trading Stamps Act 1964
- Regulates the issue, use and redemption of trading stamps
Unsolicited Goods and Services Acts 1971 and 1975
- Controls the supply of unsolicited goods.
- Provides penalties for demanding payment for unsolicited goods.
- Controls trade directory entries
Civil Legislation
Local authorities have no responsibility for the following Acts. However, they provide the basis for contract law, which is applicable to consumers and businesses alike and are fundamental to the conduct of trading activities.
Consumer Arbitration Agreements Act 1988
- Prevents compulsory arbitration clauses in consumer contracts
Misrepresentation Act 1967
- Gives consumers civil redress for misrepresentations of goods.
Unfair Contract Terms Act 1977
- Makes void unfair contract terms.
Torts (Interference with Goods) Act 1977
- Allows holders of other people's goods to sell them if certain conditions are complied with.
Sale of Goods Act 1979 as amended by Sale of Goods (Amendment) Act 1994, Sale and Supply of Goods Act 1994 and Sale of Goods Act 1995
- Details the rights of purchasers and the duties of sellers in the sale of goods.
Limitation Act 1980
- Prevents action being taken by parties to a contract after six years.
Supply of Goods and Services Act 1982
- For contracts other than for the sale of goods, details the rights of purchasers and the duties of sellers.
Cheques Act 1992
- Enables consumers to protect payment by cheque.