Question

To ask the Secretary of State for Business, Innovation and Skills, whether his Department acts as the enforcement authority for the criminal offences defined in Part XI of the Fair Trading Act 1973 and in consequent trading schemes regulations and exemptions; and if he will make statement.

Breaches of the Trading Schemes legislation (i.e. the Fair Trading Act 1973 and the regulations made under it) would be referred to the lawyers in the Department for Business, Innovation and Skills’ Criminal Enforcement to determine whether or not a criminal investigation should be undertaken. The matter may also be referred to the Insolvency Service, to investigate and ascertain whether the offending company should be wound up in the public interest. The 1973 Act does not confer an express enforcement duty on any particular body, however this Department would look to bring a case in appropriate circumstances. Otherwise, enforcement could fall to Trading Standards or possibly the Competition Markets Authority should widespread malpractice be suspected.