Update - The Provision of Services Regulations 2009
The Provision of Services Regulations 2009
The Provision of Services Regulations 2009 (the Regulations) came into force on 28 December 2009. The Regulations oblige businesses providing services in the UK to make certain information available to their customers, and also to respond to complaints “as quickly as possible” using their “best efforts” to find a satisfactory solution.
The information which must be made available includes:
* details of where customers can send a complaint or a request for information;
* the service provider’s name, address, legal status and VAT number;
* details of any trade registrations or authorisation schemes to which the service provider is subject;
* the main features of the services and details of any after sales guarantees offered;
* details of any professional liability insurance which the service provider is required to hold; and
* details of any dispute resolution procedure available under a code of conduct to which the service provider is subject or a trade organisation or professional body of which the service provider is a member.
The information must be provided in good time before the contract is concluded so that the recipient has time to change their mind about entering into the contract.
The Regulations apply to all businesses providing services, whether to other businesses or private consumers. BIS has advised that retailers will fall under the Regulations where their activities are not exclusively concerned with the sale of goods; for example, where they also provide after sales services or customer advice. However, the Regulations do not apply to a number of specifically excluded service sectors including financial services, electronic communications, transport, healthcare, temporary work agencies, audiovisual services and gambling.
The aim of these requirements is to ensure that service recipients have access to a minimum amount of information and to a complaints procedure. This should enable recipients to make more informed decisions when considering whether to buy services from a particular provider and should widen the choice of providers available to them. These requirements are, in general, already common practice, and BIS has advised that they do not expect many service providers to have to make major changes to their procedures.
For more information or to discuss please contact:
Caroline Williams
Telephone: 0115 934 3986
Email: caroline.williams@freethcartwright.co.uk
Philippa Dempster
Telephone: 0115 936 9334
Email: philippa.demspter@freethcartwright.co.uk
ends - 18 January 2010