Agenda and minutes

Forward Plan Ref: 2013/008

Contact: Richard Webb, Trading Standards & Community Safety Manager Tel: (01865) 815791

Report by Director for Social & Community Services (CMDSSC4).

The Trading Standards Service has undertaken a review of its business advice and support services.

The Service currently offers free advice on regulatory matters to all Oxfordshire based businesses. This is not a statutory function. Taking account of recent changes to the regulatory environment, and the new services that can be offered to businesses, it is necessary to review the approach taken by the Service.

In 2008 the Regulatory Enforcement and Sanctions Act introduced a scheme which enables businesses to receive enhanced support from regulatory services. This enhanced support is provided within a scheme called Primary Authority Partnerships. Primary Authority was introduced to address businesses' concerns about how local authorities adopt different approaches to applying and interpreting legislation which can result in wasted resources and duplicated efforts, and the lack of effective dispute resolution when local authorities disagree on the interpretation of the law. The scheme gives businesses the right to form a statutory partnership with one local authority, which then provides robust and reliable advice to the business and which other authorities have to take into account when carrying out inspections or dealing with non-compliance. Currently 92 local authorities are engaged in such partnerships.

There are a range of potential benefits for business under the Primary Authority scheme. A local authority may charge for services provided under Primary Authority Partnerships in order to recover the cost of the services provided.

Primary Authority Partnerships are not compulsory and would not be of benefit to many businesses, particularly smaller businesses. Therefore, for those businesses that do not wish to enter into a Primary Authority Partnerships, alternative advice and support services should be provided.

The report seeks approval for a new approach to Primary Authority Partnerships and for  a new framework for charging for some business advice and support services.

The Cabinet Member for Safer and Stronger Communities is RECOMMENDED to agree that:

(a)  the Trading Standards Service actively promotes and encourages Oxfordshire businesses to enter into Primary Authority Partnerships on a cost recovery basis;

(b) the Trading Standards Service will consider approaches from businesses outside of Oxfordshire for Primary Authority Partnerships on a cost recovery basis; and

(c)  for those businesses not wanting to enter into a Primary Authority Partnership, the Trading Standards Service adopts a policy of charging Oxfordshire businesses for Trading Standards business law advice on an hourly basis as set out in this report. Basic advice and advice to start-up businesses will continue to be provided free of charge.

(a)  the Trading Standards Service will actively promote and encourage Oxfordshire businesses to enter into Primary Authority Partnerships on a cost recovery basis;

(b)  the Trading Standards Service will consider approaches from businesses outside of Oxfordshire for Primary Authority Partnerships on a cost recovery basis;

(c)  for those businesses not wanting to enter into a Primary Authority Partnership, the Trading Standards Service adopts a policy of charging Oxfordshire businesses for Trading Standards business law advice on an hourly basis as set out in this report. Basic advice and advice to start-up businesses will continue to be provided free of charge; and

(d)  an annual update be given to the Cabinet Member for Safer & Stronger Communities on progress with regard to the implementation of the Trading Standards Service Policy for the Provision of Business Advice and Support Services.