In August 2009, the Competition Commission (CC) recommended that Government took the steps necessary to establish an effective body to monitor and enforce compliance with the groceries supply code of practice (GSCOP) and give it the power to levy penalties on retailers for non compliance with the GSCOP. Government published its response on 13 January accepting the need for an effective body to undertake this role and made a commitment to begin a consultation in February.

Purpose of consultation

The CC in its 2008 report into the supply of groceries in the UK that some large retailers are transferring excessive risk and unexpected costs to suppliers which can reduce innovation and investment in the grocery supply chain and lead to the detriment of consumers.

To address the concerns that it identified, the CC decided to establish a new code of practice (GSCOP). This Code, which entered into force on 4 February 2010, applies to all firms which are active in the sector and have annual retail groceries turnover of £1billion or more. The CC also believed that the code would only be effective if it was monitored by an independent body. The CC failed to get agreement from the grocery retailers to voluntarily set up a monitoring body and has asked Government to intervene. Government is now consulting on taking the recommendation forward.

Areas for consultation

Government accepts that GSCOP compliance needs independent monitoring and enforcement and a mechanism to hear anonymous complaints. However, there are differing views on whether Government creates a new body or whether this can sit within an existing structure. At the same time we need to consider the regulatory burden that this might impose in developing any policy proposals. This consultation is therefore seeking views on:

• What powers the body monitoring and enforcing compliance with the GSCOP should have, in addition to the body being able to hear anonymous complaints.
• Access to the body.
• Who the monitoring and enforcement body could be, including some possible options.
• Should a sanctions regime be introduced and how might it operate alongside any appeals mechanism.
• The funding of the body monitoring and enforcing compliance with the GSCOP.

This consultation is relevant to large grocery retailers with an annual turnover of £1billion in the UK and those businesses that supply large retailers with grocery produce either directly or through intermediaries. Trade associations and other non Government organisations may also have an interest.

This consultation is relevant to all stakeholders with an interest in Next Generation Access (NGA), including communications providers, network owners and consumers.

In July 2009, the Government published its Consumer White Paper “A Better Deal for Consumers: Delivering Real Help Now and Change for the Future”. One of the commitments we made in the White Paper was to consult on banning the use of bills of sale for consumer lending.

Purpose of consultation

Bills of sale are being use to support “log book” lending, namely lending using a consumer’s car as security. This practice has been the subject of relatively high levels of complaints to consumer groups and the OFT. Complaints relate to the lack of consumer protections available to people if they fall into arrears, unfair collection practices, the complex and confusing nature of the language used in agreements and the high cost of the loans. Consumers may have their assets – typically their cars – repossessed without the need for the lender to obtain a court order. Bill of sale loans may also encourage vulnerable consumers to slip even further into debt. This consultation seeks to address concerns about adverse outcomes for consumers where borrowing is secured under a bill of sale.

Areas for consultation

We want a better deal for consumers who have been using this form of subprime loan and to tackle any areas of emerging bad practice, while ensuring that any intervention is proportionate, transparent and targeted. We believe that a ban on using bills of sale for consumer lending is likely to be necessary to achieve this. We have yet to take a final decision on whether to proceed with a ban or whether alternative options would achieve a better result. We specifically seek your views on the proposals set out in this consultation document to help determine the most appropriate next steps.

In particular, the consultation seeks views on the following options:

• Whether current measures underway will provide sufficient additional consumer protection or if not, what other measures are needed;
• Whether a voluntary code of practice or self-regulation would provide sufficient additional protections for consumers;
• Whether targeted reform to bills of sale legislation would rectify the problems identified in relation to bills of sale;
• Whether a ban on the use of bills of sale for consumer lending would achieve the best outcomes for consumers while promoting an open, competitive and innovative credit market.

We also seek further evidence about the use of bill of sale loans, in particular: by the vulnerable with no access to mainstream credit; and for business purposes by the self-employed and owners of small firms.

