23 November 2012 – BIS consultation URN12/605 & 606
Street Trading and Pedlary Laws – the consultation process
The government department of Business Innovation & Skills BIS began consulting on Street Trading & Pedlary in 2009.
The consultation began with a report by St Chads College University of Durham 10 February 2009.
The case to amend and modernise the law of street trading & pedlary was published by BIS 6 Novermebr 2009 URN09/1074.
The government response to modernising and draft guidance was published by BIS 18 March 2011 URN11/542.
The government acknowledgment of “wrong interpretation” of the European Services Directive that resulted in the UK Provision of Services Regulation Act 2009 caused “potential victims” under Section 45 to some pedlars namely chair-menders and handicraft persons. The government remedy to this error was a cover-up that pedlar stakeholders reject. BIS have proposed “repeal” of the Pedlars Act and restrictive regulation of any pedestrian person found trading in public.
This change in policy from “amend & modernise the Pedlars Act” to “repeal the Pedlars Act” has undergone no public scrutiny and is contingent on what pedlars contend is BIS misinterpretation of the principle of the European Services Directive.
On 23 November 2013 BIS published URN12/605 to present the case for “de-regulation” of pedlary and “re-regulation” with criminal sanction that pedlar stakeholders contend infringes Article 1.5 of the Services Directive.
On 23 November 2012 BIS published URN12/606 that they consider fulfills an Impact Assessment but rejected as not fit for purpose by pedlar stakeholders.
Since November 2012 many articles have been published by pedlars at www.pedlars.info and this link takes readers to three important papers that begin 23 November with pedlars concern about BIS “change in policy“, followed by 10 February analysis of “deregulation by regulation policy” and concludes with pedlars 14 February proposed “Third Option” that BIS was asked to include in the latest URN that considered two options only – Option 1 “do nothing” without any impact assessment and Option 2 “implement BIS pre-determined agenda”.