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Summary of Policy & Procedures
Trading Standards Enforcement Work
Trading Standards Enforcement work is carried out in order to ensure that businesses are complying with statutory requirements and are aware of their rights and obligations. The primary purpose of such work is to protect the public, consumers and local businesses. At the same time, carrying out enforcement functions in an equitable, practical and consistent manner helps to strengthen the local economy. We are committed to these aims and to creating a fair and safe trading environment.
The purpose of this leaflet is to provide a brief outline of:
- Our commitment to good enforcement policies and procedures.
- The procedure for requesting a review of any enforcement action taken by a Trading Standards Officer of North Lanarkshire Council.
- The various methods by which a complaint about Trading Standards services can be recorded.
- Where to obtain further information about North Lanarkshire Council's Trading Standards Enforcement policies and procedures.
Principles of Good Enforcement
In line with recommendations made by COSLA, North Lanarkshire Council's Trading Standards service has adopted the Concordat on Good Enforcement which commits us to the policies and procedures that are outlined below.
POLICY
- Standards:
In consultation with businesses, we will produce clear performance standards outlining what can be expected from Trading Standards Enforcement Officers. In addition, written assessments of how well we are performing against these standards will be accessible to the public.
- Openness:
We will provide information and advice in plain English on the rules that we apply and will disseminate this as widely as possible. We will be open about how we set about our work, including any charges that we set.
We believe that prevention is better than cure and that our role therefore involves actively working with businesses, especially small and medium sized businesses, to advise on and assist with compliance. We will provide a courteous and efficient service incorporating best practices in customer care.
- Complaints about service:
In line with North Lanarkshire Council's standard procedures, we will provide effective and timely complaints procedures easily accessible to business, the public, employees and consumer groups. In cases where disputes cannot be resolved, any right of appeal will be fully explained.
We will strive to minimise the cost of compliance for business by ensuring that any action we require is proportionate to the risks. As far as the law allows, we will take account of the circumstances of the case and the track record of the business in question when considering action.
We will take particular care to work with small businesses and voluntary and community organisations so that they can meet their legal obligations without unnecessary expense, where practicable.
- Consistency:
We will carry out our duties in a fair, equitable and consistent manner. While officers are expected to exercise judgement in individual situations, we will have arrangements in place to promote consistency including effective arrangements for liaison with other local authorities and enforcement bodies.
PROCEDURES
- Traders should view inspection visits as an opportunity to ask questions and seek advice. All advice given will be put clearly and simply and will be confirmed in writing if this is requested.
- Following a visit, any remedial work that is deemed to be necessary to ensure compliance with the law will be outlined in writing, with details provided of any time-scales that must be adhered to.
- If formal enforcement action is deemed to be necessary, Officers will first provide an opportunity to discuss the situation and, where possible, resolve points of difference. Regrettably, provision of this opportunity will not be possible where immediate action is essential, for example, in the interests of public health and/or safety.
- Where immediate action is necessary, an explanation of why such action is required will be given at the time and confirmed in writing within 10 working days.
- The appeal mechanism varies depending on the type of formal action that is being carried out (see Further Information section). Advice on the appeal mechanism will be clearly set out in writing at the time the action is taken.
- If you are not happy with the appeal, you are still entitled to lodge a formal complaint. This can be done as follows:
- Complaints should be made in writing to the Trading Standards Manager.
- If you do not wish to put you complaint in writing, ask for the most senior Officer available and they will take the details and pass them to the Trading Standards Manager.
- On receipt of the complaint the Trading Standards Manager will arrange for an investigation to be carried out.
- Complaints regarding the Trading Standards Manager should be made in writing to the Head of Protective Services.
The decision reached will be conveyed in writing to the Trader within 10 working days of the complaint being made.
Further Information
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Item |
Details |
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Enforcement Policy Document |
Provides further information about North Lanarkshire Council's Trading Standards Enforcement policies and procedures. |
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Service Delivery Plan |
Published annually, it provides details of Protective Services plans for the financial year (April to March) |
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Activities Report |
Published annually (usually in August) it provides details of enforcement activities undertaken during the authority's previous financial year. |
To obtain copies of any of the publications listed above, contact the Trading Standards office nearest to you. Contact details can be found in the "Contact us" box at the right of your screen.
This leaflet is also available in Cantonese and Irdu upon request.
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