DOCSLIB.ORG

Thesis Is Submitted in Partial Fulfillment of the Requirements of Cardiff Metropolitan University for the Award of the Degree of Phd by Research

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Thesis Is Submitted in Partial Fulfillment of the Requirements of Cardiff Metropolitan University for the Award of the Degree of Phd by Research A Critique of Trading Standards in Wales – Post-devolution Developments and Prognosis Huw David Evans LLB, Solicitor (non-practising), PGCE (PCET) This thesis is submitted in partial fulfillment of the requirements of Cardiff Metropolitan University for the award of the Degree of PhD by Research July 2020 Supervised by Dr Alan Sandry (Director of Studies), Dr Vitti Allender and Dr Ruth Fairchild Acknowledgements Thank you to those who participated in the study. I am indebted to everyone for their contributions. It never failed to surprise me how willing people were to share their time and knowledge. I am also indebted to my Director of Studies, Dr Alan Sandry, and to my other supervisors, Dr Vitti Allender and Dr Ruth Fairchild, for their enthusiasm, guidance and wise counsel throughout. They have been immensely supportive. I must also acknowledge Dr Sandry’s excellent overall supervision of the project. Thanks also to work colleagues who have been unfailingly supportive in helping me manage my PhD effort while balancing that with ‘day job’ commitments. I am particularly grateful to Dr Lalage Sanders who, as Graduate Studies Coordinator, was extremely helpful in getting things started. Finally, and in no way least, I extend my gratitude to my wife, Christine, and children, Jonathan, Rebeca and Steffan, for their on-going support (and good-humoured tolerance) throughout my period of study. This has been greatly appreciated. Without it, I am not sure I would have completed this thesis. ii Abstract This thesis investigates and critically evaluates Trading Standards (TS) delivery in Wales. TS enforces law to promote fair trading. It is delivered through local government in Great Britain. Successful enforcement protects legitimate business and consumers from economic and other detriment. Although not taken forward, the catalyst for the thesis was a 2011 Welsh Labour Party National Assembly for Wales (NAW) general election pledge to ‘seek to establish a national [TS] service’ for Wales. Chapter 1 explains the thesis’ rationale. Chapter 2 considers the research strategy, design and implementation. Chapter 3 places TS in a critical theoretical framework, which includes reference to the rule of law, human rights and justice, and, in Wales, the promotion of well-being. Chapters 4 to 9 constitute the Literature Review. Primary research involved semi-structured interviews, surveys of candidates standing at two sets of elections (to the NAW and the office of police and crime commissioner), and Freedom of Information Act requests to local authorities in Wales concerning a TS specific issue. Chapter 10 presents interview findings; six overarching themes emerged (including low TS profile and the damaging effects of reduced resourcing). Chapter 11 presents the surveys’ findings; overall TS has low- profile and its recognition was confined to consumer protection. Chapter 12 findings concern the specific Wales TS issue and, again, suggest that TS has low profile. In Chapter 13 it is argued that there are significant failings in TS delivery and that, although not devolved, TS can contribute to devolved government. As TS is not devolved, Welsh Government can only undertake a limited review of TS delivery; undertaking such a review is the first recommendation. The UK Government is not so restricted and there is a second recommendation that it undertakes a fundamental review of TS (including considering whether the TS classification should be retained and, if not, how the constituent parts should be divided), with a further recommendation for a consequential review dependant on the fundamental review outcome. iii List of Contents Declaration and Statements ....................................................................................................... i Acknowledgements ................................................................................................................... ii Abstract ................................................................................................................................... iii List of Contents ......................................................................................................................... iv List of Acronyms and Abbreviations ........................................................................................... xi List of Primary Legislation ....................................................................................................... xvi List of Subordinate Legislation ................................................................................................. xix List of European Union Subordinate Legislation ....................................................................... xxi List of Cases .......................................................................................................................... xxiii List of Treaties, Conventions etc. ........................................................................................... xxiv List of Figures ........................................................................................................................ xxv Chapter 1 – Introduction ............................................................................................................1 Aim and Objectives .......................................................................................................................... 1 Thesis Structure................................................................................................................................ 