This extensive range of enforcement responsibilities is often dealt with by a single department within a local authority and can result in a lack of resources and training or awareness in relation to particular issues.

It may lead to inconsistency of approach across the country or the prioritisation of certain enforcement issues at the expense of others.

As a result of a lack of uniformity in approach from local authorities, the Trading Standards Service established a separate body known as the Local Authorities Co-ordinators of Regulatory Services (LACORS) whose purpose includes the assurance of uniformity of enforcement by all trading standards authorities in the UK.

The most senior officers of LACORS' executive are ex-TSOs and their management board is made up of elected members from the various types of local Trading Standards Authorities (TSAs). LACORS also benefits from ongoing advice and assistance from regional groupings of chief Trading Standards Officers.

Chief TSOs within the regional groupings hold regular meetings in order to exchange views and ensure that policies are coordinated and that enforcement is uniform. In addition, there are a number of specialist panels giving bespoke legal advice about particularly difficult trading standards law issues.

LACORS are also responsible for what has become known as the "home authority" principle.

In basic terms it means that each local TSA takes responsibility for ensuring that businesses based within its jurisdiction, but doing business over a much wider area, comply with all relevant trading standards law. It is, in principle, accepted that the advice given by the home authority to local businesses will be supported by all other TSOs throughout the UK.

TSO powers TSO's enforcement powers are extensive. Unlike the police, who derive most of their statutory powers from the Police and Criminal Evidence Act 1984 (PACE) alone, local authority officers derive their powers from the legislation which they enforce.

Those powers, although varying slightly from one statute to the next, generally consist of the following: the power of entry; the power of inspection; the power to require information and assistance; the power of search, if necessary under a warrant; the power of seizure;

the power of suspension of movement or prohibition of supply of goods; and the power to make test purchases.

Most of these powers will be exercised during normal business hours and, wherever possible, TSOs will attempt to operate in a consensual atmosphere. It is important to note that TSOs do not have the power of arrest.

Trader's obligations Traders are under a duty to assist TSOs during the course of their investigation. Many acts of Parliament make it an offence to obstruct a TSO in the course or execution of his/her duty.

This offence may be committed where a person fails to provide reasonable assistance or information to a TSO.

Traders should be aware that they may also be prosecuted for acts of obstruction carried out by their employees.

A trader's rights An investigation may take the form of an unannounced visit or an enforcement letter which alleges that an offence has been committed.

A trader has the right to ask a TSO to explain under which statute those powers are exercised and may also ask for an explanation to some degree of precision. An officer who is not well prepared may be caused to think carefully about the statutory basis for the action which he proposes to take.

If an "enforcement letter" is received that alleges an offence may have been committed for example, as a result of a complaint/test purchase, it is likely to ask a list of questions. The response will vary accordingly.

The only general rule is do not ignore it. If necessary, acknowledge and promise a response in due course.

Generally you will need to consider the powers of the relevant enforcement officer, your obligations to answer and the possible liability for a failure to respond. Before any response is made you should ensure that you are in possession of all the facts.

Carry out a full investigation of your own records and obtain statements from relevant employees. If necessary, request further information from the officer.

Where a written or oral request for documents is received it is necessary to evaluate whether the officer has the power to require the documents. This may involve making an assessment of the officer's state of knowledge. An unreasonable failure to comply with the request may lead to prosecution for obstruction or the officer obtaining a search warrant on application to the court.

Trader protection Where the officer does have evidence of an offence, traders are entitled to the protection of Codes B and C of PACE. Under Code B, the officer is required to give notice of his powers, and state the purpose of the "search" (providing, by implication, details of the alleged offence and the documents sought). Under Code C a caution must be given.

Nonetheless, evidence obtained in circumstances where there has been a material failure to comply with the Codes of Practice is still prima facie admissible. However an attempt may be made at trial to render such evidence inadmissible under Sections 76 and 78 of PACE, provided the evidence is prejudicial and has been unfairly obtained.

The officer may make a direct approach to an employee, either as part of an unannounced visit, or possibly make a visit to an employee at home.

Staff need to be trained on how to deal with such approaches and should normally refer all such approaches to their immediate manager without answering questions or providing any documentation.

Admissions made by junior staff will almost certainly not be evidence against the company but admissions made by managers may be, particularly if they have been cautioned.

It is important to remember that TSO investigations are often policy driven and local authority priority areas will vary year on year.

James Lowe is a solicitor in the Corporate Defence Department at DLA.