CONSUMER LAW
AN END TO SQUATTERS' RIGHTS? Updated and strengthened guidance has been published jointly by the Dept for Communities and the Ministry of Justice to ensure that homeowners are aware squatters are committing an offence if they fail to leave a residential property when required to do so by, or on behalf of, a displaced residential occupier.
The government intends to make squatting a criminal offence in 2012. In the meantime,
the new guidance, 'Advice on dealing with squatters in your home', is available at
http://tinyurl.com/bizinf-
CALL FOR CLEARER CONSUMER CONTRACTS
A market study that found one in five people had experienced a problem with consumer contracts in the past year has been used by the Office of Fair Trading to provide businesses with guidance on how it will prioritise future enforcement action in this area.
The study examined when, how and why contracts cause difficulties and identified the practices and terms with the potential to cause people the greatest harm and breach consumer protection laws. It stresses that detrimental terms may not necessarily be illegal and aims to help businesses assess whether their contracts need reviewing.
The report, 'Consumer Contracts' (Oftl 312), is available at http://tinyurl.com/bizinf-
LIBEL LAW REFORM
A draft Defamation Bill, which aims to strike the balance between protecting free speech and enabling people who have genuinely been defamed to protect their reputation, has been published by the Ministry of Justice. Key provisions of the Bill – which relates to England and Wales only – are:–
A new 'public interest' defence that can be used by defendants.
A requirement for defendants to demonstrate substantial harm before they can sue.
A reduction in so-
A 'single publication' rule to prevent repeat claims for libel being made every time a publication is accessed on the Internet.
A linked consultation seeks views on responsibility for publication on the Internet and on new court procedures that would cut the costs of libel cases by encouraging early resolution of key issues.
'Draft defamation bill: consultation' (CP3/1 1) is available at http://tinyurl.com/bizinf-
MODERNISING THE CIVIL JUSTICE SYSTEM
Proposals to reform the 'no win – no fee' system by abolishing recoverability of success fees and associated costs, improving how court judgments are enforced and increasing the use of mediation to help people avoid court, are featured in what the Ministry of Justice claims will be the "the first major overhaul of the civil justice system in 15 years". Other key measures in the proposals include:
Raising the small claims limit from 5,000 to £15,000.
Changing the county court jurisdiction so High Court is used only for bigger and more complex claims.
Expanding the online system to slash waiting times and legal expenses.
Links to the consultation paper, 'Solving disputes in the county courts: creating
a simpler, quicker and more proportionate system' (CP6/2011), and a questionnaire,
are available at http://tinyurl.com/bizinf-
DEBT COLLECTION GUIDANCE
Debt collection guidance, designed to apply to creditors and all businesses engaged in debt recovery, has been published for consultation by the Office of Fair Trading.
As well as clarifying creditors' responsibilities for the quality and level of information they pass on to debt collection agencies or debt purchase companies, the guidance takes account of other new and developing practices, recent changes in the law and recently issued OFT guidance. It also sets out specific business practices that the OFT considers unfair. Overall, the aim is to ensure debt collection is carried out transparently and fairly.
'Debt collection: draft OFT guidance for creditors, debt collectors, law firms and
other businesses engaged in recovery of consumer credit debts' (Oft664con) is available
at http://tinyurl.com/bizinf-
EMPLOYMENT
ADDITIONAL PATERNITY LEAVE
Since 3 April, eligible employees in England, Scotland and Wales whose partners gave
birth, or who received notification they had been matched with a child for adoption,
have been entitled to take up to 26 weeks' additional paternity leave (APL) to care
for the child. They may also be entitled to additional statutory paternity pay (ASPP),
although both leave and pay are only available if mothers or co-
Employees cannot start their APL until 20 or more weeks after their child's birth or placement for adoption and the leave can last only to the end of the 52nu week. While the eligibility criteria for APL and pay are the same as for ordinary statutory paternity leave, employees must additionally give their employers at least 8 weeks advance notice of when they want their APL to start, submit certain declarations and state when they expect their ASPP to start.
The new paternity leave and pay regime is summarised on the Business Link website,
'Introduction of additional paternity leave and pay (England, Scotland & Wales) from
3 April 2011', at http://tinyurl.com/bizinf-
The relevant regulations (Statutory Instruments 2010 / 1055-
http://tinyurl.com/bizinf-
POSITIVE ACTION PERMITTED FOR RECRUITMENT AND PROMOTION Employers can now recruit job candidates or promote employees with certain protected characteristics who are of equal merit to another candidate/employee in circumstances where such positive discrimination will address certain inequality issues.
Section 159 of the Equality Act 2010, which came into force on 6 April, specifies
the following nine protected characteristics as justifying positive discrimination:
age; disability; gender reassignment; marriage/civil partnership; pregnancy/maternity;
race/ & hnicity/colour/nationality; religion/belief; lack of religion/belief; sex;
sexual orientation. Employers are already able to take positive action by offering
training or mentoring to these under-
When employers reasonably think people with any of these characteristics are either
under-
'The Equality Act 2010, section 159' is available at http://tinyurl.com/bizinf-
NEW FLEXIBLE WORKING RIGHTS WITHDRAWN
The Dept for Business has withdrawn plans to extend the right to request flexible working after 6 April to include parents of children up to 18 years of age. Qualifying employees with children below 17 years of age or disabled children under 18 continue to have the right to submit flexible working requests to their employers.
