NOVEMBER 2015
Candidates answering the questions from the Scottish or Welsh law viewpoint:
Please ensure that you write ‘Scottish’ or ‘Welsh’ on the front of your
examination booklet.
The examiners may expect candidates to show knowledge of legislation which
is in place but not in force - i.e. has been enacted - and regulations which have
been made but are not yet in force, if they are directly relevant to the subjectmatter of the examination.
There are three sections to the examination paper:
Section A
Consists of five questions.
Candidates should attempt to answer all questions.
Total allocation of marks is 25 marks.
Suggested time allocation is 45 minutes.
Section B
Consists of two questions.
Candidates should attempt to answer one question.
Total allocation of marks is 25 marks.
Suggested time allocation is 45 minutes.
Section C
Consists of three questions.
Candidates should attempt to answer two questions.
Total allocation of marks is 50 marks.
Suggested time allocation is 90 minutes.
Total time allowed – three hours (plus ten minutes reading time).
The FAIR TRADING CIVIL paper is a closed book; no materials are permitted to
be taken into the examination room.
The examination paper has six pages, including this front sheet.
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Section A
Candidates should attempt to answer all questions total of 25 marks.
1.
Some businesses want to avoid falling within The Package Travel, Package Holidays and
Package Tours Regulations 1992 because of their liability when things go wrong.
How does Regulation 15 make the other party to the contract liable for the proper
performance of the contract when the consumer is on holiday? Use examples to illustrate
how this will operate in practice.
(5 marks)
2.
Regulations 5 to 7 of The Consumer Protection from Unfair Trading Regulations 2008
prohibit commercial practices which are misleading (whether by action or omission) or are
aggressive which cause, or are likely to cause, the average consumer to take a different
decision.
Using examples, briefly explain what is meant by a misleading action or omission and the
concept of ‘the average consumer’.
(5 marks)
3.
Section 225 of the Enterprise Act 2002 has now been replaced by Part 3 Schedule 4 of the
Consumer Rights Act 2015. This enables an ‘EU enforcer’ to send a written notice to a
person requesting the information specified in the notice.
Using examples, explain the purposes of this notice and the procedure that applies to
notices given when carrying out an investigation under the Enterprise Act investigation.
(5 marks)
4.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
2013 define an ‘on-premises contract’ as a contract which is neither a distance contract nor
an off-premises contract.
How do the Consumer Contract Regulations define distance and off-premises contracts?
Give practical examples for each type.
(5 marks)
5.
Part III of the Hire Purchase Act 1964 provides protection for the purchasers of motor
vehicles which remain the subject of hire-purchase or conditional sales agreements.
Using examples, briefly explain the nature of this protection.
(5 marks)
Section A total of 25 marks.
End of Section A.
2
Section B
Candidates should attempt to answer one from two questions total of 25 marks.
6.
“Regulators exist primarily to protect people or achieve other social or environmental
outcomes. The growth duty serves to remove uncertainty about whether regulators are
able to respond to economic concerns. It clarifies that growth is an important factor to be
taken into account in the delivery of protections.”
Better Regulation Delivery Office: Draft Guidance: Non-economic Regulators:
Duty to Have Regard to Growth
Regulators have attracted criticism, in recent times, that enforcing the law can impose
unnecessary burdens on businesses, stifling business growth. Economic growth is now
both a national and local government priority.
Discuss how these seemingly conflicting priorities, of enforcing the law and encouraging
business growth, are being addressed by Government and the Regulators.
(25 marks)
7.
Critically evaluate the circumstances whereby Part 8 of the Enterprise Act 2002, and the
new ‘enhanced measures’ added to Part 8 by Schedule 7 of the Consumer Rights Act
2015, might be considered to be the most appropriate, and effective, course of action for
enforcers to secure business compliance.
Include practical examples of how these new measures might be used.
(25 marks)
Section B total of 25 marks.
End of Section B.
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Section C
Candidates should attempt to answer two from three questions total of 50 marks.
8.
You have received an enquiry from Fred Fortune, a local entrepreneur, who is thinking
about starting a business buying accident-damaged motor vehicles, repairing them and
selling them on to consumers. He plans to buy from Bangor Bob’s Limited, a salvage
company which sells “damage repairable and stolen recoverable cars and vans”. Bob
says that they get their stock from major insurance companies to sell on for “repair or
spares”.
Fred tells you that he is new to the car trade and doesn’t want to breach any Trading
Standards’ laws. He also asks how the sale and supply of goods and services legislation,
and the law relating to unfair contract terms, might apply to his business, and how the law
might protect him as well as his customers. In addition, Fred asks for a brief overview of
the other Trading Standards laws with which he will need to comply.
Using examples, provide Fred with guidance on the relevant fair trading law sufficient for
him to understand his rights as a business, and his legal obligations and responsibilities to
those to whom he might sell.
(25 marks)
Section C is continued over the page.
4
9.
You have identified a significant number of complaints about a trader named Jolly Badley,
trading as Jolly Badley Double Glazing, based in your area.
Jolly is advertising weekly in the local newspaper. You have received complaints that, for
the last six weeks, the advert has been offering “half price double glazed windows and
hurry offer ends this week”.
You have also been receiving complaints from Jolly’s customers:
 about poor quality or defective double glazed windows; and
 making allegations that the glass supplied is not energy efficient Glass, as
described.
Furthermore, many customers have been left with unfinished or poorly fitted
conservatories.
You plan to carry out an investigation, under the Enterprise Act 2002, You prepare for a
meeting with Jolly, to explain the possible legal breaches and to obtain assurances that
further breaches will stop, so as to secure Jolly’s future compliance.
Provide an overview of your intended investigation, and the likely breaches that might have
occurred.
Identify the steps that you would take, including an explanation of any 'enhanced
measures' that you might use for the benefit of Jolly’s existing and future customers.
(25 marks)
Section C is continued over the page.
5
10.
You are a Trading Standards Officer employed by Blankshire Council. William Walker
telephones you to ask for some help. He has heard that the Consumer Rights Act 2015 will
affect his online business, selling apps to hikers and bird watchers. The apps allow
enthusiasts to plan their routes, log their progress, and store photos of what they see and
birds that they have spotted.
William has told you that he has read in a trade journal that what he is supplying will be
classed as digital content and he will be responsible if anything goes wrong with it. You
also realise, as you speak with William, that he does not give consumers who purchase
apps from him any right to cancel.
Write a letter to William, setting out his duties under The Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 and explaining how Parts 1 & 2 of
the Consumer Rights Act 2015 will affect him.
(25 marks)
Section C total of 50 marks.
END OF EXAMINATION PAPER.
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