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The Government ran a formal public consultation on its plans for implementing the Services Directive in 2007/08 and published its official response to that consultation in June 2008. Areas where the Government’s policy is now different from that stated in the response document, or where substantial extra clarity has emerged to add to those statements, are summarised below. This information is cross-referenced against the question numbers from the consultation. Where there is bearing on the Services Regulations this is clearly stated.
Service providers will be able to monitor progress of their applications on the PSC. (Q4)
We will be building the PSC on Business Link. (Q5)
There will be some support from day one, as yet unspecified. (Q11)
The PSC will be free of charge to business users for its core functions. (Q14)
There will be one PSC to cover the whole UK. (Q16)
The Government will fund the establishment of the PSC. (Q17)
An updated list of competent authorities in scope of the Directive is available. (Q22)
The Services Regulations do not extend the powers of Competent Authorities to allow them to regulate UK service providers operating temporarily overseas, as it is not clear to which areas of legislation this should apply. We will look at extending regulatory powers once a common approach has been agreed with other Member States (Q23,24)
We had previously stated that the use of IMI as a tool for facilitating administrative co-operation with authorities in other Member States would be optional for competent authorities in the UK. The Government now requires that competent authorities must use the IMI system when sending alerts and to respond to mutual assistance requests that arrive through the IMI system. IMI must also be used when sending information requests, except where different arrangements have already been agreed with the other authority. This is covered in regulation 40(4) of the Services Regulations. (Q31)
An individual IMI co-ordinator for the UK will be based in BERR. (Q32)
An updated list of competent authorities in scope of the Directive is available. (Q22)
The Services Regulations do not extend the powers of Competent Authorities to allow them to regulate UK service providers operating temporarily overseas, as it is not clear to which areas of legislation this should apply. We will look at extending regulatory powers once a common approach has been agreed with other Member States (Q23,24)
We had previously stated that the use of IMI as a tool for facilitating administrative co-operation with authorities in other Member States would be optional for competent authorities in the UK. The Government now requires that competent authorities must use the IMI system when sending alerts and to respond to mutual assistance requests that arrive through the IMI system. IMI must also be used when sending information requests, except where different arrangements have already been agreed with the other authority. This is covered in regulation 40(4) of the Services Regulations. (Q31)
An individual IMI co-ordinator for the UK will be based in BERR. (Q32)
We will confirm who is to provide the ‘consumer portal’ in the summer, which will be for service recipients who are consumers. Service recipients who are businesses will be covered through the PSC / Business Link. (Q35)
We will not be introducing the concept of ‘reasonableness’ to the regulations as regards the ‘shortest possible time’ in which providers must respond to complaints. The regulations require that providers respond as quickly as possible, thus reflecting the requirements of the Directive. (Q39)
The Services Directive will be placed under Part 8 of the Enterprise Act 2002 to allow for enforcement where offences breaching the Services Regulations harm the collective interests of consumers (see regulation 46 of the Services Regulations). The Government will not be introducing a new system for breaches involving B2B cases. (Q40)
We now believe that Article 26.2 is fulfilled through existing information. We will not therefore be creating a website to bring together information on quality marks and labels, nor imposing a requirement in legislation on competent authorities to supply such information. (Q43, 44)
Information on compliance with Articles 24 (commercial communications) and 25 (multidisciplinary activities) forms part of the Government’s overall communications strategy for competent authorities. (Q48, 49)
The alcohol licensing regime is in fact caught by the Services Directive, as premises licences and Temporary Events Notices cover entertainment as well as the sale of alcohol, and therefore go wider than the sale of goods. DCMS are exploring what changes are necessary to ensure the application process complies with the Directive. (Q55)
The Services Directive will necessitate one change to the Insolvency Act in relation to fees, while any other changes to that Act are still viewed to arise as a result of the Mutual Recognition of Professional Qualifications Directive. (Q56)
The Government is now persuaded that hallmarking is not in scope of the Directive, on the grounds that it relates to the exercise of official authority. (Q57-60)
Changes being brought forward to legislation as a result of the screening exercise and which are known at the time of publication are highlighted in the Transposition Note (see Legislation page).