While DBIS remains committed to flexible working, it claims its decision to withdraw
the extension reflects business' dislike of frequent incremental changes to employment
law. DBIS has also announced its intention to introduce a 3-
An overview of current law, 'Flexible working – the law and best practice', is available from Business Link at http://tinyurl.com/bizinf21k50 (Dept for Business Public Enquiries; tel: 020 7215 5000 : Acas Helpline; tel: 08457 47 47 47).
REFORMS TO WORKERS' VISA REGIME
The new annual limit of 20,700 non-
Under three major changes, jobs qualifying for the intra-
The new Tier 2 arrangements are set out in 'Tier 2 of the points based system: statement
of intent, transitional measures and indefinite leave to remain', which is available
at http://tinyurl. com/bizinf-
Under the Migration Advisory Committee's (MAC) recommendation, a total of some 71
job titles have also been removed from the list of occupations that qualify for Tier
2, in order to raise Tier 2 skill level to National Qualification Level 4 and above.
MAC has also recommended that 8 additional jobs should be removed from the UK shortage
occupation list. Further details are available from 'Analysis of the points based
system: Revised UK shortage occupation list for Tier 2 comprising jobs skilled to
NQF level 4 and above' at http://tinyurl. com/bizinf-
(Home Office Employing Migrant Workers Helpline; tel: 0845 010 6677. UK Border Agency Sponsorship & Employers' Helpline; tel: 0300 123 4699.)
ENVIRONMENT
GREEN CLAIMS GUIDANCE
A 'proactive toolkit' of guidance designed to help companies describe the environmental credentials of their products in a way that makes it easier for consumers to make
informed judgments, prevents misleading claims and encourages the development of greener products has been published by Defra.
'Green claims guidance' is a response to research that suggests consumers find it difficult to know which products are better for the environment while companies with genuine environmental claims find it difficult to get due credit for them.
The Green Claims toolkit is available at http://tinyurl.com/bizinf-
GREEN ADVICE DELIVERED DIRECT TO YOUR DOOR
Owners and tenants of homes with an Energy Performance Certificate (EPC) will be able to have tailored advice on making their homes greener delivered directly to their door, under a new Green Deal scheme launched by the Dept for Communities. Companies offering services through 'Green Deal' will be allowed to access information collated for the certificate and use it to deliver tailored advice.
To safeguard use of the information, no details about homeowners/tenants are available, only about the energy efficiency of their properties, nor can companies keep records about properties that do not take up the scheme. Homeowners/tenants can also opt out of receiving information from Green Deal providers.
Simultaneously, the Department has introduced a range of measures to improve the quality of information in EPCs, including new operating requirements, revised disciplinary procedures, independent auditing and tougher rules to ensure consistency.
'Making energy performance certificates and related data publicly available: Privacy
impact assessment' is available at http://tinyurl. com/bizinf-
'RESOURCE EFFICIENCY' SAVES MONEY
British businesses can save some £23bn pa and reduce carbon emissions by some 29m tonnes pa with very little investment by increasing the efficiency with which they use resources such as energy, water and waste, according to new research published by Defra.
Most of the potential savings (£18bn) come from using raw materials more efficiently while savings from energy efficiency are calculated at £4bn and from water efficiency at £1 bn. The sectors with the greatest savings were identified as chemicals (circa £4bn), metal manufacturing (c. £4bn), power & utilities (c. £3bn), construction (c. £3bn) and road freight (c. £2bn).
A 2-
Business Link is also hosting a new interactive tool developed jointly by Defra and the Chartered Institute of Management Accountants to help businesses plan ahead to protect against disruption and position themselves to gain any potential financial advantage from climate change. Accessible at www.businesslink.gov.uk/climaterisk, the tool is based on ten questions that help businesses identify areas where they are at greatest risk, then provides them with a tailored report and links them to sources of further information. (Defra Public Enquiries; tel: 0845 933 5577 : Business Link Helpline: tel: 0845 600 9006.)
ENERGY SUPPLIES TO OFF-
How well the markets in heating oil and LPG are serving the 3.6m households not connected to the main gas grid in the UK is the focus of an Office of Fair Trading study launched following widespread claims about high prices, lack of transparency, misleading information and barriers to switching in the heating oil and LPG sectors particularly.
In addition to looking at the structure of the market, choice of suppliers, whether the market works well for consumers and contractual fairness, the study also examines the extent to which renewable sources, such as solar panels and wind turbines, will become effective alternatives.
'Off-
FINANCIAL SUPPORT FOR SMALL SOLAR POWER SCHEMES
The Dept of Energy & Climate Change is seeking views on proposals aimed at preventing
large scale photovoltaic (PV) schemes installed by large commercial organisations
from soaking up the Feed-
The proposals reflect the impact of unexpected and significant reductions in the
costs of solar PV technology on schemes of 50KW and more. The estimated 30% reduction
in costs means there could already be 169MW of large-
In addition to proposing a reduction in FITs for larger and stand-
DECC intends that any changes to FITs will be implemented on 11 July and will not be applied retrospectively. A comprehensive review of FITs that commenced in February will not be completed until the end of the year and other tariffs will remain unchanged until April 2012 unless the review identifies any other need for greater urgency.
