Comments on: Trading standards and the Enterprise Act http://heatherbrooke.org/2006/a-lack-of-enterprise/ Heather Brooke is an award-winning writer, journalist and activist Wed, 08 Sep 2010 21:08:24 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Natalia http://heatherbrooke.org/2006/a-lack-of-enterprise/comment-page-1/#comment-972 Natalia Wed, 23 Aug 2006 13:33:15 +0000 http://www.yrtk.org/2006/a-lack-of-enterprise/#comment-972 Does anyone know the position on whether a company can issue a "warrant of disclosure" on another business, if it has suspicion to believe this company is behaving illegally? Does anyone know the position on whether a company can issue a “warrant of disclosure” on another business, if it has suspicion to believe this company is behaving illegally?

]]> By: A TSO http://heatherbrooke.org/2006/a-lack-of-enterprise/comment-page-1/#comment-971 A TSO Wed, 12 Jul 2006 11:12:18 +0000 http://www.yrtk.org/2006/a-lack-of-enterprise/#comment-971 As far as I can see, the Company Law Reform Bill only relaxes Part 9 to allow the release of information for the purposes of actions in the Civil Courts. The Intellectual property industry has had a role in driving that through, because TS felt that they could not release details of seizures or actons under the criminal part of the Trade Marks Act so that the TM holders could take civil action. As far as I can see, the Company Law Reform Bill only relaxes Part 9 to allow the release of information for the purposes of actions in the Civil Courts.
The Intellectual property industry has had a role in driving that through, because TS felt that they could not release details of seizures or actons under the criminal part of the Trade Marks Act so that the TM holders could take civil action.

]]> By: A TSO http://heatherbrooke.org/2006/a-lack-of-enterprise/comment-page-1/#comment-970 A TSO Tue, 11 Jul 2006 15:48:24 +0000 http://www.yrtk.org/2006/a-lack-of-enterprise/#comment-970 You are also likely to be harangued by the business sector if they think their dirty washing is going to appear in public. At the moment you have the Scottish Information Commissioner saying one thing and the DTI (one of Trading Standards controlling bodies) saying the other. Scottish law is different and no English TSD is going to risk revealing information unless there is a clear statement as to the legal position (especially as it is the individual officer who would be prosecuted (and probably sued by the business, not the Authority You are also likely to be harangued by the business sector if they think their dirty washing is going to appear in public.

At the moment you have the Scottish Information Commissioner saying one thing and the DTI (one of Trading Standards controlling bodies) saying the other.

Scottish law is different and no English TSD is going to risk revealing information unless there is a clear statement
as to the legal position (especially as it is the individual officer who would be prosecuted (and probably sued by the business, not the Authority

]]> By: heather http://heatherbrooke.org/2006/a-lack-of-enterprise/comment-page-1/#comment-969 heather Fri, 23 Jun 2006 17:42:36 +0000 http://www.yrtk.org/2006/a-lack-of-enterprise/#comment-969 Thanks for that. I'll take a look. There certainly ought to be an element of public interest in the community obligation. But I take your point that there is little importance placed on the right of the public to information at the European level. Any lawyers out there who would like to wade in? Thanks for that. I’ll take a look.
There certainly ought to be an element of public interest in the community obligation. But I take your point that there is little importance placed on the right of the public to information at the European level.

Any lawyers out there who would like to wade in?

]]> By: Nick Evans http://heatherbrooke.org/2006/a-lack-of-enterprise/comment-page-1/#comment-968 Nick Evans Wed, 31 May 2006 14:36:39 +0000 http://www.yrtk.org/2006/a-lack-of-enterprise/#comment-968 Heather, I'm not sure if you've taken legal advice on the meaning of s.240 of that Act, but "Community obligation" isn't really the same thing as "public interest". A Community obligation is an obligation under any of the treaties that establish the European Community, including all the European Directives and Regulations. This is set out in Schedule 1 to the European Communities Act 1972, which is one of the few pre-1991 Acts that is freely available on-line: http://www.opsi.gov.uk/acts/acts1972/20068--d.htm#sch1 So you'd need to point to an EC obligation requiring disclosure. The data protection and environmental information regimes are your best bet here. Heather, I’m not sure if you’ve taken legal advice on the meaning of s.240 of that Act, but “Community obligation” isn’t really the same thing as “public interest”. A Community obligation is an obligation under any of the treaties that establish the European Community, including all the European Directives and Regulations. This is set out in Schedule 1 to the European Communities Act 1972, which is one of the few pre-1991 Acts that is freely available on-line: http://www.opsi.gov.uk/acts/acts1972/20068–d.htm#sch1

So you’d need to point to an EC obligation requiring disclosure. The data protection and environmental information regimes are your best bet here.

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