Simple terms explainer
Local authorities can use civil enforcement as an alternative to criminal prosecution where traders breach consumer protection legislation. This allows councils to take action in the civil courts in relation to both civil and criminal breaches. Civil enforcement action may include injunctive measures to prevent further breaches, restorative requirements requiring traders to take specific steps such as improving complaint‑handling procedures or providing refunds to affected consumers, and punitive measures such as monetary penalties for breaches of consumer law or related processes. Where appropriate, Trading Standards Officers may also accept formal undertakings from traders in relation to their future conduct.
Legal status
Discretionary
Duty category
Trading Standards
Duty type
Compliance
Social determinant of health
Social and Community Context
Emerging policy and legislation
0
National bodies with shared interest
Society of Chief Officers of Trading Standards in Scotland (SCOTSS)
Competition and Markets Authority (CMA)
Standards and frameworks
0