'Consultation on fast-
4000). Responses by 6 May.
RENEWABLE HEAT INCENTIVE SCHEME
£860m is being made available through a new Dept of Energy & Climate Change incentive scheme designed to support the shift away from fossil fuels into renewable heat technologies such as biomass, ground/water source heat pumps, solar thermal and biomethane.
Called the Renewable Heat Incentive (RHI), it will give organisations that opt to install qualifying technologies quarterly payments for 20 years from when they enter the scheme. Eligible technologies installed since 15 July 2009 will also qualify for support.
RHI will be introduced in two phases: In Phase 1, long-
Further details of the scheme, including likely levels of support available for different technologies through the RHI Premium Payments scheme, are available in 'Renewable Heat Incentive' at http://tinyurl.com/bizinf21b58 – pdf (DECC Enquiries; tel: 0300 060 4000).
RENEWABLE FUELS TARGET
Fuel suppliers will continue to be obliged to supply renewable energy for transport through the Renewable Transport Fuel Obligation (RTFO) in order for the UK to meet its EU Renewable Energy Directive (RED) requirement for 10% of the energy used in transport to come from renewable sources in 2020.
The UK's National Action Plan shows how the majority of the target will be met through
the increased supply of biofuels, with some contribution from renewable electricity.
However, RED only accepts biofuels that meet specific sustainability criteria and
are not produced from areas of high carbon stock or high biodiversity. Biofuels made
from wastes, residues, non-
The Dept for Transport is seeking views on proposed changes that align the RTFO with
RED requirements in 'Consultation on the implementation of the transport elements
of the Renewable Energy Directive', which is available at http://tinyurl.com/bizinf-
Separate requirements for fuel and energy suppliers to reduce the lifecycle greenhouse
gas (GHG) intensity of the fuel/energy they supply by 6% per unit of energy, report
their performance annually and meet new sustainability criteria, have been introduced
by the Fuel Quality Directive. Proposals to implement the FQD in part through the
amended RTFO are set out in 'Consultation on proposals to implement Articles 7a to
7e of the EU Fuel Quality Directive (FQD) (Directive 98/70/EC as amended by 2009/30/EC)',
which is available at http://tinyurl.com/bizinf-
FARMING, FISHING & FOOD
CORNISH PASTIES AND CUMBERLAND SAUSAGES
Cornish pasties and Cumberland sausages have both been awarded a Protected Geographic
Indication (PGI) status that means they can only be made respectively in Cornwall
or Cumberland to their specified recipes. They are the 43rd and 44th British foods
to become officially protected across Europe through the PGI scheme. Details of the
EU's protected food names are available at http://tinyurl.com/ bizinf-
EXTENDING THE USE OF REMEDIAL ACTION NOTICES
Food hygiene enforcement officers will be able to use Remedial Action Notices (RANs) to require any food establishment to take prompt corrective action, under Food Standards Agency proposals. RANs can currently only be used at specified types of establishment, including slaughterhouses, cutting plants and plants processing or manufacturing products of animal origin.
RANs require prompt corrective action to control on-
'The extension of remedial action notices to all food establishments' is available
for England at http://tinyurl.com/bizinf-
ATTITUDES TO FOOD
Significant gaps in people's knowledge and understanding of key aspects of food safety and healthy eating were identified by the first in the 'Food and You' series of reports, which were commissioned by the Food Standards Agency to help understand what influences people's attitudes to food and chart how people follow government advice. For example, while the majority of respondents said they followed recommended food safety practices, some 41% said they always washed raw meat and poultry despite FSA advice to the contrary.
The report forms the baseline from which changes in public knowledge and understanding
will be monitored by subsequent reports, with the second in the series scheduled
for 2012. 'Exploring food attitudes and behaviours in the UK: Findings from the Food
and You survey 2010' is available, together with an executive summary, at http://tinyurl.com/bizinf-
CHARGES FOR MEAT HYGIENE CONTROLS
New guidance to help businesses operating slaughterhouses and meat cutting plants understand how, why and when the Food Standards Agency imposes charges relating to the hygiene control regime it operates, came into force on 28 March. In addition to explaining how the charges are calculated, the guidance advises food business operators what they can do to reduce their charges and the actions they can take if they are unhappy with them.
'A guide for food business operators to FSA charges for official controls (The Charges
Guide)' is available at http://tinyurl.com/bizinf-
FINANCIAL AND LEGAL
EXTENSION OF SMALL BUSINESS RATE RELIEF
The current temporary increase in Small Business Rate Relief (SBRR), which was
originally scheduled to run from 1 October 2010 to 20 September 2011, will continue for a further year until 30 September 2012, under an extension announced in Budget 2011. Under SBRR, the normal rate of relief is
doubled so that ratepayers with property of rateable values below £6,000 pay no rates at all, while those with property of rateable values between £6,000 and £12,000 receive tapered relief from 100% to 0%.
'Business rates information letter (2/2011: information from Budget announcement
2011' is available at http://tinyurl.com/bizinf-
NEW CCTV CODE OF PRACTICE A checklist of actions that should be undertaken by CCTV operators before installing new cameras to ensure they are absolutely necessary is one of the measures proposed by the Home Office in a new code of practice governing the use of CCTV and Automatic Number Plate Recognition (ANPR) systems.
