The range of frameworks and regulatory bodies. - Business Context Flashcards

1
Q

What are the Regulatory Bodies (5)

A

Information Commissioners Office (ICO)

Health and Safety Executive (HSE)

Equality Advisory Support Group

Human Rights Commission

Prosecution Services

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2
Q

What are the Roles of the Information Commissioners Office? (3)

A

Regulates freedom of Information

Protects Personal Data

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3
Q

What are the Responsibilities of the Information Commissioners Office? (3)

A

Promotes good practice in data handling

Advice and guidance on data protection

Help comply with the law

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4
Q

What are the Powers of the Information Commissioners Office?
(5)

A

Issue notices: take/refrains from certain actions

Enforce total bans on processing personal data

Imposes Fines: Civil monetary penalties (CMP)

CMP Fines up to 17Mil or 4% global turnover

Investigates Prosecutes criminal offences under legislation it regulates

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5
Q

What are the Roles of the Health and Safety Executive? (1)

A

To prevent workplace death, injury or ill health

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6
Q

What are the Responsibilities of the Health and Safety Executive? (4)

A

Advice, information and guidance

Targeted inspections and investigations

Take enforcement action against breaches

Issue permits and licenses for hazardous practices

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7
Q

What are the Powers of the Health and Safety Executive? (5)

A

Enter premises, inspect / investigate

Obtain info, take witness statements

Seize, condemn, destroy dangerous items

Collect evidence, samples, photos, measurements

Impose fines, disqualification and imprisonment

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8
Q

What are the Roles of the Equality Advisory Support Service? (1)

A

Assist individuals on equality/human rights

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9
Q

What are the Responsibilities of the Equality Advisory Support Service? (4)

A

Offer advice about discrimination in:
employment, housing, education, transport

Resources and templates to use in workplace

Helpline telephone line/ online support

Support informal dispute resolution

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10
Q

What are the Powers of the Equality Advisory Support Service? (3)

A

No power to enforce legal compliance with equality, human rights laws

No power to offer legal assistance/ advice to individuals wishing to bring case to court

Potentially be able to refer other agencies with help prosecution of cases

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11
Q

What are the Roles of the Equality and Human Rights Commission? (1)

A

Enforce the legislation of Equality Act 2010

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12
Q

What are the Responsibilities of the Equality Advisory Support Service? (3)

A

Reduce inequalities/ eliminate discrimination

Promote, protect human rights

Protect people’s fairness, dignity, respect

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13
Q

What are the Powers of the Equality Advisory Support Service? (5)

A

Investigate complaints of unfair/unequal treatment

Offer legal assistance to victims of discrimination

Intervention: expert submission in court case

Court orders restraining actions/failure to comply

Judicial reviews if public bodies breach legislation

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14
Q

What are the Data Protection Act 2018 Principles and Rights of Individuals? (8)

A

Fair and lawful = To object

Kept Safe and Secure = To be informed

Accurate and Up to Date = To right of Access

Specific for its Purpose = To Data Portability

Not Kept Longer Than Needed = To Restrict Processing

Takes People’s Rights into Account = To Be Forgotten (DATA ERASED)

Adequate and Sufficient for What is Needed = To Reform of Incorrect Data

Not to Be Transferred Outside the EEA = Automated Decision Making and Profiling

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15
Q

What are the Public Authorities? (8)

A

House of Lords/ Commons

National Assembly of Wales

Northern Ireland Assembly

Government Departments

Local Authorities

NHS Boards

Police

School/Colleges/Universities

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16
Q

What does the Freedom of Information Act of 2000 give? (1)

A

Gives a right of access to information held by public authorities

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17
Q

What are the Public Authorities Duties? (3)

A

To adopt and maintain a publication schedule

Transparency on the amount of fees charged

Set out the types and formats of info held

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18
Q

What are the rights of the individual? (3)

A

To make request for information held

Receive written confirmation if info requested is held

Respond to your request within 20 working days

19
Q

What is the Equality Act 2010? (1)

A

Protects people from discrimination in workplace, society.