1 Rationale for Thesis ........................................................................................................................ 2 What is TS and Who Delivers It? ............................................................................................... 2 Why has TS Been Chosen? ........................................................................................................... 5 Why is the Focus on TS in Wales? ................................................................................................ 5 Chapter 2 - Research Strategy, Design and Implementation .........................................................8 Category of Research ...................................................................................................................... 8 Legal Research .............................................................................................................................. 8 Social Research ........................................................................................................................... 10 Research Strategy ......................................................................................................................... 10 Research Validity ............................................................................................................................ 13 Research Design Category: Case Study .......................................................................................... 14 Aim and Objectives, and their Revision ......................................................................................... 15 Research Methods ......................................................................................................................... 15 Ethics .............................................................................................................................................. 19 Edward Dienar and Rick Crandall principles ............................................................................... 20 Economic and Social Research Council principles, ..................................................................... 21 Legal Context .............................................................................................................................. 21 Ethics Approval ........................................................................................................................... 22 FOIA 2000 ................................................................................................................................... 23 Secondary Data Gathering and Processing .................................................................................... 23 Primary Data Gathering and Processing ........................................................................................ 24 Interviews ................................................................................................................................. 24 iv Interview Data Analysis .............................................................................................................. 25 NAW and PCC Candidate Surveys: Data Gathering and Processing ............................................... 27 NAW Candidate Survey .............................................................................................................. 28 Party Manifestos ........................................................................................................................ 28 Follow-up.................................................................................................................................... 29 PCC Candidate Survey ................................................................................................................ 29 Surveys’ Data Analysis ................................................................................................................ 29 FOIA 2000 Data Gathering and Analysis .......................................................................................
Load more

Recommended publications
  • MEDICINES ACT 2003 Chapter 4
    © Copyright Treasury of the Isle of Man Crown Copyright reserved See introductory page for restrictions on copying and reproduction MEDICINES ACT 2003 Chapter 4 Arrangement of sections PART 1 DEALINGS WITH MEDICINAL PRODUCTS 1. Introductory. 2. Restrictions on dealing with medicinal products. 3. Exemptions. 4. General sale of medicinal products. 5. Medicinal products on prescription only. 6. Regulations: general provisions. PART 2 CONSUMER PROTECTION 7. Adulteration of medicinal products. 8. Protection of purchasers of medicinal products. 9. Compliance with published standards. 10. Misleading descriptions etc. 11. Display of information on automatic machines. 12. Offences. PART 3 PROMOTION OF SALES OF MEDICINAL PRODUCTS 13. False or misleading advertisements and representations. 14. Advertisements requiring consent. 15. Regulation of advertisements and representations. 16. Advertisements and representations directed to practitioners. 17. Interpretation. PART 4 ENFORCEMENT 18. Enforcement etc. 19. Rights of entry. 20. Power to inspect, take samples and seize goods and records. 1 Medicines Act 2003 21. Application of sampling procedure to substance or article seized under s. 20. 22. Obstruction etc. 23. Analysis of samples in other cases. 24. Liability to forfeiture. 25. Restrictions on disclosure of information. 26. Contravention due to default of other person. 27. Warranty as defence. 28. Offences in relation to warranties and certificates of analysis. 29. Offences: general. 30. Presumptions. PART 5 VETERINARY MEDICINAL PRODUCTS AND ANIMAL FEEDING STUFFS 31. Veterinary medicinal products. 32. Application of Parts 1 to 4 to veterinary medicinal products. 33. Medicated animal feeding stuffs. 34. Animal feeding stuffs: enforcement. PART 6 PHARMACIES Conduct of retail pharmacy business 35. Retail pharmacy business. 36.