The code, which was promised in the Freedom of Information Bill, would have to be
adopted immediately by the police and local authorities then possibly extended to businesses and other organisations in due course. A new commissioner will be appointed to monitor it.
'Consultation on a code of practice relating to surveillance cameras' is available
at http://tinyurl.com/bizinf-
The Freedom of Information Bill is available at http://tinyurl.com/bizinf-
EXEMPTIONS FROM AGE DISCRIMINATION BAN
The proposed circumstances in which it will remain lawful to use age as a reason
for treating people differently after the 2010 Equality Act provision banning age
discrimination is brought into force, have been published for consultation by the
Government Equalities Office. The proposed exceptions include:-
Age-
Group holidays provided for specific age groups – eg Saga and Club 18-
Immigration when determining a person's eligibility to enter/remain in the UK.
Sport – age-
Residential Park Homes may continue to include age limits in their admission rules.
Financial Services – age used to assess risk or decide prices, providing it is based
on information from a reliable source. The use of age-
There will be no specific exceptions to the ban on age discrimination for health
or social care services, so any age-
'Equality Act 2010: Banning age discrimination in services, public functions and
associations: a consultation on proposed exceptions to the ban' is available at http://tinyurl.com/bizinf-
PROTECTING WITH-
Concerns raised by its 2010 review of the way in which firms were operating their
with-
Key proposals include a requirement for all firms to distribute any excess surplus
fairly to policyholders, particularly when there is a significant fall in the amount
of new business they are writing. The FSA also wants to strengthen requirements for
directors and governing bodies to obtain independent advice on the management of
funds and to improve the way in which firms identify and manage conflicts of interest
affecting with-
The consultation paper, 'Protecting with-
Responses by 24 May. 'With-
RETAIL CONDUCT RISK OUTLOOK The ways in which a range of current, emerging and potential risks could impact on customers, are examined by the Financial Services Authority in the 'Retail conduct risk outlook' (RCRO) report, which has helped to inform how the FSA will set its priorities and deploy its resources. A key component of FSA's consumer protection strategy to identify risks earlier, it builds on the FSA 'Financial Risk Outlook' series – which it replaces – in analysing how trends may translate into conduct risk and result in poor outcomes for customers.
'Retail conduct risk outlook' is available at http://tinyurl.com/bizinf-
REGULATING POSTAL SERVICES Postcomm has allowed Royal Mail to increase the price of business mail in 2011/12 to help generate £100m additional allowable revenue so it can continue to finance the modernisation programme required to safeguard the universal postal service.
A range of deregulatory measures will also give Royal Mail greater freedom to compete
in markets where competition is growing – in particular the pre-
'Laying the foundations for a sustainable postal service: Postcomm's final decision:
2011-
Postcomm is already working with Ofcom to develop proposals to build on these foundations
and establish the 'building blocks' of a new and sustainable regulatory framework
for post April 2012. A new series of consultations includes 'The building blocks
for a sustainable postal service: Initial proposals for regulatory safeguards' (http://tinyurl.com/
bizinf-
Links to current consultations ('Access review', 'Analysis of markets', 'Universal
service') are available at http://tinyurl.com/ bizinf-
REVIEW OF EC'S SMALL BUSINESS ACT While the implementation of the Small Business Act (SBA) for Europe is progressing, more still needs to be done to improve the regulatory, administrative and business environments, concludes a review of progress since the Act was introduced in 2008 to provide an SME policy framework across the EU.
Member states have broadly welcomed the review as signalling recognition of the importance
of SMEs (small and medium-
The European Commission's 'Review of the Small Business Act for Europe' (Com 2011 78 final) is available at http://tinyurl.com/bizinf2123m – pdf (DBIS Public Enquiries; tel: 020 7215 5000 : Official EU and Council of Europe Publications and Documents; tel: 020 7873 8372).
MANAGING ADVERTISING NEAR OLYMPIC VENUES
Draft regulations imposing temporary restrictions on advertising and trading in open spaces within a few hundred metres of the venues for the 2012 Olympic and Paralympic Games and along the road race routes, have been published for consultation by the Department for Culture, Media & Sport.
Designed to strike the right balance between preventing unauthorised advertising
and trading that damage the rights of sponsors and enabling businesses to operate
as usual, the restrictions are in line with those used at all Olympics since Sydney
2000 and will apply for a limited time when competition at the venue is taking place.
Billboard advertising, posters, flyers, giveaways, projected advertising, moving
and aerial advertising are all covered by the proposed regulations, while standard
shop signage and in-
'Regulations on advertising activity and trading around London 2012: A consultation',
which includes access to an online questionnaire, is available at http://tinyurl.com/bizinf-
TOURISM STRATEGY
Action plans to capitalise on next year's Olympics and the Queen's Diamond Jubilee
to help attract an extra 2m overseas visitors, bring in an extra £2bn visitor spending
and create 50,000 jobs are set out in a new 4-
• Lengthening the tourist season by moving the first bank holiday in May to create either a new St George's Day holiday in England (St David's Day in Wales) or a Trafalgar Day bank holiday in the Autumn half term.
