Part 8 of the Enterprise Act 2002 (‘the Act’) is concerned with enhancing the enforcement powers of Trading Standards in order to protect the consumer.
Timothy Thompson of Kangs Solicitors comments on the use of Undertakings.
What Are Undertakings? | Kangs Consumer Regulations Solicitors
An undertaking is an agreement by a trader to cease conduct which the Regulatory Body feels breaches Consumer Regulations.
The document containing the undertaking:
- sets out the conduct which is of concern
- regulation believed to be relevant and
- the actual terms of the undertaking to prevent further breaches
What Does The Legislation Say? | Kangs Regulatory Solicitors
Undertakings are covered by Section 219 of the Act which states:
(3) This subsection applies to a person who the enforcer believes;
- has engaged in conduct which constitutes an infringement;
- is engaging in such conduct;
- is likely to engage in conduct which constitutes a Community infringement.
(4) A person complies with this subsection if he—
- does not continue or repeat the conduct;
- does not engage in such conduct in the course of his business or another business;
- does not consent to or connive in the carrying out of such conduct by a body corporate with which he has a special relationship (within the meaning of section 222(3)).
What Happens If An Undertaking Is Breached? | Kangs Criminal Solicitors
Breaches will normally result in civil court action by way of an Injunction against one or more of the individuals responsible for operating the defaulting business.
In addition, there is likely to be imposed a penalty for the costs incurred.
Subsequent breaches of a Court Order may lead to:
- contempt of court proceedings.
- imprisonment or unlimited fines.
- prosecution for breaches of the relevant regulations. For example, conviction of an offences under the Consumer Protection from Unfair Trading Regulations 2008 may lead to a term of imprisonment of up to 2 years.
How Can We Help?| Kangs Regulatory Team
Trading Standards will probably require you to attend their offices for an interview.
We would advise you seek legal representation as soon as you become aware of this requirement.
Kangs Solicitors have a dedicated team of lawyers who deal with Trading Standards on a daily basis and which is always available to assist.
Contact | Kangs Trading Standards Solicitors
Please do not hesitate to contact our lawyers through any of the following: