Trading Standards enforce a wide range of legislation covering a range of topics including:
- Weights and Measures - Trading Standards ensure that weighing and measuring equipment "in use for trade" is tested and verified before use commercially. We give advice on selling goods by quantity, packing goods for retail sale, calibration of scales or weights, average quantity and e markings.
- Fair Trading - Trading Standards Officers enforce laws which prevent traders from acting unfairly against Consumers. Further information can be found at Business Companion (Opens in a new window or downloads a file)
- Distance Selling and Doorstep Sales - The law has changed concerning distance selling and doorstep (or “off-premises”) selling, with the above Regulations came into force on 13 June 2014. These Regulations have extended all cancellation periods to fourteen days and require businesses to provide consumers with detailed information in writing.
The Regulations apply to a wide range of business activities, including online sales, mail order, telephone sales and agreements made in a consumer’s home. They cover sales of goods and digital content and the supply of services such as home improvements, gardening and trades like plumbing, electrical, joinery, painting, etc.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (132.1kB) (Opens in a new window or downloads a file) gives guidance on the new Regulations.
Further guidance is available by contacting Trading Standards, Comhairle nan Eilean Siar on 01851 822 694.
YouTube Video : Guidance for selling goods by mail, phone or online (Opens in a new window or downloads a file)
- Delivery Charges
Selling Online? For advice and guidance on delivery charges and delivery restrictions https://www.businesscompanion.info/en/news-and-updates/government-guidance-on-online-delivery
- We operate a No Cold Calling Zone in the Western Isles (Doorstoppers Campaign) which helps to protect Consumers against Rogue Doorstep Traders. This is a local as well as a national priority for Trading Standards Scotland.
- Trading Standards also enforce specific legislation introduced in 2008 which established a general ban on unfair trading, this means that traders must act in a way that enables the average consumer to make informed purchasing decisions. The legislation also aims to prevent aggressive sales techniques, and bans specific unfair trading practices that might mislead or misinform consumers.
- Consumer Advice - For help with Consumer complaints regarding problems with goods or services, in the first instance please contact the Consumer Advice Helpline on 0808 164 6000
- Business Advice - Trading Standards can advise businesses based in the Western Isles on a range of subjects. [Please call 01851 822694 or email firstname.lastname@example.org ]
- CTSI Home Improvements - Guidance for Home Improvement Businesses
- Pricing - most goods on display for sale must be priced, and there are specific guidelines for the way Sales prices are advertised.
- Under Age Sales - Trading Standards are responsible for making sure that goods such as cigarettes, DVDs and fireworks are not sold to persons under the legal age for that product.
- Tobacco – If you sell tobacco you are required to be registered on the national Scottish Tobacco Register. The illicit sale of tobacco can carry a fine of up to £20,000 and up to 6 months imprisonment. To apply please go to the Scottish Tobacco Retailers Register (Opens in a new window or downloads a file)
New legislation governing the display and pricing of tobacco products came into force on the 6th of April 2015.
In most cases, it is now illegal to display tobacco products and smoking related products. It is a requirement that these products must be stored out of public sight.
It is also illegal to display the price of tobacco products except in the format set out in the new legislation.
This legislation relates to all businesses selling tobacco products to the public, and this includes ‘on trade’ licensed premises such as pubs and clubs, including private members clubs. If you require any advice on how to comply with the new legislation please contact Trading Standards on 01851 822694 or at Tobacco Display Ban Guidancg (Opens in a new window or downloads a file)
- Counterfeiting and Trademark Issues - We enforce legislation relating from intellectual property to counterfeit goods such as cigarettes, hair straighteners, DVDs and CDs, designer clothing, perfume and jewellery.
- Safety - All goods on sale to the public must be safe, and specific regulations apply to many goods for example toys, cosmetics and fireworks. You should contact Trading Standards before you put any new product on the market. (Advice to Craft Producers)
Product Safety - Charities and Voluntary Organisations
Charities and Voluntary organisations, who sell goods on a regular basis, are NOT exempt from Product Safety legislation and the general safety requirement. Organisations must ensure that the products they sell are safe, and must hold records to show how they ensure that goods are safe, for example the pact testing (portable appliance testing) of electrical goods. (Guidance for Market Operators)
- Consumer Credit – There are specific requirements relating to Credit advertising, licensing and documentation. Consumer Credit Authorisations are issued by the Financial Conduct Authority (Opens in a new window or downloads a file)
- Animal feeding stuff and fertilisers - We enforce controls relating to fertilisers, and feeding stuffs. Legislation requires that almost all farms and crofts must be registered. You can apply for your registration at Animal Health and Welfare
- Licencing - Trading Standards issue a wide range of licence applications for example Petroleum, Explosives , Second Hand Motor Dealers, Market Operators and Street Traders. Please look at Licences Issued by the Comhairle for further information.
Petroleum & Explosives – Registration and licencing for the storage of petroleum and explosives are issued through Trading Standards.
For information on licence fees and to download forms please go to Licences Issued by the Comhairle
Further Information and Advice
For Consumer Advice please call 0808 164 6000 or go to Citizens Advice Scotland (Opens in a new window or downloads a file)
For Trading Standards please call 01851 822694 or email email@example.com