IX Creating extra apprenticeships and training courses.
n Making it faster and easier to get tourist visas.
n Transforming traditional tourist boards into smaller, industry-
I Increasing the range of attractions by creating alternative destinations that match London.
The report also commits the government to help industry prepare to use new technologies
to provide tourist information and to create a task force to reduce red tape in the
industry. 'Government Tourism Policy' is available at http://tinyurl.com/bizinf-
(Dept for Culture, Media & Sport General Enquiries; tel: 020 7211 6200).
STREET TRADING AND PEDLAR LAWS The Dept for Business has been obliged to reexamine regimes controlling pedlars and street traders in the UK in order to determine whether they comply with the Services Directive (2006/123/EC). While the European Commission now generally holds that the retail sale of goods falls within the scope of the directive, the UK previously took the opposite view.
Existing requirements for pedlars to be verified by the police and made subject to residency and 'good character' tests are not justifiable under the directive and some of the options for modernising the regimes – as set out in a consultation published on 6 November 2009 – are also redundant.
DBIS has, therefore, determined to deregulate pedlary by repealing the Pedlars Act 1871 and will further analyse the rules of the street trading regimes to identify amendments necessary to ensure compliance with the directive. It will shelve the draft guidance published as part of the 2009 consultation and issue new guidance when the new rules are made.
'Street trading and pedlar laws: government response' (Urn 11/542) is available at
http:// tinyurl.com/bizinf-
PRIVATE HEALTHCARE STUDY
The nature of competition in private healthcare provision is the key issue in a new market study, in which the Office of Fair Trading will focus on how provision is concentrated, barriers to entry, the role of consultants and constraints on consumers.
While the study will consider the provision of private medical insurance (PM!) so far as it affects the provision of healthcare, it will not consider issues at the point of sale, such as transparency. The OFT intends publishing a progress report in late summer and the final report at the end of 2011.
'Private healthcare – final statement of scope' (Oftl 295f) is available at http://tinyurl.com/bizinf-
CLAMP-
The Act, which comes into force in the UK on 1 July, also:
Makes it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad.
III Increases the maximum penalty for bribery from 7 to 10 years imprisonment, with an unlimited fine.
Guidance developed after discussions with non-
businesses explains the safeguards businesses can put in place to prevent bribery
and includes case studies on hospitality, facilitation payments and joint ventures.
It also highlights the common-
A 'Quick start guide' for smaller businesses is available at http://tinyurl.com/bizinf-
LOCALISM BILL REQUIREMENT FOR PRE-
How the provision in the Localism Bill requiring developers to consult with local communities prior to submitting certain types of planning application will work in practice is explained in a short Dept for Communities guide, which also covers the types of application that will be caught by the new requirement.
Although the Bill does not propose giving communities the power to prevent a planning application from being submitted, it would allow them to raise issues for the developer to consider and to make suggestions to reduce impact on the neighbourhood. Developers must consider any responses they receive before finalising their proposals and account for how they have consulted the local community when they submit their application. The type of developments to which the provision will apply is still open to discussion.
'Pre-
alternativeformats@communities.gsi.gov.uk).
MORE POWER TO THE PEOPLE Local authorities can ensure central government gives serious
consideration to requests from their local communities to remove unnecessary regulations,
under new measures proposed by the Dept for Communities under the Sustainable Communities
Act 2007. The requests will be submitted via a dedicated 'barrier busting' website
and people using the service will be assigned a unique Amazon-
Barriers to community actions that have already been identified include:
Criminal Record Bureau checks on volunteering.
Rules preventing welfare claimants from taking part-
Competition laws that prevent businesses from collaborating on sector-
Health and safety regulations.
Public liability insurance and catering licences running stalls at events.
'Inspiring the Big Society: a consultation on regulations under the Sustainable Communities
Act 2007' is available at http://tinyurl.com/ bizinf-
A SINGLE COMPETITION AUTHORITY Smaller businesses will benefit from an exemption for small mergers from the merger control regime and an extended supercomplaints procedure, under Dept for Business proposals to strengthen and streamline the existing competitions regime. Other proposed measures include:
Merging the competitive functions of the Office of Fair Trading (OFT) and the Competitions Commission (CC).
Increasing industry confidence through faster decision making, greater predictability and ending duplication.
Making it easier for the new authority to tackle anti-
Speeding up investigations into markets where consumers are getting a bad deal.
'A competition regime for growth: a consultation on options for reform' (Urn 11/657),
which provides access to the main consultation paper, a response form and an impact
assessment, is available at http://tinyurl.com/bizinf-
Two other publications illustrate the historic roles of the two organisations in two key areas – retail mergers and merger assessment:
(1) The extent to which competition takes place at local and national levels, the
local catchment area for retail outlets and the techniques used to assess how mergers
might affect retail prices are the focus of a commentary on retail mergers. Covering
the seven years since the Enterprise Act 2002 came into force, it explains the approaches
the two organisations have undertaken during their inquiries. 'Commentary on retail
mergers' (Oftl 305) is available at http://tinyurl.com/bizinf-
(2) A simple explanation of their respective roles in reviewing mergers to ensure
they do not substantially lessen competition is set out in 'A quick guide to UK merger
assessment' (Oftl 313), which is available at http://tinyurl.com/bizinf-
More detailed guidelines on the economic assessment of mergers are provided by 'Merger
assessment guidelines' (Oftl 254: Sep 2010) at http://tinyurl.com/bizinf-
COMPETITION LAW AND LAND AGREEMENTS
Guidelines explaining to businesses how the general principles of competition law
apply to land agreements in the UK after 11 April, when the Chapter 1 prohibition
on anti-
While there are many legitimate reasons for restrictions that affect or limit the ways in which land may be used, the guidelines focus on two categories of land agreement that are most likely to restrict competition:–
If the parties are competitors in a relevant market and the restrictions in land use are aimed at sharing or carving up markets between them.
