Skills Guide understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understandingLegislation learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industrytraining knowledge education skills qualificationskills employment understandingresourcesindustry communication learning knowledge guidance The OCR Guide to Legislation

Version 2 understanding understanding learning guidance resources communication industry knowledge skills employment training education learning guidance qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources communication industry knowledge skills employment training education qualification understanding learning guidance resources resources communicationcommunication industry industry knowledge skills employment training education qualification understanding learning guidance resources 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understanding learning guidance resources communication industry knowledge skills employment trainingguidance education resources qualification communication understanding industry knowledgelearning skills employment traininglearning education qualification understandingcommunicationemploymentqualification learning industry training guidance understanding knowledge education resources skills 4 Legislation Legislation 5 Contents What is legislation? What is legislation? Page 5 Legislation is the term used to cover the laws governing us all. The Human Rights Act (1998) Page 7 In the UK there are three types of law: Why is there legislation? The Equality Act (2010) Page 8 • ‘Common’ law which is not written down Legislation tries to ensure safety and fair The Health and Safety but has come into being historically treatment of all in every aspect of our lives. at Work Act (1974) Page 9 • ‘Statute’ law which comes into being through an Act of Parliament Health and safety legislation is in place to The Data Protection Act (1998) Page 11 • European Union law. provide a safe environment for employees The Freedom of Information and employers, as well as the general public. Act (2000) Page 12 A Bill is a draft law; it becomes an Act For example, the Health and Safety at Work if it is approved by a majority in the Act requires a risk assessment to be carried The Children Act (2004) Page 13 House of Commons and House of Lords, out to identify workplace hazards – and and formally agreed to by the reigning measures put in place to control and minimise The Mental Health Act (2007) Page 16 monarch (known as Royal Assent). An Act the hazards and risks. Both employees and of Parliament is a law, enforced in all areas Copyright Legislation Page 17 employers need to be equally aware of their of the UK where it is applicable. rights and responsibilities under the law – and The Trades Description Act (1968) Page 20 any penalties if the law is not followed. Source: www.parliament.uk/business/bills- The Consumer Protection and-legislation/ (Distance Selling) Regulations (2000 as amended in 2005) Page 21 This guide gives an explanation of some The Consumer Credit Act (1974) Page 22 aspects of a range of statute laws (Acts). As the UK is a member of the European Union, The Companies Act (2006) Page 24 some earlier Acts have been amended in recent years so that the EU law applies to Criminal Records Bureau checks Page 25 all member countries. Sources of reference to full details of the legislation in this guide Other Acts and Regulations Page 27 are given – as well as pointers towards Finding out about other legislation Page 30 other reliable sources of information about legislation.

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www.ocr.org.uk www.ocr.org.uk 6 Legislation Legislation 7

Consumer legislation gives the rights and responsibilities of suppliers and purchasers The Human Rights Act (1998) of goods and services. For example, if the consumer buys an item which is not safe and Anyone who is in the UK for any reason has fundamental rights free from defects, the Sales of Goods Act gives which the government and public authorities are legally obliged to the right to a refund, repair or replacement. respect.

Other legislation is aimed at giving fair and These became law as part of the Human • the right to an education non-discriminatory treatment to all citizens in Rights Act (1998). They add to the rights and • the right to participate in free elections a wide range of circumstances. For example, freedoms laid out in the European Convention • the right not to be subjected to the death the Equality Act bans unfair treatment so that on Human Rights. penalty. a person cannot be discriminated against or victimised due to their age, race, religion, Individuals have a responsibility to respect If any of these rights and freedoms are disability etc. other people’s rights and they must respect breached, you have a right to an effective yours. Your human rights are: solution in law, even if the breach was by The Data Protection Act allows a person • the right to life someone in authority, such as, for example, a the right to know what information an • freedom from torture and degrading police officer. organisation holds on them and the right to treatment Source: correct information that is wrong. • freedom from slavery and forced labour www.legislation.gov.uk/ukpga/1998/42/ • the right to liberty contents • the right to a fair trial • the right not to be punished for Further details: something that wasn’t a crime when you http://news.bbc.co.uk/1/hi/uk/946400.stm did it • the right to respect for private and family www.liberty-human-rights.org.uk/human- life rights/human-rights/the-human-rights-act/ • freedom of thought, conscience and index.php religion, and freedom to express your beliefs • freedom of expression • freedom of assembly and association • the right to marry and to start a family • the right not to be discriminated against in respect of these rights and freedoms • the right to peaceful enjoyment of your property

