Primary Authority is currently available in England and Wales. Coverage in Wales is not automatic and a parallel Wales Primary Authority Partnership will need to be created. This is being pursued by Nielsen Brandbank and we will advise our customers when this has been created. Primary Authority is not yet available in Scotland or Northern Ireland.
However, businesses whose main address is in a UK territory other than England but who nonetheless trade in England, may still be protected by the scheme. However, Nielsen Brandbank offers no warranty or guarantee that this will be so.
In any event, adhering to the Assured Advice in these countries, may still contribute to a business’ due diligence obligations. For this reason, Nielsen Brandbank has not restricted access to the Assured Advice for businesses across the UK.
WHAT TO DO IF ANOTHER ENFORCEMENT AGENCY TAKES ACTION
It is important that members of the regulated group understand what to do if they are ever contacted by an enforcing authority (other than the Co-ordinating Primary Authority) who proposes to take enforcement action against them.
The enforcing authority, proposing to take enforcement action against a business, is only required to notify the Co-ordinating Primary Authority (who may block the action), if they are aware that the business is a member of a regulated group. Do not rely on the enforcing authority finding this out for themselves.
While guidance states that the enforcing authority should ask you whether you are relying on Primary Authority advice, we recommend that you ensure you communicate this as soon as possible, and do not wait to be asked. (21.5)
We recommend that you inform the enforcing authority that you are a ‘member of a co-ordinated group under Primary Authority, with Cambridgeshire Trading Standards’, and keep a record of that communication. It will also be of assistance if you were to inform either or both, the Primary Authority or the Co-ordinator (Nielsen Brandbank).
Once a Co-ordinating Primary Authority receives notification, statutory time limits apply (usually 5 days) in which time they must respond to the notification. (21.9 & 21.10)
Further information can be found in published Statutory Guidance, available here. For your assistance, the number references relate to the relevant paragraph of that document.
The Assured Advice of the Regulated Group is entirely owned by the Primary Authority (Cambridgeshire Trading Standards). Brandbank Nielsen accepts no responsibility or liability for any action or inaction taken by its customers and/or members, arising from the Assured Advice or any of the content on this web page.
Nielsen Brandbank has not restricted access to the Assured Advice. Therefore, non-members may access it but they will not be afforded any rights or protections under the Primary Authority scheme by following the advice.