    [Show full text]
  • Trust in Workplace Canteens – Using Germany and the UK As Market
    Trust in Workplace Canteens – using Germany and the UK as Market Examples Sarah Price A thesis submitted in partial fulfillment of the requirements of Bournemouth University for the degree of Doctor of Philosophy October 2016 Copyright Statement: This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and due acknowledgement must always be made of the use of any material contained in, or derived from, this thesis. ii Trust in Workplace Canteens – Using Germany and the UK as a Market Example Sarah Price Abstract It is estimated, that most employees eat one or more meals per day whilst they are at work, which is forming an important element of their overall diet. However, consumers struggle to make an informed dish decision due to a lack of information provided. Additionally, past food scares in Germany and the UK have created distrust and interest in food information. This study is identifying what is important to consumers, indicating their information needs and establishes the format that is most appropriate for the delivery of food information in workplace canteens in Germany and the UK. Providing consumers with enhanced food information can strengthen the relationship between consumer and canteen operator as well as establish trust in the food served. A mixed methodological, sequential approach was employed. Four focus groups were used to inform the design of a questionnaire (n=317), which tested criteria of importance and types of information provision that are relevant when making food choice in a workplace setting using Best-worst scaling.
    [Show full text]
  • 1. Debbie Abrahams, Labour Party, United Kingdom 2
    1. Debbie Abrahams, Labour Party, United Kingdom 2. Malik Ben Achour, PS, Belgium 3. Tina Acketoft, Liberal Party, Sweden 4. Senator Fatima Ahallouch, PS, Belgium 5. Lord Nazir Ahmed, Non-affiliated, United Kingdom 6. Senator Alberto Airola, M5S, Italy 7. Hussein al-Taee, Social Democratic Party, Finland 8. Éric Alauzet, La République en Marche, France 9. Patricia Blanquer Alcaraz, Socialist Party, Spain 10. Lord John Alderdice, Liberal Democrats, United Kingdom 11. Felipe Jesús Sicilia Alférez, Socialist Party, Spain 12. Senator Alessandro Alfieri, PD, Italy 13. François Alfonsi, Greens/EFA, European Parliament (France) 14. Amira Mohamed Ali, Chairperson of the Parliamentary Group, Die Linke, Germany 15. Rushanara Ali, Labour Party, United Kingdom 16. Tahir Ali, Labour Party, United Kingdom 17. Mahir Alkaya, Spokesperson for Foreign Trade and Development Cooperation, Socialist Party, the Netherlands 18. Senator Josefina Bueno Alonso, Socialist Party, Spain 19. Lord David Alton of Liverpool, Crossbench, United Kingdom 20. Patxi López Álvarez, Socialist Party, Spain 21. Nacho Sánchez Amor, S&D, European Parliament (Spain) 22. Luise Amtsberg, Green Party, Germany 23. Senator Bert Anciaux, sp.a, Belgium 24. Rt Hon Michael Ancram, the Marquess of Lothian, Former Chairman of the Conservative Party, Conservative Party, United Kingdom 25. Karin Andersen, Socialist Left Party, Norway 26. Kirsten Normann Andersen, Socialist People’s Party (SF), Denmark 27. Theresa Berg Andersen, Socialist People’s Party (SF), Denmark 28. Rasmus Andresen, Greens/EFA, European Parliament (Germany) 29. Lord David Anderson of Ipswich QC, Crossbench, United Kingdom 30. Barry Andrews, Renew Europe, European Parliament (Ireland) 31. Chris Andrews, Sinn Féin, Ireland 32. Eric Andrieu, S&D, European Parliament (France) 33.
