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7 June 2012 - Pedlars Act proposed amendments PDF Print E-mail

 

Pedlars.info has amended all national legislation that impacts on pedlary and provided this to government via the Under Secretary of State for BIS Norman Lamb MP to form part of the ongoing consultation on Street Trading and Pedlary Law

The amendments to the three main Acts (with downloadable links below) are attached to a covering letter (read here) from pedlars.info that explains pedlars concerns over the u-turn in policy about pedlary. The following is a summary of the key policy elements dated 2009 and subsequently changed without consultation in 2011:

URN 09/1074 6 Nov 2009:
Executive Summary...

  • to modernise the Pedlars Act
  • standardise & clarify operations to reduce burdens
  • produce national database of pedlars
  • remove certification requirement "being of good character" and instead include consideration of applicant's trading history and previous offences
  • seek views on SD interpretation re pedlars of services no longer requiring certificates


URN11/542 March 2011:
Executive Summary...

  • joint consultation on modernising ST & P legislation
  • BIS discovers that the SD applies to retail sale of goods
  • BIS think that the SD authorisation scheme for certification is unjustified as it is too restrictive for reasons of residency & good character requirements
  • BIS believe pedlars should not be regulated under other schemes and therefore be deregulated to help free pedlars to trade across the UK
  • BIS believe ST licensing and consent is compatible but requires 2 regimes - established and temporary
  • BIS believe that LA's may find justification to limit pedlary on evidence of public safety issues
  • BIS seeks...
  • to repeal the PA under the banner of deregulation
  • to remove provisions in private & local Acts & devolved regimes that make house to house pedlars subject to street trading regimes
  • to ensure pedlar freedom & prevent regulation by an other route by amending the current exemption from street trading regulation
  • to clearly redefine a pedlar's exempted mode of trading
  • to amend ST licensing regimes to conform to the SD
  • not to broaden LA enforcement powers
  • no intention to remove additional enforcement powers already obtained by private Acts
  • to use secondary legislation
  • not to pursue guidance but will provide guidance on the changes
  • to remove right of appeal to Sect of State in CoW and LLAA and assign to magistrates
  • to include the principle developments in recent Parliamentary Hearings and to meet the terms of the Services Directive

BIS has failed to consult stakeholders over this most draconian policy u-turn to de-regulate pedlary and repeal the Pedlars Act. There are less restrictive measures available. Pedlars amendments to the Pedlars Act, the Local Government (Miscellaneous Provisions) Act and the London Local Authorities Act fulfill the terms of the Services Directive in support of the 2009 policy to preserve and amend the Pedlars Act and update the relevant national legislation on Street Trading whilst reflecting outcomes in more recent Parliamentary Select Committee Hearings.

download amendments to:

Pedlars Act

Local Government (Miscellaneous Provisions) Act & London Local Authorities Act

download covering letter from pedlars.info

download additional letter from N J McGerr to his MP and BIS minister Lamb MP

Substantive comment is invited at pedlars.info

 

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