If the agreement restricts entry or expansion in a particular market.
'Land agreements: the application of competition law following the revocation of the Land Agreements Exclusion Order'
(Oftl 280a) is available at http://tinyurl.com/ bizinf-
overview of how competition law applies to land agreements' is at http://tinyurl.com/bizinf-
PRODUCTS TO SUPPORT BUSINESS GROWTH
Thirteen products, which have been designed to help businesses identify and overcome
challenges at different stages of their development, comprise the new 'Solutions
for Business' portfolio introduced by the Dept for Business. Unlike the existing
32-
The 13 products are:– High growth coaching; helping businesses grow internationally; manufacturing advisory service; designing demand; knowledge transfer partnerships; networking for innovation; collaborative research and development; grant for research and development; workplace training, including apprenticeships; improving resource efficiency; finance for business; understanding finance for business; rural development programme for England business support.
'Solutions for business: Government funded business support: a guide for business'
(Urn 11/776), which explains each of the products, is available at http://tinyurl.com/bizinf-
STRATEGY FOR TRADE AND INVESTMENT
Three measures to support small and medium-
Improve and expand government trade finance and insurance products, boosting support in particular for SMEs who want to export. "" Four new or improved Export Credits Guarantee Department products are announced in the White Paper.
Increase UK Trade & Investment's focus on emerging markets.
Lobby European partners to radically improve the regulatory environment for SMEs in the single market.
The Paper outlines the government's five year strategy for achieving growth in the light of the global economic crisis and sets out a range of actions to help secure a strong and open global economy.
'Trade and investment for growth' (Cm 8015), which costs £20.50 in hard copy from
The Stationery Office (tel: 0870 600 5522), is available online at http://tinyurl.com/bizinfx2114
-
HORSERACE BETTING LEVY SCHEME 2011-
The headline rate of levy paid by licensed betting offices (LBOs), telephone and internet betting operations (including betting exchanges) will increase from 10% to 10.75% under the 50th Levy Scheme, which runs from April 2011 to March 2012. The threshold, beneath which LBOs pay an abated levy, will be reduced to £50,000 and the rate for firms, which derive their gross profit from spread betting businesses, will increase from 2% to 2.15%.
The terms of the new levy, which were fixed by the Dept for Culture, Media & Sport
after the Horserace Betting Levy Board was unable to approve a recommendation from
the Bookmakers' Committee, will generate proceeds of between f73.7-
'50th Levy Scheme – 2011-
REFORM OF AIR PASSENGER DUTY Proposals to reform the current Air Passenger Duty (APD)
banding system, together with plans to extend APD for the first time to passengers
on business jets, are the key provisions in a consultation on reform of APD launched
at Budget 2011. The Chancellor also announced that he would not be proceeding alone
with the switch from a per passenger to a per-
'Reform of air passenger duty: a consultation' (P01136) defines the government's
objectivesfor APD as "a simple tax system that does not hamper growth, ensures a
fair contribution towards public finances and is consistent with a reduction in global
emissions." It also covers APD in relation to 'premium economy passengers', regional
impacts and devolution in Scotland, Northern Ireland and Wales. The consultation
paper is available at http://tinyurl.com/bizinf-
HELP TO SPOT FAKE IDS
New guidance to help door staff and those selling alcohol to crack down on underage
drinking by spotting false documents and knowing what to do when they have confiscated
them ('False ID Guidance'), has been published by the Home Office at http://tinyurl.com/bizinf-
MUSIC WHILE YOU WORK
In edition 158, page 7, the last paragraph of this item should have read: "Businesses
playing recorded music also require a separate licence from PPL UK – the music licensing
company that represents performers and record companies." An online leaflet, 'Why
do I need a music licence?: A guide for business', is available at http://tinyurl.com/bizinf-
HEALTH & SAFETY
REFORMING HEALTH AND SAFETY LAW
Health and safety inspectors will focus on high-
back into Britain's health and safety regime. Other changes include:
Rogue employers who endanger employees and the public will have to pay the costs of investigation into their activities.
Steps to eliminate 'cowboy' unqualified health and safety consultants include the launch of a new register of qualified occupational health and safety consultants (** see next item).
A review of all health and safety law will be completed and published by Autumn, with the aim of identifying measures that put unnecessary burdens on business.