    [Show full text]
  • Protecting Europe Against Large-Scale Cyber-Attacks
    HOUSE OF LORDS European Union Committee 5th Report of Session 2009–10 Protecting Europe against large-scale cyber-attacks Report with Evidence Ordered to be printed 9 March 2010 and published 18 March 2010 Published by the Authority of the House of Lords London : The Stationery Office Limited £price HL Paper 68 The European Union Committee The European Union Committee of the House of Lords considers EU documents and other matters relating to the EU in advance of decisions being taken on them in Brussels. It does this in order to influence the Government’s position in negotiations, and to hold them to account for their actions at EU level. The Government are required to deposit EU documents in Parliament, and to produce within two weeks an Explanatory Memorandum setting out the implications for the UK. The Committee examines these documents, and ‘holds under scrutiny’ any about which it has concerns, entering into correspondence with the relevant Minister until satisfied. Letters must be answered within two weeks. Under the ‘scrutiny reserve resolution’, the Government may not agree in the EU Council of Ministers to any proposal still held under scrutiny; reasons must be given for any breach. The Committee also conducts inquiries and makes reports. The Government are required to respond in writing to a report’s recommendations within two months of publication. If the report is for debate, then there is a debate in the House of Lords, which a Minister attends and responds to. The Committee has seven Sub-Committees which are: Economic and
    [Show full text]
  • UNITED KINGDOM 1. Consumer Policy Institutions
    UNITED KINGDOM 1. Consumer policy institutions ................................................... 2 1.1. MINISTRY RESPONSIBLE FOR CONSUMER POLICY ......................................................................... 2 1.2. PUBLIC AGENCIES......................................................................................................................... 3 1.3. NATIONAL CONSUMER ORGANISATIONS....................................................................................... 8 1.4. NATIONAL COUNCILS/ASSEMBLIES OF CONSUMER ORGANISATIONS AND OTHER STAKEHOLDERS 10 1.5. CONSUMER MEDIA ..................................................................................................................... 12 1.6. REDRESS BODIES: COURTS AND ADRS ....................................................................................... 12 1.7. EUROPEAN CONSUMER CENTRE.................................................................................................. 13 1.8. SELF OR CO-REGULATION........................................................................................................... 14 2. Consumer policies................................................................... 20 2.1. CONSUMER PROTECTION LEGISLATION ...................................................................................... 20 2.2. CONSUMER ORGANISATIONS ..................................................................................................... 25 2.3. ENFORCEMENT/REDRESS ..........................................................................................................
    [Show full text]
  • Saints and Sinners: Lessons About Work from Daytime TV
    Saints and sinners: lessons about work from daytime TV First draft article by Ursula Huws for International Journal of Media and Cultural Politics Introduction This article looks at the messages given by factual TV programmes to audiences about work, and, in particular, the models of working behaviour that have been presented to them during the period following the 2007‐8 financial crisis. It focuses particularly, but not exclusively, on daytime TV, which has an audience made up disproportionately of people who have low incomes and are poorly educated: an audience that, it can be argued, is not only more likely than average to be dependent on welfare benefits and vulnerable to their withdrawal but also more likely to be coerced into entering low‐paid insecure and casual employment. It argues that the messages cumulatively given by ‘factual’ TV, including reality TV programmes ostensibly produced for entertainment as well as documentaries, combine to produce a particular neoliberal model of the deserving worker (counterposed to the undeserving ‘scrounger’ or ‘slacker’) highly suited to the atomised and precarious labour markets of a globalised economy. This is, however, a model in which there are considerable tensions between different forms of desired behaviour: on the one hand, a requirement for intense, individualised and ruthless competitiveness and, on the other, a requirement for unquestioning and self‐sacrificing loyalty and commitment to the employer and the customer. These apparently contradictory values are, however, synthesised in a rejection, often amounting to demonisation, of collective values of fairness, entitlement and solidarity. The context Despite the explosive growth of the internet and multiplication of devices for accessing it, television remains the main means by which most people absorb narrative information.