www.ocr.org.uk www.ocr.org.uk 8 Legislation Legislation 9 The Equality Act (2010) The Health and Safety at Work Act (1974)

This Act bans unfair treatment of individuals or groups because All businesses, no matter how small, have a legal responsibility to of ‘protected characteristics’ that they have. It helps achieve equal reduce the risk of workplace dangers and provide safe and healthy opportunities at work and in our wider society. conditions for employees, customers, suppliers and anyone else The protected characteristics are: Source: who could be affected by the activities of the business. • age www.gov.uk/equality-act-2010-guidance • disability A business can benefit from good health and • provide training and information about • gender reassignment Examples of how certain cases would be safety at work as it can help to avoid staff how to work safely and without risks to • marriage and civil partnership regarded under this law can be found here: illness, accidents and the costs associated with health • pregnancy and maternity www.legislation.gov.uk/ukpga/2010/15/ these incidents. They can also improve the • consult employees or their • race notes/contents reputation of the business with customers, representatives about any changes that • religion or belief employees and the general public. might affect their health and safety • sex The Health and Safety at Work Act (1974), also and the quality of health and safety • sexual orientation. Previously there was a Disability Discrimination referred to as HASAW or HSW, is the main information and training Act. The Equality Act has replaced most of the legislation covering occupational health and • provide the right workplace facilities – The Equality Act sets out the different ways in points in that. For further details: safety in the United Kingdom. every workplace must meet some basic which it is unlawful to treat someone, such as www.legislation.gov.uk/ukpga/2005/13/ standards of comfort and sanitation such direct and indirect discrimination, harassment, contents The Health and Safety Executive is as toilets and washing facilities victimisation and failing to make a reasonable responsible for enforcing the Act and a • report and keep a record of certain adjustment for a disabled person. www.gov.uk/definition-of-disability-under- number of other Acts and regulations injuries, incidents and cases of work- equality-act-2010 about safe working. Full details can be related disease found here: www.hse.gov.uk • display the health and safety law poster – or provide each worker with a copy of the Employers’ health and safety equivalent pocket card responsibilities: • appoint someone competent to help Employee responsibilities: meet health and safety duties Employees have a joint responsibility with • write a health and safety policy for the the employer to ensure that health and business safety is the number one priority in the • use a risk assessment to identify workplace and to act in a safe and responsible workplace hazards – and put measures manner. Employees, and the business, may in place to control and minimise the be prosecuted for failing to comply with hazards and risks

