Archive for December, 2009

Video Recordings Act 1984 is not currently enforceable in UK courts

Friday, December 18th, 2009

On 15 December 2009 the Government published the Video Recordings Bill which is designed to correct an astounding anomaly discovered this summer that means the Video Recordings Act 1984 is not currently enforceable in UK courts.

This “anomaly” arose owing to the Government’s failure in 1984 to notify the European Commission before the Act became law.

Above everything else, this clearly demonstrates how significantly UK sovereignty has been diluted as a result of integration within the European institutions.

Luckily, since this rather serious discrepancy has been revealed, retailers have taken the responsible approach by continuing to observe the age ratings system applied to films and video games on a voluntary basis.

Once the VRA 1984 has been brought into force, the Digital Economy Bill will amend the Act by introducing a new system of classification for boxed video games.

Sarah Fellows

Posted by Sarah Fellows
0115 976 6242
sfellows@brownejacobson.com

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Ethnicity vs. religion – JFS loses admissions battle

Thursday, December 17th, 2009

The Supreme Court has found that the Jewish Free School racially discriminated against an applicant when it refused a place to a pupil who it did not consider to be ethnically Jewish. The school refused the boy admission even though he regularly attended a synagogue because the boy’s mother had become Jewish by conversion with a Progressive synagogue. The Office of the Chief Rabbi (OCR) rules stipulate that only conversions with an Orthodox synagogue are recognised.

The court found that the school’s admissions policy in this way amounted to direct race discrimination under the 1976 Race Relations Act and that the OCR rules implied a reference to ethnic origin prohibited under the Act.

This ruling clearly spells the end for admissions policies based on OCR criteria. However, it also has the potential to impact on aspects of admissions policies in other faith schools. What remains to be seen is whether this judgment will have any application outside of faiths where there is close interrelationship between faith and ethnicity such as is found in Judaism.

Mark Blois

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

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Have a REAL Merry Christmas – Who wants a FAKE Christmas Present!!!

Thursday, December 17th, 2009

As we all run into the last week of the Christmas shopping frenzy and the inevitable sales, the combination of a climate where money is tight and the desire for a bargain could mean some of us end up paying a high price for fakes. The criminal underworld gear up for this period and millions of poor quality counterfeits will be hitting the UK market stalls and car boot sales.

Warnings from the UK IPO indicate that we all should be particularly aware of the following types of goods which may have all the external appearance of the genuine article:

  • mobile phones, and their accessories
  • ghd hair straighteners – can be electrically unsafe and potentially life-threatening
  • Nintendo DS Lite consoles – the charger could be dangerous
  • video games – often contain viruses
  • children’s toys and action figures, which may have loose parts or contain toxic materials
  • perfumes, cosmetics and personal care items
  • alcoholic drinks – high levels of methanol can be lethal
  • Christmas lights and batteries

A new campaign – www.realdealmarkets.co.uk- which is supported by the Trading Standards Institute, has been developed to help consumers choose markets and stalls that have been vetted by trading standards. The question is why – is the consumer really that naïve? It is not only the counterfeiters that should bear the blame for this burgeoning criminal industry, the average consumer knows that when he or she is getting a bargain that’s too good to be true then it probably is too good to be true. While consumers obviously need protection they also need to take more personal responsibility for contributing to one of the UK’s growing criminal industries, including restrictions on any remedies available to them.

Declan Cushley

Posted by Declan Cushley
0121 237 3991
dcushley@brownejacobson.com

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ISA report revises rules and reins in its scope

Tuesday, December 15th, 2009

Following a request from the Government to review the degree of contact with children which should trigger the requirement to register with the Independent Safeguarding Authority (ISA), the Chair of the ISA, Sir Roger Singleton, released his report, Drawing the Line yesterday.

To those who have been critical of the scope of the vetting and barring scheme, it will come as some surprise that the scheme has been relaxed – removing the need for an estimated 2m people to register. Is this a decision made with the best interests of children in mind, or is it a politically motivated decision designed to make the highly criticised ISA appear more workable?

Mark Blois

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

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Are the new ISA rules "disproportionate to risk"?

