Below is a listing of some common legislation applicable to traders.
Business Names Act 1985 - Trading Names
It is a fundamental right of your customers to know who they are dealing with. It is a criminal offence under Section 4 of the Business Names Act 1985 not to clearly display the owners name on business documentation including invoices and receipts.
Consumer Transaction (Restriction on Statements) Order 1976 & Fair Trading Act
"no refund", "sold as seen" credit notes only on exchange goods", "refunds within 28 days of purchase" etc notices displayed in shops are contrary to the Consumer Transaction (Restriction on Statements) Order 1976. Under the Fair Trading Act, these signs do not impose any limitation of buyers rights.
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977 makes a restrictive statement in a contract null and void. Hence, businesses cannot limit their liability in the small print with opt out clauses.
Unsolicited Goods and Services Act
Businesses may be targeted with bogus invoices demanding money for website addresses, telephone directories etc. some of these emanate from Switzerland, Liechtenstein, or other obscure countries, but all ask for money as if your business has ordered their services. Trading Standards advice is to ignore these hoax demands.
Consumer Protection Act 1987
If a trader identifies a pricing error at the time of sale, they do not have to serve the customer. If the product is sold to the customer, it must be at the price the customer has seen. It is illegal to overcharge or use misleading or unfair price comparisons
Enterprise Act 2002
Under Part 8 of the Enterprise Act, Trading Standards and other bodies responsible for consumer law enforcement, have stronger powers to seek court orders against businesses who breach certain consumer protection laws.
Before taking court action (ie seeking an Enforcement Order), Trading Standards and other enforcement bodies will always invite the trader concerned to respond to the allegations against them, and they will be able to give binding commitments (undertakings) instead of going to court.
The enforcement procedure is based on the Stop Now Regulations which it replaces along with Part III of the Fair Trading Act.
Consumer Protection from Unfair Trading Regulations 2008
The Consumer Protection from Unfair Trading Regulations 2008 came into force on 26th May 2008. They implement the Unfair Commercial Practices Directive (UCPD) in the UK, and replace several pieces of consumer protection legislation that were in force prior to 26th May 2008. The Regulations introduce a general duty not to trade unfairly and seek to ensure that traders act honestly and fairly towards their customers. They apply primarily to business to consumer practices (but elements of business to business practices are also covered where they affect, or are likely to affect, consumers).
The vast majority of UK businesses are fair dealing and should not have needed to change their business practices to comply with the Regulations, which aim to tackle those businesses who do not always treat their customers well.
» For further information see Consumer Protection from Unfair Trading Regulations 2008 on the Office of Fair Trading website
For further details, help and guidance contact
Waltham Forest Trading Standards
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
Walthamstow E17 4SU