www.ocr.org.uk www.ocr.org.uk 10 Legislation Legislation 11

Health and Safety requirements. Therefore employees should: The Data Protection Act (1998) • follow the training they have received when using any work items provided by This Act applies to personal information about an individual. the employer • take reasonable care of their own and It is aimed at protecting the rights of the The Act also gives important rights to the other people’s health and safety individual to privacy. The Act is quite complex person about whom data is held. This includes • co-operate with the employer on health but there are basically eight common the right to know what information is held, and safety sense rules – known as the ‘data protection including information held by an employer, • tell someone – the employer, supervisor principles’. They are: and the right to correct information that or health and safety representative – if • personal data should be processed fairly is wrong. Compensation can be claimed it is thought the work or inadequate and lawfully through the courts if an organisation breaches precautions are putting anyone’s health • personal data should be held only this Act and causes damage, such as financial and safety at serious risk. for registered purpose/s and not be loss. If it has, it is also possible to claim for disclosed in anyway other than lawfully distress caused as a result of the incident. Further advice for businesses: and within the registered purpose www.gov.uk/business • personal data held should be adequate If an organisation holds data on individuals, it and relevant and not excessive for the must register under the Act. Employees must required purpose also adhere to the Data Protection Act and • personal data should be accurate and the employer will have rules about this for you kept up-to-date to follow. The employer will be prosecuted • personal data should not be kept for if they break this law and if an employee is longer than is necessary found to be negligent, he/she may be liable • data must be processed in accordance for prosecution too. with the rights of the data subjects • appropriate security measures must be This link explains the principles of this Act and taken against unauthorised access gives practical examples of how the principles • personal data cannot be transferred to apply in practice: countries outside the European Union www.ico.gov.uk/for_organisations/data_ unless the country provides an adequate protection/the_guide.aspx level of protection. Further details: www.gov.uk/data-protection/the-data- protection-act

www.ocr.org.uk www.ocr.org.uk 12 Legislation Legislation 13 The Freedom of Information Act (2000) The Children Act (2004)

The Freedom of Information Act gives a person the right to ask any “The primary purpose of the Act is summarised as follows: to create public body – such as local authorities and councils, hospitals and clear accountability for children’s services, to enable better joint doctors’ surgeries, schools colleges and universities, the police - for working and to secure a better focus on safeguarding children. An all the information they have on a particular subject. alternative ‘sound bite’ in relation to the underlying intention is ‘to maximise opportunities and minimise risks for all children’. ” Everyone can make a request for information – Further information: Source: www.4bc.co.uk/articles/article/children-act-2004-by-isabelle-watson/ there are no restrictions on age, nationality, or www.direct.gov.uk/en/ area lived in. governmentcitizensandrights/ Background yourrightsandresponsibilities/dg_4003239 The Children Act was designed to respond Unless there’s a good reason, the organisation to Lord Laming’s findings that health officials, must provide the information within 20 www.ico.gov.uk/for_organisations/freedom_ police and social services missed twelve working days. You can also ask for all the of_information.aspx opportunities to save the life of Victoria personal information they hold on you. Some Climbié – due to a lack of information sharing. information might be withheld to protect As there was a lack of joined up reporting, various interests which are allowed for by the individual professionals were unable to gain Act. If this is case, the public authority must say a full picture of what was going on in a child’s why they have withheld information. life.

There is often no fee attached to making a BBC news article on the timeline of Victoria request under the Freedom of Information Climbié’s death http://news.bbc.co.uk/1/ Act unless it is in excess of a certain cost limit. hi/uk/2062590.stm Administration charges, for photocopying and postage for example, may be levied at the discretion of the organisation.

If a person asks for information on themselves, the request will be handled under the Data Protection Act.

www.ocr.org.uk www.ocr.org.uk 14 Legislation Legislation 15

The main provisions of the Act Full information on this Act is available at: The Every Child Matters policy Part of the way the policy works is to get all It enables the government to create an www.legislation.gov.uk/ukpga/2004/31/ This was an outcome of the Children Act. It the different groups of people who work with electronic profile of every child in England, contents applies to children and young people from children to share information about how they Scotland and Wales to make it easier to This source also explains the Act in a very birth to the age of 19 and is based on the idea can best promote the needs of children and trace children across local authorities and readable way: that every child should have plenty of support help them gain the most out of life. government services. www.workingwithkids.co.uk/childrens-act. throughout their life – regardless of their Full details of this and other related html individual circumstances or background. documents are free to download in pdf format It places a ‘duty to co-operate’ on all services at: who work to protect children. Services include Working with children in any capacity Everyone who works with children in any www.education.gov.uk/publications/standard/ local authorities, the police, the probation you must know about, and follow, the capacity - teachers, social workers, social publicationDetail/Page1/DFES-1109-2004 board, the youth offending team, the Strategic principles of The Every Child Matters policy services, foster carers, hospitals, children’s Health Authority and Primary Care Trusts, homes, the police and voluntary groups or Another useful source can be found at: Connexions partnerships, and the Young charities who work with children – should www.workingwithkids.co.uk/every-child- People’s Learning Agency. This is designed remember and put into action the principles matters-policy-explained.html to eliminate the risk of children ‘falling of the policy. through the gaps’ due to lack of information Further details can be found by entering every sharing. So, any agency that is aware of the Can you give example of ways in which child matters into a search engine. maltreatment of a child – or the misconduct you have encountered the five principles of a child’s legal guardian – should make their above? Think about your school/college, findings known to other agencies. extra-curricular activities, work experience and any voluntary work you have been The Act also made provision for a Children’s involved in. Fund, which is designed to mitigate the poverty and financial hardship of underprivileged children or children whose family’s financial circumstances leave them disadvantaged. The idea of the Children’s Fund is to ensure that children between the ages of five and thirteen attend school regularly, to help to reduce the risk of children between these ages committing crimes and to try to ensure these children have the best start in life.

