Further information about using the right formality

All local authorities were set up with default forms for every formality that they normally cover. This is all local authority forms for unitary authorities, and an appropriate set of forms for English shire council and district council formalities. Based on answers given to Email 2 (England and Wales only) and Email 3, you may be assigned a new form that replaces the old one. The new form is assigned if you indicated you want a different tacit consent permission from the BIS default tacit consent settings, or you indicate use of a Local Act.

The following formalities may be covered by local acts:

• Auction premises registration
• Busking licence
• Car boot sale authorisation
• Hairdresser registration
• Market stall licence
• Massage and special treatment premises licensing
• Massage and special treatment therapist registration
• Second hand dealers
• Street trading licence
• Tattooists, piercing and electrolysis licence

Some formalities will always have the same tacit consent permitted settings. This is as set by legislation or because they are registrations or notifications rather than permits and only simple checks that the form is 'sensible' are required. The list of these is in the Formalities List spreadsheet (in worksheet 'Fixed TC').

For other formalities, if you disagree with the tacit consent shown, refer to the Formalities List spreadsheet, which lists what BIS thinks every LA formality should be, based on your answers to email 2 and 3.

Please note:

• If you have not sent in email 2 (England and Wales only) and email 3 at least two weeks ago, your desired setting may not be there.
• In a few cases there were queries over one of these emails and if they have not been resolved, your desired setting may not be shown.
• In some cases we have received your email 3 but not your email 2. In these cases we have not implemented tacit consent default changes.
• It is possible some email 2s and 3s got lost en-route. The spreadsheet lists the ones which have been processed.
• If we have not processed your email 2/3 please either wait the two weeks or submit/resubmit them as required.
• You may have more than one formality listed to cover the activity. If one of them is the 'right' one then you can proceed normally. The wrong ones will get deleted.
• If you have edited the “wrong” one in previous sessions on ELMS, or deployed it, then firstly do not edit further, secondly suspend the formality if it is deployed. We are investigating to see if we can copy across the data you have entered already, we will not do this if you start to edit the “right” one.
• If the spreadsheet shows you have submitted emails 2 and 3, none of the conditions listed above are true but you still have the 'wrong' legislation or tacit consent setting, then use the ELMS feedback form:
  • Topic must be 'Formality change'.
  • In the description put the Current formality ID and Service name (you can paste these from the Manage formality details screen). Put the new setting for Legislation and/or Tacit Consent Permitted that you want.
• If you have more than one or two changes, it will be easier if you resubmit your Email 2 or Email 3 (and it will be handled in the same time frame).

Last updated: 17 Aug 2010, 12:16