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The European
Commission proposed a Regulation on Sales Promotions in October
2001. It achieved its First Reading in the European Parliament on 4
September 2002 but failed to achieve First Reading in Council.
In September 2005
the proposal was withdrawn by the Commission as part of its
screening of legislative proposals pending before the Legislator
(COM 2005 462 final).
  The
Commission’s Communication on the Outcome of the screening of
legislative proposals pending before the Legislator.
If you would like
to contact the team responsible for negotiations on this proposal,
please contact
spr.team@dti.gsi.gov.uk
Archive
Click here for earlier documents on this
subject.
| The
Commercial Agents Regulations 1993 |
 The
Regulations implement EC Directive (86/653/EEC) relating to
self-employed commercial agents, the aim of which was to harmonise
the laws of Member States and to strengthen the position of
commercial agents in relation to their principals.
The
Regulations lay down the minimum requirements of a contract between
an agent and principal, for example, minimum periods of notice, when
commission is due and the right to claim compensation on the
termination of the contract.
The Regulations
are available from Her Majesty's Stationery Office. 1993/3053
& 1993/3173
(click to view them on-line)
 The
DTI has published a Guidance Note on the Commercial Agents (Council
Directive) Regulations 1993, but we cannot give legal
advice or an interpretation of the Regulations. If you require
legal advice on the interpretation of the Regulations you
should seek advice from a solicitor with expertise in the field of
Commercial Agent law.
 Please
click the button to read the guide on-line. For a printed copy,
please e-mail our Commercial
Agents contact point.
Please
click the button to access our Fact Sheet and FAQ on the Estate Agents Act.
The
Act regulates the conduct of estate agents in the course of estate
agency work. It does not cover the letting of properties.
The
Act lays down the duties agents owe to clients
- such as the passing on of offers, handling money and giving
details of charges - and to third parties - such as disclosure of
personal interest.
The
Act also gives the Office of Fair Trading the power to
issue warning or prohibition notices against those persons it
considers unfit to carry on estate agency work.
The Act is
enforced by local trading standards departments and the Office of
Fair Trading. The Office of Fair Trading produces a booklet about
the Act and its regulations. For further information contact
local trading
standards departments or the
Office of Fair Trading.
Appeals under The
Estate Agents Act
Office of Fair Trading Report on Estate
Agents
The OFT
published a report on the estate agency market in England and Wales
on 23 March 2004. The report calls for more price competition in the
estate agency market; changes to the Estate Agents Act to enable
more effective enforcement of consumer protection legislation; and
for the industry to raise standards of customer service through
better and more widespread self-regulation.
The OFT Report (link to OFT web site).
The Government responded to the OFT
report on 22 July 2004 proposing a package of measures building on and
strengthening the OFT's proposals. These include:
• Consult on how the OFT’s proposals could
be brought into effect and what more could be done to strengthen
the regulation of estate agents.
• Take a power to require estate agents to
belong to any industry redress scheme approved for the purpose by
the Secretary of State.
• Work with stakeholders to develop
methods to evaluate trends in consumer detriment in the estate
agency market and the case for an industry qualification and
national quality standards for estate agents.
The Government response
and Action Plan.
Contact
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