www.ocr.org.uk www.ocr.org.uk 16 Legislation Legislation 17 The Mental Health Act (2007) Copyright legislation

This Act (which amends one created in 1983) says how a person This information is from the document: What about computer programs and with a mental disorder can be treated – and what his/her rights Copyright: Basic Facts by the Intellectual material stored in computers? Property Office. are. A computer program is protected as a literary www.ipo.gov.uk/c-essential.pdf work. Converting a program into or between What is a ‘mental disorder’? The rights of a person with a mental computer languages and codes counts as • Words used in the law to describe disorder: Just buying a book, CD, video or computer ‘adapting’ a work – and storing any work in a program does not give you the right to someone who has: The people who give care and treatment computer involves ‘copying’ the work. Also, make copies (even for private use) or play • A mental illness should listen to the person’s views about their running a computer program or displaying a or show them in public. The right to do • A learning disability care and treatment. work on a VDU will usually involve ‘copying’. • A personality disorder. these things generally belongs to the copyright owner, so you will need their The views of other people involved in the care permission to use their material. The law says when a person can be given and treatment of the person must also be treatment or taken into hospital (even if they taken into account. They may be: What is protected by copyright? do not want it), what their rights are and how • carers those rights are protected. • a named person (someone chosen by the Copyright protects original literary, dramatic, person with the mental disorder to help musical and artistic works, published editions them decide about care and treatment) of works, sound recordings (including CDs), • a guardian (someone appointed by the films (including videos and DVDs) and court to make decisions if the person is broadcasts. The creator of the material has unable to decide for him or herself) the right to control the way their work can be • a Welfare Attorney (someone chosen by used. Their rights cover such things as: the person if he/she is too ill to make • copying their own decisions). • adapting • distributing • communicating to the public by electronic transmission • renting or lending copies to the public • performing in public.

So copyright is a type of ‘intellectual property’ and, like physical property, cannot usually be used without the owner’s permission.

