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England This advice applies to England: England home Advice can vary depending on where you live. Back to top What powers do they have? A TSO's main powers include the power to enter premises, powers of inspection and powers to secure or seize material that might be required in evidence: a TSO can at any reasonable time enter premises to observe the carrying on of a business, to inspect goods or documents, to test weighing or measuring equipment, or to make a test purchase.
Refusal of entry could be viewed as obstructing an officer, which is a criminal offence a TSO can enter your home, or any other premises used solely or mainly as a dwelling, but only with a warrant issued by a court.
A TSO can also obtain a warrant to enter any premises by force if necessary, and this might be done, for example, where it is expected that entry will be refused or obstructed if the entry is for a routine inspection then the TSO must give you two days' written notice of the inspection before entering your premises.
However, notice is not needed if: you have waived the need for it to be given to you the TSO has reasonable suspicion that you have broken the law giving notice would defeat the purpose of the visit it is not practicable to give you notice for example, there is an imminent risk to public health or safety the entry is for the purposes of market surveillance activities under safety legislation where a breach of trading standards law is suspected, a TSO can seize goods and documents Back to top How will I know that they are genuine?
Back to top Can they close businesses down? Back to top What can trading standards services do to stop businesses that break the law? Back to top Formal enforcement and penalties Each trading standards service has an enforcement policy, which explains how they seek to ensure that the action they take is fair and proportionate. The main formal enforcement options include the following.
Prosecution Many breaches of trading standards law are criminal offences and can be prosecuted in the Magistrates' Court or Crown Court. A successful prosecution may have a range of consequences, including the following: the trader will have a criminal record a punishment or sentence.
Trading standards offences can usually be punished with a fine, and in many cases the amount is unlimited. For the most serious cases imprisonment is an option, with maximum periods of up to two years for some trading standards offences. Enforcement orders For a range of breaches, trading standards services can apply to the County Court or High Court for an enforcement order requiring the business to comply with the law. This may include the following consequences: the order itself.
A breach of the order is contempt of court, which carries a maximum penalty of a fine and two years' imprisonment an order to take 'enhanced consumer measures', including changes to business processes and paying compensation to victims an order to pay the costs of the investigation and the court proceedings a requirement to publicise the order Undertaking This is a formal promise by the business to comply with the law and, where appropriate, to take enhanced consumer measures.
Compliance notices In some cases, trading standards services can issue a notice requiring the business to take action or to stop doing something, without the need to apply to court for an order. Administrative penalties In some cases, trading standards services can issue a penalty notice, in effect imposing a fine directly on a business without the need for court proceedings.
Back to top Can trading standards services intervene to get redress for a consumer? Back to top Aren't trading standards services just there to protect consumers rather than businesses? Back to top Primary Authority Primary Authority is a scheme run by local authorities to offer advice to businesses.
Back to top. What type of feedback would you like to leave ask a particular question. I am a consumer. I am a business.
I work for a local authority. I advise businesses. Where are you based please enter your postcode :. How can we improve the content on this page? How can we improve this website? Please provide further details. The TSO have to investigate complaints from consumers and then prosecute or hold business accountable.
If an electric company starts some work on your home but does not complete it, leaving you with open wiring or dangerous electrics it can be taken to the trading standards office. The trading standards office will decide whether to investigate the issue. If they do, you will be contacted for evidence and more statements.
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