In July 2009, the Government published its Consumer White Paper “A Better Deal for Consumers: Delivering Real Help Now and Change for the Future”. This White Paper announced that a Consumer Advocate would be appointed in 2010 to co-ordinate work to educate consumers and be a champion for groups of consumers who have suffered a loss at the hands of a business. One of the commitments we made in the White Paper was to consult on equipping the Advocate with some specific powers.

Purpose of consultation

We want your views on how the Consumer Advocate can successfully deliver real benefits to consumers. We also want to ensure that when the Consumer Advocate is equipped with new powers that he/she will have the ability to do all that we are asking. In particular that the Advocate has an effective power to obtain, as a last resort, compensation for groups of consumers through collective court actions.

Areas for consultation

The consultation seeks views on the initial role of the Consumer Advocate, for example how the Advocate can best improve consumer education and champion the provision of consumer compensation. The consultation then focuses on the key proposal that the Consumer Advocate be granted the power to take, as a last resort, collective actions on behalf of consumers.

In particular it seeks views on:

• the scope of the proposed collective action power,
• the right option in terms of the type of collective action, and
• what conditions should be met before a collective action can be taken.

Finally, the consultation seeks views on the Consumer Advocate having the power to facilitate the return of funds that have been identified as belonging to or due to UK consumers which have been secured by overseas enforcement agencies. And, it also seeks views on whether the Advocate needs to be given a specific power to tackle unfairness in consumer credit agreements.

This consultation sets out what the Post Office already offers in terms of financial services; it draws comparisons with Post Banks around the world; and it sets out the Government’s vision for Post Office banking and the values that should underpin it.

In addition, the consultation puts forward a number of proposals for new financial products that the Post Office could offer. These include:

• A Post Office current account
• A Children’s Savings account to encourage saving at the Post Office from an early age
• New services for small businesses including a Post Office business account
• A weekly budgeting account to allow those on low incomes to take advantage of direct debits and reduced bills

Visit the Post Office Banking consultation website

There is some evidence that companies may incorrectly use, as their registered office address, the address of another business or private individual with whom they have no connection. While it appears that the scale of the problem is small, the impact on an individual or business who finds that their address is being misused can be significant and distressing.

Purpose of consultation

This consultation seeks your views on whether and how we should change the law to reduce the risk of companies incorrectly using the addresses of other businesses or private individuals as their registered office address and sets out a process for third parties to challenge the information on the register.

Comments and questions

If you want to discuss policy issues raised in the consultation, please contact:

Julie Ford
Department of Business, Innovation and Skills
Corporate Law and Governance
Bay 564
1 Victoria Street
London SW1H 0ET

Tel: 020 7215 2162
Fax: 020 7215 0235
Email: julie.ford@bis.gov.uk

This Consultation invites comments on the options for simplifying the arrangements for the provision of information to shareholders, creditors, the audit and accounting authorities and Companies House when auditors leave office.

Background to consultation

The present arrangements are a combination of measures put in place under the successive Companies Acts to provide information to shareholders and Companies House, and measures introduced in 2006 to meet the requirements of the EU Audit Directive for the provision of similar information to the audit regulatory bodies.

In the Government’s view, after 18 months of operation of the current system, the arrangements may be more complex than necessary and are potentially duplicatory. This document identifies areas for possible simplification and streamlining while still meeting the UK’s obligations under the Directive and the underlying policy goals.

Questions and comments

If you want to discuss policy issues raised in the consultation, please contact Paul Smith at the contact details above.

Email: pauld.smith@bis.gsi.gov.uk
Tel: 020 7215 4164

The last tranche of provisions of the Companies Act 2006 was commenced on 1 October 2009. Among the changes introduced then was a new “statement of capital” – a snapshot of a company’s share capital that must be produced at various stages in a company’s life-cycle, including each year in its annual return.

In the summer of 2009, it became clear that for certain companies, it could be difficult to comply with one of the requirements of the Act for financial information in the statement of capital. We published an FAQ on our website acknowledging the problem, and undertaking to consider and consult on how to resolve it.

Purpose of consultation

This consultation sets out proposals for amending the requirements that balance the interest of third parties in obtaining information with the cost to the company of supplying it.