A new online package called 'Health and Safety made simple' will provide small and
low risk employers with all the help they need to achieve a basic, bureaucracy-
'Good health and safety, good for everyone', which sets out the framework for the
reform of health and safety regulation for Britain's businesses, is available at
http://tinyurl.com/ bizinf-
REGISTER OF OCCUPATIONAL HEALTH & SAFETY CONSULTANTS More than 1,600 appropriately qualified UK consultants are featured in a new online Occupational Safety and Health Consultants Register (OSHCR) created by professional bodies representing general safety and occupational health consultants, with support from the Health and Safety Executive.
In order to join the register, which went live in late March, consultants must be
able to prove they belong to a professional body, have a degree-
REPORTING INJURIES UNDER RIDDOR Proposals to extend the period before an injury or
accident at work needs to be reported to the relevant enforcing authority (HSE or
the local authority) from 3 to 7 days by amending the 'RIDDOR' Regulations * have
been published for consultation by the Health & Safety Executive. (* The Reporting
of Injuries, Diseases, and Dangerous Occurrences Regulations 1995 / 3163 – http://tinyurl.com/
bizinf-
The proposal would align the incident-
medical assessment.
'A consultation document on proposed amendment to the Reporting of Injuries,
Diseases and Dangerous Occurrences Regulations 1995' (RIDDOR), which includes a link
to an online questionnaire, is available at http://tinyurl.com/bizinf-
TAXATION
NEW PAYE SOFTWARE FOR EMPLOYERS
HM Revenue & Customs has published guidance on the new downloadable computer software
package it has introduced to replace the Employer CD-
'Using HMRC's basic PAYE Tools' is available at http://tinyurl.com/bizinf-
KEEPING HMRC INFORMED
Taxpayers can now go online at any time of the night or day to let HM Revenue & Customs know when they move home or change their name, thanks to a free, secure change of circumstances service that requires just a few minutes to complete and send a form. Users will receive automatic confirmation that the form has been completed correctly and emails letting them know their details have been updated on any HMRC systems they are linked to.
Further information about the service and access to the form are available at http://tinyurl.com/bizinf-
TAX AMNESTY TARGETS PLUMBERS Plumbers, gas fitters and heating engineers who have not declared all their earnings can avoid a full tax investigation and possible penalties of 70% of what they owe, by taking advantage of a new tax plan launched by HM Revenue & Customs to make it easier and cheaper for them to get their tax affairs back in order.
Called the plumbers' tax safe plan (PTSP), it offers members of any plumbing industry associated trade low penalty rates of 10% if they owe tax because of a careless error or because they have not yet told the taxman they have started working for themselves, while the rate for deliberately withholding information is 20%. It offers very similar terms to anyone wanting to make a full, voluntary tax disclosure.
Those wishing to take advantage of the PTSP have to tell HMRC of their intention to disclose what they owe before 31 May, then go on to make their disclosure and arrange payment by 31 August.
Further information about the PTSP is available at http://tinyurl.com/bizinf-
'RENT A ROOM' SCHEME
With the countdown to the Olympics well underway, HM Revenue & Customs has issued a timely reminder to householders that events are being held at certain venues around the country, and if they are thinking of renting out a spare room to visitors, they can receive up to £4,250 pa tax free under the Rent a Room Scheme.
People who rent, as well as own, their homes qualify for the scheme, and it is
available for rooms or entire floors that are rented to a lodger, who pays to live
in their home and occasionally shares family rooms. It does not apply to homes converted
into separate flats, unfurnished rooms or if an entire home is let. Further information
is set out in 'The Rent a Room scheme', which is available at http://tinyurl.com/bizinf-
POTENTIAL OVERPAYMENTS OF CLASS 1A NICS
Directors and employees who have received benefits in kind with 'mixed' business
and private uses may be entitled to claim for overpayment of NICs as the result of
a First-
The First-
Taxpayers who think they have overpaid Class 1A NICs because they did not take into
consideration section 363-
Further information is available at http:// tinyurl.com/bizinf-
(** Antique Buildings Ltd v Commissioners HMRC [TC 00408], First-
TELECOMMUNICATIONS
ROLLOVER LANDLINE CONTRACTS TO BE BANNED?
Contracts that automatically tie consumers into a new deal every year unless they
opt-
Ofcom estimates 15% of UK residential customers are on rollover contracts and identified BT, together with a number of smaller telecoms companies, as offering them. Although they are legal, they limit competition by making it harder for consumers to switch providers and customers are also usually subject to an early termination charge should they wish to end the contract and change supplier.
Under Ofcom's proposals, providers who continued to offer opt-
'Automatic renewable contracts' is available at http://tinyurl.com/bizinf-
BROADBAND LESS THAN 50% ADVERTISED SPEED
While average broadband speeds increased from 5.2Mbit/s in May 2010 to 6.2 Mbit/s in November/December, this is still less than half the average 'up to' speed of 13.8Mbits advertised by some Internet Service Providers (ISPs), reveals the latest Ofcom research. In particular, speeds for ADSL services over copper lines varied widely and were typically much lower than advertised speeds.
Ofcom has published its research alongside its response to the consultation on 'broadband speeds advertising', which was conducted jointly by the Committee for Advertising Practice and the Broadcast Committee for Advertising Practice. Ofcom recommends that advertised speeds should be based on a 'typical speeds range' that must have at least equal prominence to any 'up to' speeds. A maximum speed must be used only if it is achieved in practice by a material number of consumers. Ofcom is supporting its approach by setting out the TSR for different fixed line technologies.