www.ocr.org.uk www.ocr.org.uk 18 Legislation Legislation 19

Is material on the internet protected Permission to copy or use copyright What happens if copyright work is by copyright? material used without permission? Copyright material sent over the internet The permission of the copyright owner should Using copyright material without permission is or stored on web servers will usually be be sought. He/she may allow it to be used called ‘infringement of copyright’. To save time protected in the same way as material (free or for a fee) or may not give permission and money the copyright owner may resolve recorded on other media. So if you want for it to be used. the matter with the person who has infringed to put copyright material on the internet or copyright but it may result in court action. distribute or download copyright material that However, you may be allowed limited copying Courts may issue an injunction – to the person others have put on the internet, you will need of a work for non-commercial research and using the material; or may make the person to make sure that you have permission from private study, criticism or review, reporting pay ‘damages’ for infringement. the people who own the rights in the material. current events, judicial proceedings and teaching in schools. But if you are copying Deliberate copyright infringement – especially Does copyright have to be registered? large amounts of material or making many on a large scale such as pirate or counterfeit Copyright protection in the UK is automatic, copies, you may still need permission. Also, copies of DVDs – is likely to involve the police so there is no registration system; there are no you will need to include in your work an or the local trading standards department. forms to fill in, and no fees to pay. acknowledgement of the name of the They will decide whether action, including copyright work and its author. possible prosecution, is justified. Does work have to be marked to claim copyright? Crown copyright covers material Info on crown copyright: In some countries you must mark work with created by civil servants, ministers and www.direct.gov.uk/en/SiteInformation/ the international © mark followed by the government departments and agencies. DG_020460 creator’s name and the year of creation. This “It may be reproduced free of charge is not necessary in the UK, but it may help if in any medium or format for research, it’s necessary to take action against someone private study or internal use within using the material without the owner’s an organisation. This is subject to the permission. Marking work in this way also material being reproduced accurately and gives automatic copyright protection in some not used in a misleading context”. foreign countries. You could also include Source: www.scotland.gov.uk/ information about whether and how far you CrownCopyright are happy for others to use your copyright material without permission.

www.ocr.org.uk www.ocr.org.uk 20 Legislation Legislation 21 The Trades Descriptions Act (1968) The Consumer Protection (Distance Selling) This Act was put in place to protect consumers when purchasing Regulations (2000 as amended in 2005) products and services. Many people buy goods and services over the internet, by phone In general the Act states that traders must As well as a general ban on unfair, misleading not mislead consumers. For example when a and aggressive commercial practices, the or by mail order. trader is describing a product or service they CPRs outlaw 31 specific offences and relates These are all examples of distance selling. must be accurate in the description – where to business-to-consumer transactions. Breach An increasing range of goods and services it was made, when it was made, what is was of the Regulations is a criminal offence are available to consumers in these ways. made of and who made it. punishable by a fine (currently up to £5,000) Businesses that sell by distance need to or imprisonment of up to two years. This gives comply with this Act – sometimes referred to Also covered within the Trades Description Act a more comprehensive framework for dealing as the DSR. are numerous regulations referring to the price with sharp practices and rogue traders. of products. Traders must not indicate a price The Business Protection from Misleading The purpose of this legislation is to: is lower than it actually is. Marketing Regulations covers business-to- • give consumers confidence to buy goods business transactions and prohibits advertising and services where there is no face to The Trade Descriptions Act 1968 used to be that misleads traders. face contact with the seller, and; the most important piece of legislation aimed • to ensure that all traders selling at a at protecting consumers from misleading or Further information: distance in the normal course of their false description of goods. Much of the Act www.gov.uk/government/topics/consumer- business meet certain basic requirements. has now been repealed and replaced by new rights-and-issues legislation known as the Consumer Protection Full details can be found here: from Unfair Trading Regulations 2008 (CPRs) www.legislation.gov.uk/uksi/2005/689/ and the Business Protection from Misleading contents/made Marketing Regulations 2008. Further information can be found from the Office of Fair Trading: www.oft.gov.uk/shared_oft/business_leaflets/ general/oft698.pdf

