Reducing Administrative Burdens the Consumer and Trading Standards Agency Consultation

HERTFORDSHIRE COUNTY COUNCIL

CABINETMONDAY 12 SEPTEMBER 2005 AT 2.00 P.M.

"REDUCING ADMINISTRATIVE BURDENS" – THE CONSUMER AND TRADING STANDARDS AGENCY CONSULTATION.

Report of the CountySecretary

Author: Ian McLachlanTel: 01992 555612

Head of Trading Standards

Executive Member:- David Lloyd

1. Purpose of report

To seek the views of Cabinet on a response to the consultation document, and to authorise the County Secretary in consultation with the Executive member for Adult Care and Community Safety to finalise the response and submit it on behalf of the County Council. A draft response is attached as Appendix A.

1. Summary

2.1In 2004, the Chancellor of the Exchequer asked Philip Hampton (Chairman J Sainsbury plc) to identify ways in which the administrative burden of regulation on businesses could be reduced, while maintaining or improving regulatory outcomes. Philip Hampton’s report, published alongside the Budget 2005, made 35 recommendations for meeting that goal.

2.2The report identified the importance of risk assessment, leading to a reductionin the number of inspections, the need for proper advice to increase the probability of compliance, and recommendations on penalty regimes and reducing form filling. Finally it recommended a less complicated regulatory structure, with the consolidation of some national regulators into groups with principal themes.

2.3The Government accepted all of the Hampton recommendations and a consultation paper on developing the CTSA was issued in July 2005. Primary legislation will be needed to set up the CTSA, which is expected to be in place by 2009. The deadline for responses to the paper is 12 October 2005.

2.4The new body will bring together the consumer enforcement functions of the: Office of Fair Trading, (OFT), as well as the functions of the NationalWeights and Measures Laboratory, (NWML),the British Hallmarking Council (BHC), and the Hearing Aid Council (HAC). It will manage Consumer Direct, the new national advice line which is delivered by Hertfordshire in the eastern region, and co-ordinate the work of Trading Standards Departments across the UK, setting performance standards and ensuring the sharing of bestpractice.

2.5Views are also sought as to whether the CTSA should have a role in certain consumer redress measures set out as part of the DTI Consumer Strategy “A Fair Deal for All”. Finally, questions are posed as to whether the CTSA should be a new and separate body or established as part of the OFT.

3.Conclusion

3.1The setting up of the new CTSA has the potential to put consumer and tradingstandards issues at the heart of government, and should certainly standardise exactly what is expected of local authorities. However, there are some concerns that too much direction from the centre, could lead to local/national tension, as well as a diminution of localaccountability. Further information on how the CTSAwould be funded would also be welcome.

3.2The consultation period does not end until 12 October, and within that period there are a number of seminars at which further discussions will take place. DTI officials are also due to visit Hertfordshire, to explore how we operate the Home Authority (HA) principle.

3.3Those meetings will better inform a final response, which will be discussed with the Executive Member. Cabinet is asked to authorise the CountySecretary,in consultation with the Executive Member, to finalise a response and submit it on behalf of the County Council.

Background

• Reducing Administrative Burdens – P J Hampton March 2005
  
• Reducing Administrative Burdens – The Consumer and Trading
  Standards Agency July 2005
  

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