(and SMA in particular doesn’t have the same negative impact as EMA).
As for the issue of EMA, that’s simply an accounting and we only know about it because there are some (many) people at the CMA who are aware of it.
For example there was a report in June 2015 showing that the CMA had received nearly 300 EMA notices in the past few months, many of which were from people saying their house had been repossessed. That is a very high rate of use of the EMA system and suggests that EMA usage is on the up.
The EMA system could benefit the public if there were no other ways to collect the information needed under the law.
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What is the law?
A statutory notice is a court order giving a court one or more of several powers to compel a person to do something. A statutory notice can be:
the court’s written decision to issue a statutory notice;
a statutory notice given to a person under section 18 of the Fair Trading Act 1996, or the enforcement of such a notice;
a notice given by the court that gives a court, a police authority or a council authority (or a person specified in the notice) powers to enter premises if a person has not complied with a statutory notice;
a statutory notice issued under section 7 of the Criminal Justice (Care and Protection of Children) Act 1991 (c. 44 (the Dangerous People Act) or section 24 of the Children Act 1989; or a statutory notice given by a constable or police officer to a person under section 16 of the Road Traffic Offenders Act 1990 or sections 23 and 25 of the Highway Traffic Act 1990).
Why we think this is important
The law is based on the principle of disclosure. Disclosure is necessary to avoid a situation where information could be misused. If the law were to prevent someone getting information from the police or other authorities, it would be a case of too much transparency and therefore would prevent them from getting proper help and information to resolve their own situations, and would effectively deprive them of an effective means of communicating about their rights and obligations under the law.
More from the government’s policy review
A former police detective is facing accusations he sexually abused a teenager during an underage drinking campaign.
Matthew Jager – who worked undercover for the Met and the Criminal Cases Review Commission – has admitted indecently assaulting
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