www.ocr.org.uk www.ocr.org.uk 22 Legislation Legislation 23

Full details: The Consumer Credit Act (1974) www.legislation.gov.uk/ukpga/2006/14/ Consumer Direct is the government-funded contents consumer advice service. It offers information “An Act to establish for the protection of consumers a new system, and advice on problems with goods and administered by the Director General of Fair Trading, of licensing https://www.gov.uk/government/ services, energy and post. and other control of traders concerned with the provision of publications/consumer-credit-regulations- guidance-on-implementing-the-consumer- http://www.adviceguide.org.uk/england/ credit, or the supply of goods on hire or hire-purchase, and their credit-directive consumer_e.htm transactions, in place of the present enactments regulating moneylenders, pawnbrokers and hire-purchase traders and their Further information can be found from the www.which.co.uk/consumer-rights transactions; and for related matters.” Office of Fair Trading: Source: http://www.legislation.gov.uk/ukpga/1974/39 www.oft.gov.uk/about-the-oft/legal-powers/ http://whatconsumer.co.uk legal/cca/ This Act requires most businesses that lend The Act (1974) was amended by the Consumer money to consumers or offer goods or Credit Act (2006). Further information about consumer rights – services on credit to be licensed by the Office and the responsibilities of businesses – can be of Fair Trading. The licence may be suspended This Act updates and amends the previous Act found here: or taken away in the event of irregularities. and establishes a fairer, more transparent and www.gov.uk/consumer-protection-rights Trading without a licence is a criminal offence competitive credit market. and can result in a fine and/or imprisonment. Local Authority Trading Standards services The Act also regulates in which consumer It does this by: protect consumers and honest traders by credit licensees carry on business. For • strengthening consumer rights by ensuring that trade is carried out lawfully, fairly example, there are rules on what may be taken enabling consumers to challenge unfair and safely: as security, limits the ways in which credit lending agreements and making it www.tradingstandards.gov.uk organisations can advertise and gives the possible for disputes to be resolved more county courts the ability to get involved in the easily case of unfair credit agreements. • improving consumer credit regulation by improving the licensing system for This Act gives protection to consumers consumer credit businesses, requiring including withdrawing from a credit consumers to be given minimum agreement and early settlement of the debt. standards of information Full details to be found here: • increasing the effectiveness of regulation www.legislation.gov.uk/ukpga/1974/39/ by extending protection to all types of contents consumer credit.

www.ocr.org.uk www.ocr.org.uk 24 Legislation Legislation 25 The Companies Act (2006) Criminal Records Bureau checks

Companies Acts governing how UK limited companies operate The Criminal Records Bureau (CRB) helps employers in England and have existed for over 150 years in various forms. Wales make safer recruitment decisions.

The Companies Act (2006) is the latest Company directors’ duties are clarified; You may be asked to apply for a criminal and other sources, including the Police legislation to update and modernise company directors must now be at least 16 years record check for jobs in which you will be National Computer. It will either confirm you law to make it easier to set up and run a old and directors are no longer required to working with children or vulnerable adults don’t have a criminal record or it will list any company both now and in the future and to publish their residential address for all to see. or in healthcare. You can refuse to have a relevant convictions, cautions, reprimands and allow companies greater flexibility in how they A director’s private address will be held as criminal record check carried out. However, warnings. You, and your employer, will see the operate. protected information at Companies House. there are some jobs for which a CRB check is results of your search. Whatever the results, required by law. In that instance, if you refuse your employer will decide whether they can One intention of this Act is that the starting The Memorandum of Association is now an the check your employer won’t be able to take still employ you. point for company law should be small historic document recording the facts at the your job application any further. companies - this is known as the ‘Think Small time of incorporation; the Articles will set out First’ approach – to encourage small and the principles covering the way the company A vulnerable adult is someone over 18 medium sized companies to operate in the conducts its business. Private companies who has, or may need, help with their UK. (There are additional provisions for larger may now, if they wish, use default model everyday living tasks. This includes: companies where necessary.) Articles of Association which are set out in • disabled people who have physical or clearer language. sensory impairments Companies can choose to make more use • those with learning difficulties or who of electronic methods. Resolutions can Full details: experience mental illness or emotional be circulated by email or other electronic www.legislation.gov.uk/ukpga/2006/46/ distress methods, with shareholder agreement. This contents • frail older people. will speed up the decision making process so that most small businesses will be able For further details: For a guide to eligibility for criminal record to make most shareholders’ decisions more www.berr.gov.uk/files/file42262.pdf checks use this link: quickly without the need for a general www.gov.uk/government/uploads/system/ meeting. www.gov.uk/company-and-partnership-law--2 uploads/attachment_data/file/260319/DBS_ guide_to_eligibility_v2.2.pdf Private limited companies no longer need to www.companieshouse.gov.uk have a company secretary, an authorised share If you do need a criminal record check, your capital nor hold an Annual General Meeting. prospective employer will let you know and