Friday, December 11th, 2009

Seven main representative organisations for schools and college leaders have written to Ed Balls requesting changes to the vetting and barring scheme stating the new rules are ‘bureaucratic and will not guarantee safety’. This is not the first time government has been criticised over the scheme, leading to it considering the complaints in a recent review.

The signatories claim that the requirement for volunteers to register with the ISA mean there will be a reduction in the support from parents and student helpers in schools, help that Head, Julie Robinson, vice-chairman of the Independent Association of Prep Schools, says is genuinely needed.

With the review out imminently it will be interesting to see how the DCSF and the ISA reacts having been on the receiving end of such broad and public criticism. There is no doubt the system needed an over-haul but has the pendulum swung too far and now risks deterring genuine volunteers?

Mark Blois

Posted by Mark Blois
0115 976 6087
mblois@brownejacobson.com

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Under the Influence

Friday, December 11th, 2009

A total ban on alcohol advertising must be introduced by the Government to halt an epidemic of problem drinking say doctors again… 

Under the Influence is the latest report from the British Medical Association (BMA) that seeks to highlight the damaging effect of alcohol marketing on young people. It says its’ aim is: 

“to identify effective ways of protecting young people from the influence of alcohol promotion and marketing, thereby redressing the excessively pro-alcohol social norms to which they are exposed”. 

It claims that the £800m the industry spends each year on marketing alcohol serves to normalise alcohol as an essential part of every day life, adding that it is therefore no surprise that young people are drawn to alcohol. 

This isn’t the first time that the BMA has beaten this drum. To date, the Government have stood firm and supported the self regulation of advertising of alcohol that is administered by the Advertising Standards Authority (ASA). In 2007, the Department of Health said: 

“We are also working closely with alcohol drinks industry and non-industry stakeholders on promoting more responsible drinking and preventing alcohol misuse.” 

Earlier this year they said: 

“it’s not always right to legislate,”. 

Do you trust in the ASA’s ability to effectively self regulate? Responsible advertising of alcohol encourages the audience to switch brands not drink harmfully. Industry partnerships with the Government are likely to be far more effective in the fight against the binge culture that we have in Britain with projects like the Campaign for Smarter Drinking. 

Agree or disagree?

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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On the 9th day of Christmas my Darling gave to me…

Thursday, December 10th, 2009

…tax savings for SME research and developers?

Yesterday, Alistair Darling announced that he intends to reduce corporation tax on income flowing from licensing of patents to 10%

His noble aim is to encourage research and development in the pharmaceutical and biotech industries. Great news for the SME you might have thought.

There is a downside though – the reduced rate only applies to income from April 2013, and it only affects patents granted after the legislation is passed (which may be in 2011) – so don’t break open the bubbly just yet.
 
Of slightly more immediate benefit to those who develop technology is the Government’s announcement (to be included in the Finance Bill 2010) to make it easier for SMEs to take advantage of research and development tax relief.

If the legislation is passed, SMEs will no longer have to demonstrate that any intellectual property deriving from the relevant research and development is owned by the company making the claim for relief. The enhanced relief (of up to 175% of qualifying expenditure) may well be more widely available as a result, so it’s a good time to check whether you qualify.

Mark Daniels

Posted by Mark Daniels
0121 237 3993
mdaniels@brownejacobson.com

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So I will be able to eat all the pies?

Friday, December 4th, 2009

The Food Standards Agency has launched a consultation, aimed at reducing saturated fat in food products. It is suggesting that their proposal will also increase the availability of healthier options and smaller portion sizes in savoury snacks.

The proposal includes plans to secure the reduction in the fat and saturated fat content of sausages, meat pies and pastries, to make single packs of 30g or less more widely available and increase the promotion of/encouraging consumer interest in the smaller pack sizes. For all food products the FSA want companies to increase marketing efforts towards the promotion of reduced/low-fat options.

The FSA’s proposal is in line with the European Commissions Regulation on Nutrition and Health Claims which, contrary to popular belief, is there to encourage the use of nutrition and health claims on food not stifle such use. Healthy food is an area that is set to demand a huge amount of research and development in the forthcoming years, and Europe and the Government are likely to support this. However, once developed, the healthy food has to be signed off as actually “healthy” by the rigorous scientists at the European Food Standards Agency – this is currently where the plan for a healthy Europe may come unstuck!

Fiona Carter

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com

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