Civil Sanctions Pilot Consultation
Open date: 05 Mar 2010
Closing date: 28 May 2010
In the Government’s Consumer White Paper “A Better Deal for Consumers: Delivering Real Help Now and Change for the Future” it was announced that Government proposes to work with the Local Better Regulation Office to test new powers as provided in the Regulatory Enforcement and Sanctions Act 2008 (the “RES Act”), and apply them to areas of consumer law enforcement.
One of the features of the RES Act is to provide a framework for regulators (enforcers) to be granted access to a range of civil sanctions by the Secretary of State as an alternative to criminal prosecution. The sanctions will be available under a range of legislation, and apply to breaches of the relevant law where criminal sanctions exist in relation to underlying criminal offences. They provide a wider, more flexible, and proportionate range of sanctions by enforcers for breaches of the law, enabling action to be taken which more closely matches the offence and the harm suffered by victims of the breach.
Purpose of consultation
In this consultation, we are not seeking views on the merits or otherwise of the RES Act or civil sanctions. This consultation relates solely to the implementation of the provisions contained in the Act through a Pilot Programme, and how that programme should be conducted.
Areas for consultation
This consultation invites views on a range of issues connected with the proposed Pilot Programme, including the elements of consumer law that should be covered in the pilot; the processes that should be followed; the maximum penalties that should be made available to enforcers; and the appeals against penalties or other requirements imposed on businesses.
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