Housing, Dundee Contract Services And Environment Services Committee - 18/06/2001

At a MEETING of the ENVIRONMENTAL AND CONSUMER PROTECTION COMMITTEE held at Dundee on 18th June 2001.

Present:-

COUNCILLORS

Councillor Neil GLEN, Convener, in the Chair.

The minute of meeting of this Committee of 21st May 2001 was held as read.

Unless marked thus * all items stand delegated.

I LEASE OF WHEELED LOADER

There was submitted Report No 359-2001 by the Director of Environmental and Consumer Protection seeking authorisation to lease one waste handling wheeled loader for use at the Baldovie Transfer Station and Waste Processing Plant.

The Committee agreed to accept an offer from Scott JCB Limited for the wastemaster on the terms and conditions detailed in the report.

II FISCAL MARKING OF TOBACCO PRODUCTS

The Committee noted and approved the authorisation of Trading Standards Officers by Commissioners of HM Customs and Excise under the Customs and Excise Management Act 1979 to seize and detain tobacco products which did not comply with recent fiscal marks legislation.

III ISSUE OF SUSPENSION NOTICES UNDER THE CONSUMER PROTECTION ACT 1987

The Committee agreed to the delegation of powers of issue of Suspension Notices under Section 14 of the Consumer Protection Act 1987 to Trading Standards Officers of the Environmental and Consumer Protection Department in order to allow immediate action by officers where there was an immediate danger to the consumer or where unsafe goods could be transported elsewhere if immediate suspension was not implemented.

IV SCOTTISH MOTOR VEHICLE TESTING SERVICE - INTERIM REPORT

On a reference to Article III of the minute of meeting of this Committee of 14th August 2001 the Committee noted the publication of an interim report into the operation of the Scottish Motor Vehicle Testing Unit and further noted that a full report on the activities of the Unit would be prepared for the funding bodies in January 2002 when the match funding is due to expire.

V STOP NOW ORDERS

The Committee noted the commencement of the Stop Now Orders (EC Directive) Regulations: SI 2001 No 1422 on 1st June 2001.

These regulations implemented the European Directive 98/27/EC on injunctions for the protection of consumers' interests known as the "Injunction Directive" and aimed to improve the enforcement of EU consumer protection legislation by offering additional civil enforcement mechanisms to work alongside existing sanctions.

The regulations would empower a range of consumer protection bodies, including Trading Standards Authorities, to apply to the UK Civil Courts for a Stop Now Order to stop traders from infringing specified legislation where those infringements would harm the collective interests of consumers.

In addition, the regulations would provide for the first time a statutory enforcement mechanism for action to be taken across national borders. This would enable action to be taken to protect consumers in one Member State from a trader's business activities in another Member State, for example to stop the influx of "junk" mailings.

Interdicts or Interim Interdicts would be sought where appropriate with the assistance of the Council's Legal Services Division.

NEIL GLEN, Convener.