    [Show full text]
  • Wales Green Party
    Wales Green Party 1 CONTENTS Introduction – Anthony Slaughter 2 Our candidates 4 Green Guarantee: Our top 10 points 6 Our Approach 9 Joined-up thinking and policies Listening to science and honesty with the public Responding at scale Leading change that is fair Listening and learning government A Wales that can really work for change Finding the finance Green Window on the Valleys 12 How it fits together 14 Green Window on Rural and Coastal areas 16 Our Plan of Action 18 ENVIRONMENT 19 COMMUNITY 22 WORK 25 GOVERNMENT 28 Green Window on our Cities and Urban areas 32 2 1 his election is taking place in challenging These ambitious plans include the establishment times. The ongoing Covid 19 crisis has of a Green Transformation Fund for Wales which exposed the serious structural and systemic will raise finance, through issuing bonds, to fund: faults in our society and highlighted the ■ building thousands of zero carbon new homes obscene and growing levels of inequality each year thatT are destroying our communities. The coming INTRODUCTION severe financial recession will be made all the worse ■ installing rooftop solar on every hospital here in Wales by the predictable negative impacts of ■ converting thousands of houses to warm zero the Brexit fallout. This will impact most heavily on carbon homes each year poorer communities leaving them even more vulnerable. ■ replacing all diesel buses in Wales with electric Meanwhile both the ever-present Climate Emergency buses assembled in Wales and Nature Crisis become more urgent. Previous ‘once Wales Green Party’s Green New Deal will transform in a lifetime’ extreme weather events are happening Welsh society, providing Green jobs in a genuine with increasing regularity across the globe.
    [Show full text]
  • The Medicines Act 1968 Amended
    1 Medicines Act 1968 (c.67) Warning: This content may not be up-to-date. Please check the Update Status Warning message at the top of the Results within Legislation page Medicines Act 1968 1968 c.67 An Act to make new provision with respect to medicinal products and related matters, and for purposes connected therewith. The Medicines Act 1968 does not apply in relation to veterinary medicinal products. The Medicines (Prohibition of Importation and Possession of Veterinary Drugs Order (Northern Ireland) 1977 continues in force notwithstanding, and the Medicines Act 1968 shall continue to apply in so far as is necessary for the operation of that Order 25th October 1968 Medicines Act 1968 ......................................................................................................................................... 1 Part I ........................................................................................................................................................ 6 Administration .................................................................................................................................... 6 1. Ministers responsible for administration of Act ...................................................................... 6 2. …. ............................................................................................................................................ 6 2A. Establishment of the Commission on Human Medicines ..................................................... 6 3. Functions of the Commission
    [Show full text]
  • Copyright Statement
    University of Plymouth PEARL https://pearl.plymouth.ac.uk 04 University of Plymouth Research Theses 01 Research Theses Main Collection 2017 Authenticity and Quality of Muscle Foods: Assessing Consumer Trust and Fraud Detection Approaches Salih, Salih Mustafa http://hdl.handle.net/10026.1/10384 University of Plymouth All content in PEARL is protected by copyright law. Author manuscripts are made available in accordance with publisher policies. Please cite only the published version using the details provided on the item record or document. In the absence of an open licence (e.g. Creative Commons), permissions for further reuse of content should be sought from the publisher or author. Copyright Statement This copy of the thesis has been supplied on the condition that anyone who consults it is understood to recognise that its copyright rests with its author and that no quotation from the thesis and no information derived from it may be published without the author’s prior consent. Authenticity and Quality of Muscle Foods: Assessing Consumer Trust and Fraud Detection Approaches by Salih Mustafa Salih A thesis submitted to Plymouth University in partial fulfilment for the degree of DOCTOR OF PHILOSOPHY School of Biological and Marine Sciences Faculty of Science and Engineering November 2017 Acknowledgements All praises are due to my Lord “Allah” the creator of everything; who gave me the strength, knowledge and patience to overcome all difficulties. “Who does not thank people, does not thank God” Prophet Mohammed (SAW). On the accomplishment of the present study, I would like to extend my deepest sense of gratitude and words of appreciation towards those, who dedicated their today for my tomorrow.