The purpose of the consultation is to seek input on whether our assessments of the availability and value of information are accurate, and on our proposed options for changes in the information to be required.

Questions and comments

If you want to discuss policy issues raised in the consultation, please contact:

Richard Grafen
Department for Business, Innovation and Skills
Corporate Law and Governance Directorate
Tel: 020 7215 5323
Email: richard.grafen@bis.gsi.gov.uk

The Department for Business, Innovation and Skills (BIS) is seeking views on draft Regulations to implement the Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings or Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast), commonly known as the recast European Works Council (EWC) Directive. Member States have until 5 June 2011 to implement.

The Directive was heavily informed by input form the European Social Partners and represents a carefully balanced compromise between the interests of employees and business.

The Government intends to implement the Directive in such a way that this balance is retained.

Purpose of consultation

This consultation sets out the Government’s proposed approach to implementation. It includes draft Regulations on which it seeks comments.

Areas for consultation

Amongst other things, this consultation is seeking views on the Government’s proposed approach to:

• Exempted EWC agreements
• The adaptation of existing EWC agreements following company restructuring
• Definitions of ‘information’ and ‘consultation’
• The provisions of the ‘means required’ to allow the EWC to apply its rights stemming from the Directive.

The Guidelines on Scientific Analysis in Policy Making provide a high-level framework for addressing the way in which government departments obtain and use science and engineering advice. In October 2009, the government response to “Putting science and engineering at the heart of government policy” was published. One of the commitments made in the response was to update the Guidelines on Scientific Analysis in Policy-Making.

Purpose of consultation

This is a consultation by the Government Chief Scientific Adviser which seeks views on the update of the Government Chief Scientific Adviser’s Guidelines on scientific analysis in policy making.

The Guidelines were last revised in October 2005. This updating allows for developments in policy making best practice to be reflected.

Update to consultation

On 15 December 2009, the Government published the Principles of scientific advice to government. The purpose of the high level Principles is to ensure continued effective engagement between the Government and those who provide independent science and engineering advice. They cover three key areas: trust and respect; independence; and transparency and openness.

Areas for consultation

This consultation seeks views on the update of the Guidelines on scientific analysis in policy making. Views on the Principles of scientific advice to Government are also welcomed.

The Government has been informed that test houses are using a test cover fabric for testing the flammability compliance of furniture fillings that does not fully meet the specification in the Regulations. The specified fabric is not currently available.

Purpose of consultation

The Government is consulting on the case for amending the specification in the Regulations to allow for available test cover fabrics to be used, while continuing to fully maintain the high levels of fire safety required by the Regulations.

Areas for consultation

The views of stakeholders are being sought on

• the necessary level of detail of the proposed specification
• whether the proposed specification will meet the requirements of the Regulations
• the purposes of the specified test cover fabric
• any savings or costs that the Government has not taken into account in making this amendment

In 2008 the Government commissioned Durham University to look at the way that licensing and enforcement practices were applied. On publication of the research in 2009, the Consumer Minister announced that the Government will launch a full public consultation on national guidance and options for possible legislative change to street trading and pedlary laws.

Purpose of consultation

The UK and Scottish Governments are consulting on the case for amending and modernising the law as it applies to the control of street trading and the certification of pedlars. We are also seeking stakeholder views on the draft guidance for pedlars, street traders and enforcers in England and Wales has been produced on the current regime.

Areas for consultation

The views of the public are being sought on options to

• Ways of making the street trading and pedlary regulatory regime more proportionate and effective.
• Providing local authorities with additional enforcement options in respect of illegal street trading.
• Updating the Pedlars Act 1871 to modernise the certification scheme and the definition of a pedlar, .
• Consider introducing a means by which, local authorities might exert proportionate limits on certified pedlar activity in designated areas.
• Options for revoking the Pedlars Acts and providing for adequate regulation of itinerant traders within the street trading regime.
• Draft guidance on the application of the current regime in England and Wales for enforcement officers, street traders and pedlars looking at what constitutes acceptable street trading and pedlary practice.

