Legal
Crossing borders
A European directive aimed at helping businesses set up services,
has implications for a wide range of activities including building
control and energy certification, writes Hywel Davies
T
he Provision of Services Regulations 2009, architect, or energy assessor, must give the professional
which came into effect in December, implement body or similar institution with which they are
the EU Services Directive. The main aim of registered, the professional title and the EEA state in
the directive is to assist businesses to set up which that title has been granted. You must also state
services in other European member states, and help any general terms and conditions, in particular any
them provide services across EU internal borders. relating to the relevant courts or law applicable to the
The regulations cover not only businesses, but a wide contract (for example, if it is governed
range of ‘competent authorities’ such as central and by Scottish law). You must declare any
local government, and energy assessor accreditation non-statutory aftersales guarantee, if
bodies such as CIBSE Certification Ltd. any, not imposed by law. For example, a
now may be
To achieve this, each member state has set up a boiler installer may provide a guarantee
the time to
single contact point for service providers to use to that they will make any repairs needed
find the information they need, and then the forms within the first year of installation.
check that you comply –
required to complete any legal formalities necessary You must state the price of the
just in case local trading
to do business in that state. Each state has also been service, where price is predetermined
required to review all of its current legislation to ensure for a given type of service. For
standards come
that it does not impose restrictive rules and practices example, the price to join the CIBSE
knocking
that may unreasonably hinder service providers from Low Carbon Energy Assessor scheme
providing services within it. is predetermined. If not obvious, the
The directive is intended to facilitate greater co- main features of the service must be described.
operation between regulatory bodies across the EU, Where there is a requirement to hold professional
and so reduce burdens on business. It also aims to liability insurance, or to offer a guarantee, you must
build consumer confidence in cross-border service give information about the cover and insurer’s contact
provision by making it easier to access information details and limits to the territorial coverage. You
and by improving the quality of services. must also give information on any dispute resolution
At a business level, if the services you provide are procedures you offer, and on your complaints
within the scope of the directive, you must make procedure.
information available to potential users. This includes Regulation 8(2) allows this information to be made
your business name, legal status, VAT number if available in many ways, including supplying it yourself,
applicable and address, including an email address or displaying it at your premises, through a website or by
a number for text messages if available. other electronic means.
FurtHer inFormation
Businesses registered on a trade or public register, Regulation 9(1) requires disclosure of information
the Provision of Services
such as the Gas Safe Register or CIBSE Low Carbon on pricing and how bespoke prices are calculated, if regulations can be obtained
Energy Assessor (LCEA) scheme, must give the name this is requested. You must also declare the relevant
free of charge from the
of the register and their registration number, or professional rules, other activities carried out by your
office of Public Service
information at www.opsi.
equivalent means of identification for that register. If business and any codes of conduct which may apply
gov.uk/si/si2009/draft/
your service is controlled by an authorisation scheme, to the services you provide.
ukdsi_9780111486276_en_1
either in the UK or another EU state, the particulars of This may all seem rather dry, but if the Office of
the relevant competent authority or the businesslink. Fair Trading or local trading standards officers come
the Department of Business,
gov.uk website address (for UK businesses) must be knocking, it could be very important to be aware of
innovation and Skills has
produced additional guidance,
given. So, for example, LCEAs need to state that they these regulations and what they require of you. l
which is available from www.
are accredited by CIBSE.
berr.gov.uk/files/file53100.pdf
Any regulated professional, such as an accountant,
Hywel Davies is technical director of CIBSE.
at the time of going to press.
26 CIBSE Journal February 2010 www.cibsejournal.com
CIBSEfeb10 pp26 legal.indd 26 28/1/10 16:28:39
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