    [Show full text]
  • The Economic Costs and Benefits of Easing Sunday Shopping Restrictions on Large Stores in England and Wales
    The economic costs and benefits of easing Sunday shopping restrictions on large stores in England and Wales Brian Williamson, John Hargreaves, Justine Bond and Helen Lay A report for the Department of Trade and Industry May 2006 Indepen Consulting Ltd Diespeker Wharf, 38 Graham Street, London N1 8JX T +44 (0) 20 7324 1800 F +44 (0) 20 7253 4949 www.indepen.co.uk The economic costs and benefits of easing Sunday shopping restrictions on large stores Indepen is a management and economic consultancy. We understand and have experience of government, regulation and investors, as well as business and other forms of enterprise. We work to make business sense out of better regulation to produce better results for all stakeholders, and improved services for everybody. We use our knowledge to challenge constructively and our thinking is independent, distinctive and rigorous. We work in this way to promote both public and private value, with clients in the UK, EU and elsewhere in the world. Further information can be found at www.indepen.co.uk. © Indepen, 2006 i The economic costs and benefits of easing Sunday shopping restrictions on large stores Table of Contents Executive Summary...............................................................................................................................1 1 Introduction..................................................................................................................................4 1.1 Scope of the report .................................................................................................................4
    [Show full text]
  • Copyrighted Material
    k 475 Index Page references to specific laws and legal Angola 409–410 cases are listed in the Table of Laws Animal and Plant Health Agency 381 and Cases Animal and Plant Health Inspection Service abatement plans see threat abatement plans (APHIS) 264, 343 aboriginal heritage tree 203 Animal Defenders International 354 aboriginal hunting 70, 135, 167–168 animal fights, attendance at 353, 420, see also aboriginal subsistence whaling see whaling badger baiting; bear baiting; bull access to open land and water 91–93 baiting; camel fighting; dog fighting; accommodation, animal 329, 332, 337, 339, fighting, animal 356 animal needs see five freedoms k Act of Congress 4 animal passport see passports: animal k Act of Parliament 4 animal rights 56–59, 71, 242, 317–319 passing of 8 animal species of Community interest structure of 10–11 130–132, 224–225, 258, 430 agricultural payments 309 animal testing 276–277, 328 airborne hunting 158, 406, 422 animal traders see Harrods; World’s aircraft Zoological Trading Company height restrictions over bird reserves 246 Animal Welfare Board 82 hunting from see airborne hunting Antarctic Treaty System 191 landing of in protected areas 138, 237 anti-social behaviour order (ASBO) 280, 282, low flying over protected areas 138 396 use of in pollution control 197 AONB see area of outstanding natural see also unmanned aerial vehicle beauty air safety 24, 145–147 APHIS see Animal and Plant Health airspace reserves 246COPYRIGHTED MATERIALInspection Service alien species 112–113, 133, 249, 261–262, Arctic Sunrise see Greenpeace
    [Show full text]
  • Cats and the Law: Research Report
    Middlesex University Research Repository An open access repository of Middlesex University research http://eprints.mdx.ac.uk Nurse, Angus ORCID: https://orcid.org/0000-0003-2486-4973 and Ryland, Diane (2013) Cats and the law: research report. Project Report. Middlesex University and University of Lincoln. [Monograph] Final accepted version (with author’s formatting) This version is available at: https://eprints.mdx.ac.uk/12968/ Copyright: Middlesex University Research Repository makes the University’s research available electronically. Copyright and moral rights to this work are retained by the author and/or other copyright owners unless otherwise stated. The work is supplied on the understanding that any use for commercial gain is strictly forbidden. A copy may be downloaded for personal, non-commercial, research or study without prior permission and without charge. Works, including theses and research projects, may not be reproduced in any format or medium, or extensive quotations taken from them, or their content changed in any way, without first obtaining permission in writing from the copyright holder(s). They may not be sold or exploited commercially in any format or medium without the prior written permission of the copyright holder(s). Full bibliographic details must be given when referring to, or quoting from full items including the author’s name, the title of the work, publication details where relevant (place, publisher, date), pag- ination, and for theses or dissertations the awarding institution, the degree type awarded, and the date of the award. If you believe that any material held in the repository infringes copyright law, please contact the Repository Team at Middlesex University via the following email address: [email protected] The item will be removed from the repository while any claim is being investigated.
    [Show full text]