The main aims of the consultation process in the UK is to collect the views of UK stakeholders on the priority areas for an update of the OECD Guidelines for multinational enterprises based on (but not limited to) the potential terms of reference listed in this document. This should assist the UK Government in identifying options for possible technical or more substantive updates of the text of the OECD Guidelines and Commentaries leading to the UK Government developing a position on the update of the Guidelines.

Stakeholders are therefore invited to provide comments by 25 January 2010, however, views received by 30 November 2009 would be particularly valuable in view of the next OECD meeting in early December. This meeting represents a major opportunity for the UK to influence the terms of reference of the update.

To ensure the consultation is as effective as possible, a UK NCP stakeholder event has been arranged on 9 November 2009, where we will also gather stakeholder views.

Areas for consultation

We are looking at five areas:

• Allocation of payments – lower interest debts being paid off first
• Minimum payments – minimum payments only covering interest, not capital
• Unsolicited credit limit increases – card limits going up without your consent
• Re-pricing of existing debt – increased interest rates without proper explanation
• Simplicity and transparency – making the costs of using a card simpler to understand and easier to compare alternatives

Visit the Credit and Store Card Consultation website

This consultation seeks views on whether the maximum penalty should be increased, and if so whether the new maximum should be £250,000, £500,000, £1 million or £2 million.

Background to consultation

Ofcom published on 10 September 2008 a revised statement of policy on the persistent misuse of an electronic communications network or service. The statement includes examples of behaviour which may lead Ofcom to take enforcement action. The previous penalty of £5,000 was increased to £50,000 in April 2006.

Ofcom has asked the Government to increase the maximum penalty, recommending that it be raised from £50,000 to £2 million. The Government believes in strengthing consumer protection whenever possible and feels on balance that an increase would be beneficial, despite Ofcoms’ research seeming to indicate that the general level of silent calls may be decreasing.

Ofcom considers that the current maximum penalty is not a high enough figure to represent a real sanction or an effective deterrent to companies that continue to persistently misuse networks or services by making silent and abandoned calls.

The Government set out its objectives for mobile broadband in its Digital Britain report. An Independent Spectrum Broker was appointed and he has presented a set of proposals to enable the release of additional spectrum into the UK market. The Government sees the Independent Spectrum Broker’s proposals as a sound platform for further consultation and intends to Direct Ofcom to implement them.

Purpose of consultation

The Government has the power to Direct Ofcom, subject to approval from Parliament, but is required to consult on any Direction by statute. This consultation document therefore seeks views on the proposed Direction to Ofcom.

Following a query from a respondent, whilst we are not aware that others are in any doubt, we confirm that responses on all the proposals in the consultation document are welcome and will be taken into account when the Secretary of State considers his decision on the contents of a direction to Ofcom.

Supplement to consultation

This document (PDF, 71KB) is supplementary to the consultation document, published by the Department on 16 October 2009.

The Consultation Document set out various directions which the Secretary of State proposes to give to Ofcom in accordance with his power to give directions under section 5 of the Wireless Telegraphy Act 2006. The directions proposed were set out at Annex G to that Consultation Document.

Since that consultation was commenced, one organisation that has received the Consultation Document has raised two matters concerning the contents of that document. So that the position is beyond any doubt, this Supplementary Document deals with each of them.

Please note that the Secretary of State has now extended the time within which all responses to this consultation exercise need to be received. The deadline for responses is now 5pm on Friday 5 February 2010.

Questions or comments

If you want to discuss policy issues raised in the consultation, please contact Mark Swarbrick either by email or on 020 7215 2900.

All workers in the UK benefit from a range of basic workplace rights and protections such as the national minimum wage, the right not to have to work more than 48 hours a week on average, and special rules governing the conduct of employment agencies. The Government is committed to effective enforcement of these rights to protect vulnerable workers, and ensure a level playing field for reputable businesses.

Enforcement responsibilities are divided between a number of departments and agencies. HM Revenue and Customs, for example, enforces the National Minimum Wage; HSE and local authorities enforce working time regulations; and BIS’s Employment Agency Standards inspectorate enforces employment agency regulation.