In response to the separate consultation request for views on the use of the term 'unlimited' in broadband advertising, Ofcom recommends the term should only be used when a service has no usage caps implemented through a fair usage policy.
ISPs who have signed up to the strengthened voluntary broadband speeds code of practice that comes into force this July, have already committed to explain to new customers what access line speed they are likely to achieve at home. They also promise to try to resolve problems where actual time is significantly below the estimate.
Ofcom's response to the consultation, 'Average broadband speed is still less than
half advertised speed', is available at http://tinyurl. com/bizinf-
The research report is at http://tinyurl.com/ bizinf-
REDUCED MOBILE RATES
A cap imposed from 1 April by Ofcom on the wholesale charges made by the four major mobile network providers to other operators when they connect calls to their networks (mobile termination rates) will benefit consumers by leading to cheaper landline services and greater choice in mobile markets.
Ofcom claims the cap it has imposed on the termination rates charged by 02, 3UK, Everything Everywhere and Vodafone will lead to an overall reduction in the termination rates charged by 31 March 2015 – when the cap will be lifted – of some 80%. Ofcom has also required 28 other mobile providers to set rates on a 'fair and reasonable basis'.
'Wholesale mobile voice call termination: executive summary' is available at http://
tinyurl.com/bizinf-
ADDITIONAL SPECTRUM FOR MOBILE SERVICES
Plans announced by Ofcom for the largest ever single auction of additional spectrum for mobile services aim to provide essential capacity for 4G mobile technology, while including safeguards and conditions to promote competition, deliver higher speeds and extend mobile broadband coverage to 95% of the UK population.
800 MHz and 260 GHz spectrum bands –together equivalent to 75% of the mobile spectrum in use today – will be auctioned. The 800 MHz spectrum, which is being freed up by the switch from analogue to digital TV, is ideal for widespread mobile coverage while the higher frequency facilitates the delivery of higher speeds.
The UK mobile market currently comprises four national wholesale operators, who sell services to other retailers as well as to their own customers. Ofcom proposes to maintain at least this level of national competition by imposing limits on the minimum (floors) and maximum (caps) of spectrum one operator can win in the auction.
Background information on the auction, which is scheduled to commence in early 2012, is available at http://tinyurl.com/bizinf2y167. 'Consultation on assessment of future mobile competition and proposals for the award of 800 MHz and 2.6 GHz spectrum and related issues' is at http://tinyurl.com/bizinf2167p – pdf (Ofcom Enquiries; tel: 0300 1 23 3333). Responses by 31 May.
TRANSPORT
NEW MOTOR INSURANCE LAW
From March, information about a new law requiring that registered owners must keep
their vehicles insured all the time unless they have made a Statutory Off Road Notification
(SORN) to the DVLA, should have been distributed with all V11 tax renewal forms.
Unless they can produce a SORN notice, registered keepers of uninsured vehicles could
receive a fixed £100 penalty, have their vehicle wheel-
CRACKDOWN ON BLUE BADGE ABUSE Local authority officials will have new powers to seize Blue Badges on the spot when they have been abused and to cancel badges that have been lost, stolen, allowed to expire or withdrawn because of abuse, under a sweeping new programme of Dept for Transport reforms of the disability access scheme.
Full details of the reforms and the timetable for implementation are available, together
with Frequently Asked Questions and other background information, at http://tinyurl.
com/bizinf-
LONGER LORRIES?
The Dept for Transport is seeking views on whether the permitted overall length of
articulated vehicles should be increased to the overall weight and dimensions already
permitted for rigid truck/drawbar trailer goods vehicles. It is proposing to amend
existing regulations to permit an increase of 2.05m in the permitted length of semi-
The increase is in line with the findings of a 2008 DfT report that highlighted drawbacks
to the use of substantially longer and heavier vehicles, but identified worthwhile
benefits from permitting the limited increase in the length of current articulated
vehicles, particularly for the transport of low-
'Consultation on the possibility of allowing an increase in the length of articulated
lorries' is available at http://tinyurl.com/bizinf-
TRANSPORT OPERATOR LICENCES Member states will be required to establish a national
register of lorry, bus and coach operators, as already exists in the UK, under a
new EC regulation that helps to create a level playing field for UK companies. EC
Regulation 1 071 /2009, which comes into force on 4 December, also requires member
states to act on information from UK enforcement agencies, gives greater responsibility
to transport managers and requires them to demonstrate professional competence. It
also introduces new rules on how operators must demonstrate their financial standing.
'Public consultation on implementing EC Regulation 1071/2009' in the UK by the Traffic
Commissioners is available at http://tinyurl.com/bizinf-
DANGEROUS GOODS REGULATIONS In transposing a new European directive on transportable pressure equipment (2010/35/EU) into GB law before 30 June 2011 by amending the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG 2009), the Dept for Transport is also revoking the redundant Classification and Labelling of Explosives Regulations 1983 (CLER) in the amending regulations.
'Proposals to amend 'The carriage of dangerous goods and use of transportable pressure
equipment regulations 2009' is available at http://tinyurl.com/bizinf-
If you require this document in an alternative format please ring 01253 336036 or email accessability@fsb.org.uk