27 January 2013 – Third Option
Following BIS publication of URN 12/605 & 606 pedlar stakeholders revised their earlier draft legislative proposals June 2012 in recognition that BIS has no remit to alter local Acts.
These Third Option draft proposals therefore amend the national Pedlars Act in keeping with BIS policy to amend the Pedlars Act and remain consistent with the European Services Directive. The Third Option was submitted to BIS on 27 January 2013 as follows:
From: Pedlars Admin pedlars.admin@gmail.com
Subject: Third Option
Date: 27 January 2013 18:34:14 GMT
To: Onikosi Rachel (CCP) rachel.onikosi@bis.gsi.gov.uk
Rachel
Third Option
Pedlars look forward to an early response to points and questions listed in their Briefing Papers.
BIS has not made public the case for repeal of the Pedlars Act and as a result pedlars as members of the public await the full legal, administrative, practical and moral justification required by the European Convention.
In the meantime “Third Option” amendments referred to in the Briefing Papers have been modified and are herewith attached as an update to what you received in June 2012.
The Third Option provides a national solution to the only Local Authority issue raised in Parliament and identified by HL Paper 242.
This option clarifies judicial interpretation regarding pedlary exemption in street trading law arising through private Act legislation since 1999 and also satisfies full compliance with the EU Services Directive as well as the need for a comprehensive national form of street trading regulation.
Pedlars offer these amendments in good faith, in confidence (unpublished on-line) and trust that your office will inform the Secretary of State without delay.
These amendments can be considered as a draft prior to substantive legislation and with further consideration given in discussion with the Secretary of State.
Pedlars representatives are prepared to meet with the Secretary of State in confidence and in the presence of ministers and legal counsel.
Pedlars understand that Jo Swinson, Bernadette Kelly and Philippa Lloyd all have portfolio recommendations to offer and pedlars are ready to liaise with them about the essential principle at issue.
Pedlars urge BIS to make full disclosure to the public of the necessity for the “Third Option” solution to an emerging constitutional crisis.
sincerely
Robert Campbell-Lloyd
administrator at pedlars.info
ps As an example of how this concern is widespread among the public here is yet another unsolicited email received at pedlars.info today:
Hi i started my business from humble beginnings as a pedlar. I was hassled a lot by councils and police alike nothing seems to change. however I have been lucky enough to move on but would like to give someone else a chance to work as a pedlar. I would like to know if the proposed legislation is going to make it impossible to carry out the business and if it is likely to be put into practice. It seems absurd to anyone with even a hint of common sense. look forward to your reply regards Stuart
24 January 2013
Dear Mr Campbell Lloyd,
Re: Views raised by Pedlars regarding the BIS proposals to repeal the Pedlars Acts and make changes to the street trading regime
Thank you for your email of 21 January 2013 in response to my letter dated 17 January regarding a meeting to hear the views of pedlars. I understand your position and I hope that we can reschedule. We are preparing a written response to the points and questions in your recent briefing note and will send this you as soon as possible.
Although the consultation officially closes on Friday 15 February we are happy to extend the deadline for responses for two weeks to allow you to consider our written response and, if pedlars wish, to have a meeting with us.
Yours Sincerely,
Rachel Onikosi
Consumers and Markets team