tell you what to do next. The CRB check

searches your details against criminal records

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Further details on the CRB: The Disclosure and Barring Service www.gov.uk/government/organisations/ (applicable from Nov 2012), as this Other Acts and Regulations disclosure-and-barring-service will be relevant for learners accessing work placements. Sale of Goods Act (1979) Sale and Supply of Goods to Consumer CRB checks must comply with the Data Regulations (2002) This Act relates to problems consumers may Protection Act. Further details can be found There have been criticisms of the vetting and face when making purchases from shops, This Act amended the Sale of Goods Act 1979 here: barring system (VBS) as it was thought to be online or by mail order. Goods supplied by and the Supply of Goods and Services Act www.gov.uk/government/uploads/system/ a disproportionate response to the risk posed traders must be ‘as described’, ‘fit for their 1982. It added that manufacturers’ guarantees uploads/attachment_data/file/152794/Code_ by a small minority of people who wished to purpose’ and of ‘satisfactory quality’. If they were a contract between consumers and of_Practice.pdf commit harm to vulnerable people. Following are not safe, durable and free from faults and manufacturers. a thorough review in February 2011, a number defects, the consumer could have the right to The Disclosure and Barring Service (DBS) is of its recommendations have been built in a refund, repair or replacement. It also says that, if a product goes wrong responsible for maintaining lists of people who within the Protection of Freedoms Bill. within the first six months, the onus is on the are barred from working with children and/ The government has made commitments Supply of Goods and Services Act seller to prove there’s not a fault, rather than or vulnerable adults. A person who is barred to scale vetting and barring services back to (1982) on the consumer to prove that there is one. by the Disclosure and Barring Service will be ‘common sense’ levels – continuing to help This Act aims to protect consumers against breaking the law if they work or volunteer, or safeguard children and vulnerable adults bad workmanship or the poor provision of try to work or volunteer, with those groups. An but reducing the burden on employers and services. It covers contracts for work and organisation that knowingly employs a barred respecting the civil liberties of the individual. materials, as well as contracts for services individual to work with children or vulnerable where there is no physical contract – for adults will also be breaking the law. The Criminal Records Bureau and Independent example, going to the hairdressers. Safeguarding Authority will be merged and Further details on the Disclosure and Barring a single, new non-departmental public body It also says that, unless a specific date is agreed Service: created. This will be called the Disclosure and for a service to be provided, it must be carried www.gov.uk/government/organisations/ Barring Service (DBS) – to be operational by out within a reasonable time and a reasonable disclosure-and-barring-service November 2012. cost (unless the time-frame and cost have been specifically agreed). This BBC news story gives the background to For further details: why a system of ‘vetting and barring’ was set www.homeoffice.gov.uk/crime/vetting- up for people who apply to work with children barring-scheme/ and vulnerable adults. http://news.bbc.co.uk/1/hi/uk/8156124.stm

www.ocr.org.uk www.ocr.org.uk 28 Legislation Legislation 29

The Consumer Protection Act (1987) The consumer must have been using the Unfair Terms in Consumer Contract The UCTA doesn’t define precisely what is Regulations (1999) The Sale of Goods Act provides protection product only for the purposes for which it meant by ‘reasonable’, but courts will usually against goods which are of poor quality. If a was reasonably intended and must not have These regulations (UTCCRs) protect consumers take into account: product is unsafe, the Consumer Protection ignored any safety instructions that were against unfair standard terms in contracts • the information available to both parties Act provides information about consumers’ given. Also if the product was marketed for they make with traders. Terms, for example when the contract was drawn up rights. expert or experienced users, a novice would the price and details of the product or service • whether the contract was negotiated or have no-one to blame but themselves if must also be expressed in plain language. The in standard form To make a successful claim for damages or damage was caused. Office of Fair Trading, and certain other bodies • whether the buyer had the bargaining compensation as a result of using an unsafe such as the Financial Services Authority (FSA), power to negotiate better terms. item, the consumer doesn’t have to prove can take legal action to prevent the use of that the supplier was negligent but does have such terms. to prove the defect, that damage has been www.oft.gov.uk/about-the-oft/legal-powers/ caused (death, personal injury, damage to legal/unfair-terms private property in excess of £275), that the damage was caused by the defect and that Unfair Contract Terms Act (1977) the producer of the product can be identified. Transactions between businesses are covered by the Unfair Contract Terms Act 1977 (UCTA). In general, businesses are assumed to be free to enter into whatever contracts they agree between themselves.

