The Provision of Services Regulations 2009 (the Regulations) came into effect in the UK on 28 December 2009. They implement the EU Services Directive into UK law.
The Regulations affect all businesses that provide a service in exchange for remuneration. There are some important exclusions, but the Regulations work on the basis that if you are not excluded, you are subject to them.
The main exclusions from the Regulations, which are set out in more detail in regulation 2(2), are:
* financial services
* electronic communications services and networks
* transport services
* services of temporary work agencies
* healthcare services
* audiovisual services
* gambling services
* social services provided for by the state or on behalf of the state
* private security services
* services provided by notaries and bailiffs
While the Regulations do not cover the manufacture or sale of goods, they will cover ancillary services relating to this, such as the provision of after-sales services.
If your business falls under the Regulations, then there are certain requirements upon you concerning the provision of information, handling of complaints and non-discrimination principles in general terms of business.
Regulation 8(1) sets out what information you need to provide, including the name of your business; your legal status; a geographic address and contact details; VAT registration number; and whether you are registered in a trade or similar public register and details of that registration.
Regulation 7 requires the provision of contact details where information can be sought or a complaint can be made. These contact details must include a telephone number and one or more of a postal address, fax number or email address. If you receive a complaint you must respond as soon as possible and use your best efforts to find a satisfactory solution.
Regulation 30 prohibits service providers from discriminating on the grounds of nationality or place of residence unless the service provider can objectively justify the discrimination. Criteria that could be used to justify discrimination include: additional costs due to distance involved or different technical characteristics of the service; different market conditions caused by seasonality or different holiday periods; extra risks relating to differing rules between EEA states (the 27 Member States of the EU plus Iceland, Norway and Liechtenstein); and the absence of adequate intellectual property rights in a particular territory.
The Regulations will be enforced by the Office of Fair Trading, Local Authority Trading Standards and the Department of Enterprise, Trade and Investment in Northern Ireland, using their powers under Part 8 of the Enterprise Act.
The Department for Business Innovation and Skills have produced guidance on the Regulations
The full regulations can be found at
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