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22/01/2009

Aberdeenshire Council Secures Its First Enforcement Order Under The Enterprise Act 2002

Portlethen-based builder Steven Norman Johnson has become the first person in Aberdeenshire to have an Enforcement Order made against them under the Enterprise Act 2002. The Enforcement Order was granted at Stonehaven Sheriff Court.

The Act enables Aberdeenshire Council to apply to the courts for an enforcement order to stop a business breaching contractual or statutory requirements where those breaches harm the collective interests of consumers.

Mr Johnson was investigated by trading standards officers following a number of complaints about substandard work made against him by local people.

Several of these people lost considerable amounts of money as a result of his activities.

The Enforcement Order was granted at Stonehaven Sheriff Court in Mr Johnson's absence.
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It followed breaches of an undertaking given to the council’s consumer protection service, in which Mr Johnson agreed to stop certain trading practices which were detrimental to consumers.

These included: breaching contracts with consumers by failing to carry out work within the time agreed, or where no time is agreed, within a reasonable time, or at all, breaching contracts with consumers by failing to carry our work with reasonable care and skill and contravening the Supply of Goods and Services Act 1982 by failing to supply goods supplied as part of a service that are fit for purpose.

Under the order Mr Johnson, and anyone working on his instructions, must refrain from breaching contracts with consumers by failing to carry out work with reasonable skill and care. He must also complete work as agreed, in the timescales agreed.

Failure to obey the court order may result in proceedings for contempt of court, which could result in a fine or imprisonment.

Senior Trading Standards Officer, Dave Tough, said: "The provisions of the Enterprise Act enable us to take action against those who persistently ignore their legal obligations to consumers.

"In bringing this action the council is protecting the interests of local consumers in general and demonstrating that those who think consumers are an easy target will be targeted themselves."

(GK/JM)

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