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Disciplinary and Appeal Procedures

Buy With Confidence Terms and Conditions:
Introduction Administrative
Procedures		 Code of Practice Customer Complaints
Procedure
Member Benefits Logo & Promotional
Wording - Terms of Use		 Criminal Records
Disclosure		 Disciplinary & Appeal
Procedures
1 Refusal of Membership
1.1 The Trading Standards Service reserves the right to refuse membership to any applicant which it feels does not satisfy the criteria laid down in the Terms and Conditions. It may, as an alternative to refusal, impose certain conditions that need to be satisfied prior to acceptance of membership
1.2 Should membership be refused you will have the right of appeal, which must be made in writing within 28 days to the Head of the Trading Standards Service, whose decision shall be final.
1.3 The results of the appeals process shall be communicated to you within 28 working days from the receipt of your appeal.
2 Revocation of Membership and other Disciplinary Measures:
2.1 The Trading Standards Service reserves the right to revoke membership:
  • Should there be a significant breach of the terms of membership.
  • If there is a change in relevant circumstances for the business which may affect their approval. These may include, but are not limited to; changes to senior staff, changes of suppliers, new products or services, new premises, convictions and county court judgement. Such changes may result in a revocation of membership or and need to reapply for membership. The Trading Standards Service will assess this application and the process may include, at its discretion, a further audit.
  • Upon information supplied by any other regulatory agency (or similar) which casts doubt upon the suitability of any particular business to be a member.
2.2 Without prejudice to paragraph 2.1 above, the Trading Standards Service may decide to suspend membership until such time as a full investigation can be concluded. It may also suspend membership in order to monitor whether a particular business remains suitable for inclusion within the Scheme.
2.3 Where membership is suspended or revoked the Trading Standards Service will provide the member with a written explanation of the reason for its action.
2.4 Membership will not be suspended or revoked, nor will an application be refused for reasons other than those specified in the Code of Practice.
2.5 As an alternative to suspension or revocation of membership the Trading Standards Service reserves the right, where considered appropriate, to implement other disciplinary measures (for example, a written warning or by reducing the interval between subsequent audits).
3 Appeals against Suspension or Revocation of Membership:
3.1 An appeals procedure exists and any member wishing to take advantage of this procedure should write to The Head of their approving Trading Standards Authority within 28 days.
3.2 Appeals will be assessed by an independent review and appeal. This may be by either
3.2.1The Local Authority corporate appeals procedure, or,
3.2.2By an independent panel, consisting of three members independent of the scheme operator. Examples of panels which may be used are:
a)One Buy With Confidence Member, one independent representative, and an officer of another Trading Standards Service
b)Three senior members of staff from the local authority but independent of the scheme management.
c)One consumer representative, one business representative and one trading standards officer independent of the scheme management.
3.2.1 Examples of panels which may be used:
  • One Scheme Member, one independent representative, and a member of another Trading Standards Service.
  • Three senior members of staff from the authority independent of the scheme management.
  • One consumer representative, one trader representative and one trading standards officer.
3.3 Appeals will be conducted in writing although in exceptional circumstances an appeal may be conducted by way of a personal hearing.
3.4 The results of the appeal will be communicated to the scheme member, in writing, within 28 days from receipt of your appeal.
3.5 The decision of the Appeals Panel will be binding on both parties concerned.
3.6 There will be no cost to the member for the appeals process.
3.7 If the appeal is not upheld and membership is revoked, then Section 4 of the document "Logos and Promotional Wording - Terms of Use" shall have immediate effect.