Provision of Services Regulation 2009
Tuesday, 9th March 2010
The Provision of Services Regulations 2009 (POS) came into force at the end of 2009. These implement the European Services Directive in the UK and have significantly changed the requirements for Service Businesses of all types and sizes in terms of what information they must provide to customers and where they must provide it.
Please note that the POS regulations apply whether you provide services to businesses OR individuals.
While these relate to service providers, if you are a retailer who provides additional support services in relation to your products you may well be required to come into line with these regulations as well.
It is important that you make sure your business complies with these requirements in full in order to continue to legally operate in the British and European markets. Make sure your business stays up-to-date in this ever-changing commercial environment.
What information do I need to provide?
The regulations require you make the following information readily available to customers and potential customers:
- Name of your business
- Type of business (sole trader, limited company etc)
- Address & immediate contact details (phone, fax, email)
- Complaints contact details (if different)
- Your VAT number, if you are VAT registered
- Your prices (if fixed or pre-determined)
- Your general terms & conditions of sale (particularly any terms which specify governing law applicable)
- Details of any after-sale services you provide (beyond those required by law)
- If you are regulated by a professional body in the UK or European Economic Area (EEA):
1. Your authorisation scheme
2. Contact details for the body which regulates it
3. Your professional title under this scheme and where it was granted
- Whether or not you are required to have professional liability insurance
- If you are subject to the dispute procedures of a professional body, how to access information on this
Where do I need to provide it?
The requirement is that the information must be 'readily available' to all customers. This can be achieved in four ways:
- You provide the customers with all of this information on your own initiative when you are first contacted
- It is easily accessible at the place where you provide the service, or where the contract is entered into (for example, your office)
- It is made easily available electronically (for example on your website)
- You provide it all in an information document, also setting out in detail all of the services you provide
What's the next step?
It is important that you look at how you currently provide information to customers to check whether you provide everything required by the POS Regulations.
In particular examine any documentation you provide to customers as well as your website (if applicable) to see if it fully explains the services you provide, provides all of the required details above, and is easy to access and understand.
The European commercial landscape is becoming more regulated every day, and it can be difficult for small businesses to stay informed on what they need to do to stay in line with requirements. If there are any aspects of compliance with these Regulations which you are unsure about we will be happy to advise on them, and help you implement any changes you may need to stay ahead of the game.
Please feel free to contact Marc Porritt-Allison or Nick Middleton in our Corporate and Commercial department for an initial consultation on York (01904) 624185.
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