Breaching a Code of Practice - is it a criminal offence?

[theghost]

I have created this new thread as I was told the discussion on it was detracting from another thread.

 

So the question is, is it a criminal offence to not comply with a code of practice?

 

This is an important question, because a code of practice, such as the CSAs is quite onerous and therefore it would be quite easy to commit criminal offences.

 

The relevant legislation quoted on here is the Consumer Protection from Unfair Trading Regulations 2008 which I think people have misunderstood.

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

 

(3) A commercial practice satisfies the conditions of this paragraph if—

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i)the trader indicates in a commercial practice that he is bound by that code of conduct, and

(ii)the commitment is firm and capable of being verified and is not aspirational,

 

So by not comply with the requirements of Regulation 5 you will be breaching the Regulations. But is a breach an offence? The answer is no. This is made quite clear in Regulation 9 which makes everything in regulation 5 an offence apart from regulation 5 3 b.

 

9. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

 

[BankFodder]

And enforceable only by the OFT - if they can be bothered - which they mainly can't.

[theghost]

It can be enforced by TS. The vast majority of enforcement work is done by TS.

 

You can view all civil and criminal enforcement action taken by the OFT and TS on the OFTs website - haven't found one against a DCA yet though. The number the OFT do pales compared TS in general.

[42man]

If not an offence then still an 'unfair practice' and contra to the CPUTR2008 (otherwise they wouldn't have included it)

9. A trader is guilty of an offence if he engages in a commercial practice which is a misleading action under regulation 5 otherwise than by reason of the commercial practice satisfying the condition in regulation 5(3)(b).

[42man]

Or should I say a 'misleading action'

[42man]

This has been used in a county court and went unchallenged by the opposing solicitor.....but I suspect only because she hadn't seen (9)

 

5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3).

 

(3) A commercial practice satisfies the conditions of this paragraph if—

(b)it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if—

(i)the trader indicates in a commercial practice that he is bound by that code of conduct, and

(ii)the commitment is firm and capable of being verified and is not aspirational,

[fightingback99]

Ghost,

 

I don't post a lot , but read a lot of threads, and notice that you keep popping up in various threads in what I could say is a devils advocate stance. Having lots of spare time and a very boring life I've taken the time to read through just about every post you've made and tbh, you don't seem to offer/add much in the way of help or advice to anyone.

 

In some you could occasionally even be seen to be morally biased or judgemental. On the rare occasion when you occasionally agree with an experienced poster's comment, you appear to do it in a schoolteacher manner as if you've been marking their school jotters. But in the main you seem to quetion or contradict and this doesn't help new psoters who are ussually looking for help.

 

Perhaps I'm totally wrong, Realise the written word can be misinterpreated by the reader. Perhaps you're a very knowledgeable person, wishing to clarigy things. It is an open forum, and sometimes it's best to question or iron out confusion. But as an average forum user I do sometimes wonder when reading your posts what it is you're trying to achieve?.

[dadofholly]

So the question is, is it a criminal offence to not comply with a code of practice?

[/i]

 

Do you mean an OFT code of practice for example? If so I am not 100% sure but will ask. But failure to comply leaves your licence in peril, as it is a condition of your licence that you comply.

 

It is, however, a criminal offence to be a member of a trade association, or similar body, and state that you comply with it's code of practice and then fail to do so.

[dadofholly]

Ghost,

 

I don't post a lot , but read a lot of threads, and notice that you keep popping up in various threads in what I could say is a devils advocate stance. Having lots of spare time and a very boring life I've taken the time to read through just about every post you've made and tbh, you don't seem to offer/add much in the way of help or advice to anyone.

 

In some you could occasionally even be seen to be morally biased or judgemental. On the rare occasion when you occasionally agree with an experienced poster's comment, you appear to do it in a schoolteacher manner as if you've been marking their school jotters. But in the main you seem to quetion or contradict and this doesn't help new psoters who are ussually looking for help.

 

Perhaps I'm totally wrong, Realise the written word can be misinterpreated by the reader. Perhaps you're a very knowledgeable person, wishing to clarigy things. It is an open forum, and sometimes it's best to question or iron out confusion. But as an average forum user I do sometimes wonder when reading your posts what it is you're trying to achieve?.

 

An astute observation - as has been noted by others.