20
Q

What are the four types of discrimination? (4)

A

Direct discrimination: treating one person worse because of protected char

Indirect discrimination: rule/policy with worse impact on people with protected char

Harassment: treated with hostile, offensive behaviour

Victimisation:
treated unfairly if taking action under Equality Act, or supporting someone to do it

21
Q

What are the 9 protected characteristics (9)

A

Age

Race

Gender

Disability

Religion/belief

Gender reassignment

Marriage/Civil partnership

Pregnancy/Maternity/Paternity

22
Q

Why is there Legislation and Regulations and what does regulations enable? (2)

A

To protect those with a weaker position in any balance of power

Regs, enable ethical organisations to work on a level playing field by ensuring all orgs are subject to same rules

23
Q

What are the protective reasons? (4)

A

Individuals working in large firms.

Customers of any organisation.

Reduce risk of exploitation.

Potential unfair practices.

24
Q

What aims does legislations and regulations aim for? (1)

A

Aim to make the environmental factors as fair as possible for all organisations.

25
What are the positive impacts of legislation and regulations? (4)
Creditors have legal rights if debts are unpaid. Ensures employees are treated fairly and safely. Environmental protection legislation is followed. Competitive activities between businesses are fair.
26
What are the negative impacts of legislation and regulations? (4)
Ban advertising of unsafe/unpopular products. Health and safety regulations control operations. Admin costs increase to comply with legislation. Staff costs increase with national minimum wage.
27
What are the main legislation covering employment laws? (5)
Employment Rights Act 1996. Employment Act 2002. Employment Relations Act 1996 and 2004. The Equality Act 2010. Health and Safety at Work 1974.
28
Why is the Employment Law designed?
To ensure fairness in the relationships between employers and employees.
29
What is the Employment Act 2002? (1)
This Act sets out the minimum grievance and disciplinary procedures required by all employers.
30
What employment disputes are resolved in the workplace and reduce the number of employment tribunals?
pay disputes. dismissal process. fixed term arrangements. flexible working arrangements. disciplinary and grievance procedures. maternity/paternity/adoption leave and pay arrangements.
31
What is the Employment Relation Act 2004? (1)
This Act sets out the requirements imposed on employers and employees regarding trade union membership and industrial action.
32
What are the requirements for the Employment Relations Act 2004? (5)
Recognition of Trade Unions (TU). Industrial action preparations. Right of TU members and employees. Enforce minimum wage legislation. Prohibits improper campaigning (all sides).
33
What is the Health and Safety at Work 1974 do? (1) HASAW
Imposes a duty to ‘ensure as far as is reasonably practicable the health, safety and welfare at work’ based on measuring risks against prevention costs.
34
What are the key points of the HASAW?
Provide a safe workplace. Provide safe equipment. Staff are properly trained. Carry out risk assessments. Provide proper facilities. Appoint a competent person to oversee health and safety.
35
What does HASAW promote?
A legal framework to promote, stimulate and encourage high standards of health and safety, backed with the powers to prosecute any breaches if necessary.
36
What is the Competition Law?
Aims to protect healthy competition by ensuring business organisations do not operate in a manner that involves anti-competitive agreements or practices.
37
What are the legislation of the Competition Law?
The Competition Act 1998. The Enterprise Act 2002.
38
What is the Competition Law Monopolies?
Monopoly situation occurs when one organisation owns all or most of available market share, becoming a subject of Anti-trust laws.
39
What does the Monopoly power mean? (5)
Controls prices. Controls outputs. Has little/no competition. Customers have no option to buy same goods elsewhere. All of which leaves the market open to the Cartel offence. Competitive behaviours regulated by Competition and Markets Authority (CMA)
40
What does the Cartel Offence of monopoly power do? (4)
Rig bids. Fix prices. Limit production or supplies. Share markets or customers. These practices are known collectively as the ‘Cartel Offence’.
41
What is the Cartel Offence in Competition Law? (1)
Sets out a series of banned anti-competition practices making it a criminal offence for any business to form an agreement with competitors or act with monopoly power.
42
What is Consumer Protection? (1)
A section of law designed to safeguard buyers of goods and services against deception, defective products and fraudulent business practices.
43
What are the Legislation of the Consumer protection? (5)
Consumer Rights Act 2015. Consumer Contracts Regulations 2013. Protection from Unfair Trading Regulations 2008. Consumer Credit Act 1974 (amended 2006). Consumer Protection Act 1987.