The Government’s Vulnerable Worker Enforcement Forum, which reported last year, looked at the effectiveness of these enforcement arrangements and highlighted the need for closer collaboration between the enforcement bodies concerned. It found, however, that legal barriers exist which impede the extent to these bodies can share information, and which stand in the way of more targeted and cost-effective enforcement activity.

The Government made a commitment to addressing these barriers as soon as legislative time permits.

Purpose of consultation

This consultation seeks views on proposals for a Legislative Reform Order (LRO) to put in place a limited number of information-sharing gateways between the bodies responsible for enforcing workplace rights. The LRO will do this by amending the Employment Agencies Act 1973, the National Minimum Wage Act 1998, the Working Time Regulations 1998 and the Agricultural Wages Act.

We are seeking views on a number of issues, including:

• The strength of the case for creating new information-sharing gateways; and
• Whether the proposals meet the special pre-conditions for an LRO

The Department for Business, Innovation and Skills is seeking views on the implementation of the Directive on the placing on the market of pyrotechnic article – Directive 2007/23/EC – which is referred to in this consultation document as the “Pyrotechnics Directive” (the Directive). Member States have until 4 January 2010 to make and publish their implementations, which in the UK will be by making regulations.

The Directive aims to harmonise safety standards for pyrotechnics across the EU, but permits Member States to retain existing national prohibitions and restrictions on particular categories of fireworks. We propose to implement using secondary legislation in the form of the attached draft Regulations, the Pyrotechnic Articles (Safety) Regulations 2009 which will replace the Fireworks Safety Regulations 1997 as amended.

Purpose of consultation

Our proposals reflect discussions held with certain stakeholders. We have sought to identify key concerns and the issues that will need to be addressed. The consultation on the draft Regulations, invites views on the draft itself and also what practical advice users would welcome in the guidance which will accompany the Regulations.

Areas for consultation

In particular, we are seeking views on the retention of the existing age limits for the purchase of fireworks and on the definitions of persons with specialist knowledge.

The UK’s civil space strategy supports the Government’s aims of achieving excellence in science, supporting industry in key areas of wealth creation and encouraging innovation. The UK’s objectives in civil space are set out in the strategy published on the BNSC website in February 2008. The 2008-11 spending plans to support the space strategy were set out in the Government-wide 2007 Comprehensive Spending Review (CSR).

In the current economic climate it is important to show how the UK’s support for research and innovation is of major importance to the UK economic growth and social infrastructure. Space is demonstrating a clear added value in this way across the economy as a whole. It is making a significant contribution in our scientific understanding of the universe, our ability to manage and understand the climate and environment of our planet, to defence, and to economic services and products. Underpinning this is a leading edge technological and engineering capability in both industry and academia.

Purpose of consultation

It is in this context that BIS is launching a formal consultation on how UK civil space activities can best be funded and managed in order to deliver value for money and maximise the economic benefits of these activities. This consultation is without prejudice to any future spending decisions.

Your views are welcome on any or all of the issues detailed in the consultation document.

Areas for consultation

The primary issue the Government is seeking a response on is whether the current partnership remains the appropriate structure or should the partnership be replaced by an alternative structure, taking into account the high-level principles set out in the consultation document.

This document sets out our joint policy proposals and timetable for implementation of the new offshore transmission regime. This consultation also sets out the final proposed changes to the various codes and licence conditions to implement the proposals.

These have been developed in the light of the views expressed by respondents to the November 2008 Regulatory Policy Update and other engagement with stakeholders.

The European Commission published the proposal to amend the Pregnant Workers Directive in October 2008. The Directive sets down minimum levels of maternity rights, including leave and pay, which Member States must provide. The Commission’s aim is to contribute to better work life balance through improving the protections offered to pregnant workers and workers who have recently given birth or are breastfeeding.

As part of its policies to support working parents, the UK Government has built on the minimum standards set out in the existing Directive and provides a longer period of maternity leave and a higher rate of maternity pay than is currently required.

We welcome your views on the Commission’s proposal to change the minimum standards set out in the Directive, including the likely costs and benefits. Your views will inform the UK Government’s ongoing negotiations which will take account of existing UK provisions.