However, the UCTA places a number of restrictions on the contract terms businesses can agree to. Specifically, it lays down rules for the ways in which the businesses selling the goods or services can use exclusion clauses to limit liability in certain areas. The business selling isn’t allowed to exclude liability for: • death or injury - under any circumstances • losses caused by negligence - unless to do so is ‘reasonable’ • defective or poor quality goods - unless to do so is ‘reasonable’.

www.ocr.org.uk www.ocr.org.uk 30 Legislation Legislation 31 Finding out about other legislation

If you’d like to find out more about the Acts or other regulations covered in this guide, you might like to start your research using:

GOV.UK is the website for the UK government: Use relevant keywords in a search engine to www.gov.uk find further information but look carefully at the list of results. The first ones in the list may Online resource for businesses and self- be adverts. The information on those sites employed: may be useful – but you may have to pay for https://www.gov.uk/business the information offered. If the site is operating commercially, the information provided Department for Business, Innovation and Skills may not be as unbiased and impartial as (BIS): the information you may find on sites about www.gov.uk/government/organisations/ legislation such as those from government department-for-business-innovation-skills sources and well established recognised organisations. The service provides free, independent, confidential and impartial advice to everyone on their rights and responsibilities: www.citizensadvice.org.uk

Further information on health and safety at work: www.worksmart.org.uk/rights/health_and_ To give us feedback on, or ideas about the OCR resources you have used, email [email protected] safety OCR Resources: the small print OCR’s resources are provided to support the teaching of OCR specifications, but in no way constitute an endorsed teaching method that is required by the Board and the decision to use them lies with the individual teacher. Whilst every effort is made to ensure the accuracy of Further information on child protection the content, OCR cannot be held responsible for any errors or omissions within these resources. © OCR 2013 - This resource may be freely copied and distributed, as long as the OCR logo and this message remain intact and OCR is legislation can be found here: acknowledged as the originator of this work. www.nspcc.org.uk/Inform/research/briefings/ OCR acknowledges the use of the following content: • Page 5 – gavel: Andrey Eremin/Shutterstock.com •Page 6 – legislation text: Constantine Pankin/Shutterstock.com •Page 8 – equality: child_protection_legislation_in_the_uk_ StockThings/Shutterstock.com •Page 10 – health and safety symbols: Barry Barnes/Shutterstock.com •Page 12 – filing cabinet: Kameel4u/ Shutterstock.com •Page 13 – children: Gladskikh Tatiana/Shutterstock.com •Page 14 – hand in hand: DVARG/Shutterstock.com •Page 16 – wda48946.html head with puzzle pieces: D K Stewart/Shutterstock.com •Page 17 – copyright stamp: Arcady/Shutterstock.com •Page 18 – CDs: ruzanna/ Shutterstock.com •Page 19 – copyright symbol: mstanley/Shutterstock.com •Page 20 – bright shopping bags: Michael Flippo/dreamstime. com •Page 21 – iPad and shopping trolley: Discovod/Shutterstock.com •Page 23 – credit cards: Carsten Reisinger/Shutterstock.com •Page 25 – magnifying glass: Vitaly Korovin/Shutterstock.com •Page 26 – fingerprint: Kjpargeter/Shutterstock.com •Page 27 – justice scales: graphixmania/Shutterstock.com •Page 28 – broken TV: adapted from Hilch/Shutterstock.com and Pil76/Shutterstock.com •Page 29 – fountain pen: Vladimir Koletic/Shutterstock.com

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