Page 34 - Lawtext Utility Law Review Journal Sample

UK CURRENT SURVEY
On-site inspection powers
86/07 20 June 2007
Digital Switchover Bill
071/07 18 June 2007
BBC fined
9 July 2007
UTILITIES LAW REVIEW PUBLISHED BY LAWTEXT PUBLISHING LIMITED
16[2006/2007]4 ULR 181
contamination will, therefore, in future be considered on a case-by-case basis for each
property. Liability is likely to depend on a detailed investigation of the facts, because of the
complex provisions in the Environmental Protection Act. In certain circumstances it would
seem that property owners can be held responsible for clean-up costs even though they
might be unaware that their property was contaminated by a former owner and the problem
appears to extend to other industries that have been subject to nationalisation and
privatisation.
Office of Fair Trading
www.oft.gov.uk
The OFT has published guidance about the on-site inspection powers that came into force
on 8 January. The powers were introduced as part of the UK implementation of the EU
Regulation on Consumer Protection Co-operation (‘CPC’) and are intended to help
enforcers to tackle domestic and cross-border scams. The CPC, which is designed to
eliminate barriers and gaps in cross-border enforcement, establishes a network of public
consumer protection enforcement bodies across the EU, obliging them to act on behalf of
consumers in other EU Member States on request. It sets out the minimum enforcement
powers that these enforcers must have. These include the ability to inspect business premises,
such as those linked to scams, misleading emails and advertising, fake draws, phone scams
and bogus holiday clubs. Once a warrant is obtained in a magistrates’ court, the OFT and
other enforcers in the United Kingdom can carry out on-site inspections without giving a
business notice. The power can be used where there is a reasonable suspicion of a breach
of a wide range of UK consumer laws. Other European enforcers will have similar on-site
inspection powers. National enforcement bodies will be required to assist each other
through the exchange of information and co-operate in investigating breaches of European
consumer protection laws. The CPC was adopted by the European Commission and Council
in October 2004 and the changes to the Enterprise Act granting CPC enforcers on-site
inspection powers came into force in January 2007.
BROADCASTING
Department for Culture, Media and Sport
www.culture.gov.uk
The Digital Switchover (Disclosure of Information) Bill, allowing social security information
to be disclosed to the BBC to help target those who will benefit from the digital switchover
help scheme, received Royal Assent on 18 June 2007. The Act will allow the Department
for Work and Pensions to disclose to the BBC limited information about over-75 year-olds
and those in receipt of disability benefits to allow targeted assistance with the switch to
digital television.
Ofcom
www.ofcom.org.uk
Ofcom has imposed an unprecedented £50,000 fine on the BBC for serious breaches of
the Broadcasting Code relating to a faked winner of a Blue Peter phone-in competition in
2006. It was found guilty of ‘deception’ and of making a child ‘complicit’ in that deception.
The broadcaster was found to have breached two rules: the first stating that ‘competitions
should be conducted fairly’, and the second stating that ‘due care must be taken over the
physical and emotional welfare and the dignity of people under 18 who take part or are
otherwise involved in programmes’. Payment of the fine will be made from TV licence fees.
Ofcom has issued seven fines in respect of breaches of its Broadcasting Code since becoming
empowered to do so under the Communications Act 2003.
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