Hamilton Pratt
1 Contributions by Hamilton Pratt Experts
PRACTICE NOTES
Introduction
This Practice Note sets out how the Trading Schemes Act 1996 (TSA 1996) applies in the franchise context. It also reviews the Fair Trading Act 1973 (FTA 1973), the Trading Schemes Regulations 1997, SI 1997/30, and the Trading Schemes (Exclusion) Regulations 1997, SI 1997/31. TSA 1996, together with later regulations made under it, was enacted to curb pyramid selling schemes because, at the time, the measures within FTA 1973 were judged inadequate. Unintendedly, franchises may fall within TSA 1996, as they can be viewed as a ‘trading scheme’. The intention was to tackle such schemes, as the then pre-existing FTA 1973 regime was widely regarded as insufficient.
Trading schemes—what are they?
A trading scheme, for FTA 1973, s 118(8) as amended by TSA 1996, means any arrangements connected with carrying on a business, whether those arrangements are made or recorded wholly or partly in
Commercial
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