MW - a friendly safe haven site about regular life and our path through life. Free to all that find us and wish to participate.
Fradulent Mediumship Act 1951 amended in 2008
Posts : 11
Join date : 2019-09-04
|Subject: Fradulent Mediumship Act 1951 amended in 2008 Wed Sep 04, 2019 8:33 pm|| |
U K Legislation
6th April 2008
The Fraudulent Mediums Act (1951)
Is repealed and replaced by
Consumer Protection from unfair trading
UCPD: Unfair commercial practices Directive
The repeal of the Fraudulent Mediums act (1951):
The Fraudulent Mediums Act (1951) has been repealed (April 2008), and the services offered by psychics, clairvoyants, healers, and other spiritual practitioners will now become the subject of control by consumer law (CPRS; UCPD regulations, stated later in this document). This means that if an individual supplies good or services for money, money’ worth, and that the consumer deems those good or services to be "defective" then the consumer has a right in law to seek compensation and damages.
The office of Fair Trading (OFT) states that there are 3 banned commercial practices (which govern all kinds of service providers, including professional (fee-charging) mediums/healer/spiritual practitioners’ etc. Below is reproduced a letter from an OFT Correspondent, Mr Peter Deft (Mr. P) CCP:
The consumer Protection from Unfair Trading Regulations will put in place a comprehensive framework for dealing with sharp business practices and rogue traders, which harm the economic interest of consumers. The regulations set out broad rules outlining when commercial practices are unfair. These fall into four main categories:
A general ban on conduct below a level, which may be expected towards consumers (honest market practice/good faith). This is intended to act as "safety net" protection for consumers.
Misleading practices such s through the provision of false or deceptive messages or by omitting important information that consumers need (in order) to make informed choices.
Aggressive sales techniques that use harassment, coercion or undue influence.
For a practice to be unfair under these rules it must harm, or be likely to harm, the economic interest of consumers. Where a person pays for spiritualistic services ( or as another example, astrological services) knowing full well what they are buying we think this is unlike to be unfair.
This is because the consumer would not have been misled into taking a transactional decision he would not otherwise have taken. As such the regulations are not concerned with belief they are intend to prevent consumers from being ripped off.
in addition, the regulations ban 31 specific practices outright. None of these are directed at spiritual services.
The 31 banned commercial practices, which are in all circumstances considered unfair by the office of fair-trading (OFT).
Claiming to be a signatory to a code of conduct when the trader is not.
Displaying a trust mark, quality mark or equivalent with having obtained the necessary authorisation.
Claiming that a code of conduct has an endorsement from a public or other body, which it does not have.
Claiming that a trader (including his commercial practices) or a product has been approved, endorse, or authorised by a public or private body when the trader, the commercial practices or the product have not or making such claim without complying with the terms of the approval, endorsement or authorisation.
Making an invitation to purchase products at a specified price without disclosing the existence of any reasonable grounds the trader may have for believing that he will not be able to offer for supply, or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are, reasonable having regard to the product, the scale of advertising of the product and the price offered (bait advertising).
Making an invitation to purchase products at a specified price and then
refusing to show the advertised item to consumers
refusing to take orders for it or deliver it within a reasonable time, or
demonstrating a defective sample of it, with the intention of promoting a different product (bait and switch).
Falsely stating that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.
Undertaking to provide after-sales service to consumer with whom the trader has communicated prior to a transaction in a language which is not an official language of the EEA State where the trader is located and then making such service available only in another language without clearly disclosing this to the consumer before the consumer is committed to the transaction.
Stating or otherwise crating the impression that a product can legally be sold when I cannot.
Presenting rights given to consumers in law as distinctive feature of the trader’s offer.
Using editorial content in the media to promote a product where a trader has paid for the promotion without making that clear in the content or by images or sounds clearly identifiable by the consumers (advertorial).
Making a materially inaccurate claim concerning the nature and extent of the risk to the personal security of the consumer or his family if the consumer does not purchase the product.
Promoting a product similar to a product made by a particular manufacturer in such a manner as deliberately to mislead the consumer into believing that the product is made by the same manufacturer when it is not.
Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is.
derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.
Claiming that the trader is about to cease trading or move premises when he is not.
Claiming those products is able to facilitate winning in games of chance.
Falsely claiming that a product is able to cure illness, dysfunction or malformations.
Passing on materially inaccurate information on market conditions or on the possibility of finding the product with the intention of inducing the consumer to acquire the product at conditions less favourable than normal market conditions.
Claiming in a commercial practice to offer a competition or prize promotion without awarding the prizes described or a reasonable equivalent.
Describing a product as "gratis"," fee", without charge" or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item.
Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer.
Including in marketing material an invoice or similar document seeking payment which gives the consumer the impression that he ha already ordered the marketed product when he has not.
Crating the false impression that after-sales service in relation to a product is available in an EEA State other than the one in which the produce is sold.
Crating the impression that the consumer cannot leave the premises until a contract is formed.
Conducting personal visits to the consumer’s home ignoring the consumer’s request to leave or not to return, except in circumstances and to the extent justified to enforce a contractual obligation.
Making persistent and unwanted solicitations by telephone, fax, e-mail, or other remote media except in circumstances and to the extent justified to enforce a contractual obligation.
Requiring a consumer who wishes to claim on an insurance policy to produce documents which could not reasonably be considered relevant as to whether the claim was valid, or failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his contractual rights.
Including in an advertisement a direct exhortation to children to buy advertised products or persuade their parents or other adults to buy advertised products for them.
Demanding immediate or deferred payment for or the return or safekeeping of products supplied by the trader, but not solicited by the consumer, except where the product is a substitute supplied in accordance with regulation 19(7) of the consumer Protection (Distance Selling) Regulations 2000 (inertia selling) ().
Explicitly informing a consumer that if he does not buy the product or service, the trader’s job or livelihood will be in jeopardy.
Crating the false impression that the consumer ha already won, will win, or will on doing a particular act win, a prize or other equivalent benefit, when in fact either there I no prize or other equivalent benefit, or
taking any action in relation to claiming the prize or other equivalent benefit is subject to the consumer paying money or incurring a cost.
General guidance for safer practice
(NB: the following lists are not meant to be definitive or comprehensive.
Please refer to your professional regulatory body’s code of ethics)
Some of the Issues and Safe-Practice Guidelines concerning all kinds of Spiritual Practitioners are now discussed
A reminder about contracts:
A professional contract is usually an agreement between two or more parties; and payment is made by the consumer for services that are promised by the trader or supplier (therapist/healer/medium/psychic reader/therapeutic practitioner/organisation etc). If traders do not fulfil contract, consumers have legal right to seek claims a
Affiliate to yourself to a professional regulatory body or organisation, which usually has in place:
A comprehensive and professional code of ethics and good practice
A disciplinary and complaints procedure
A training and accreditation programme which affords all of its members the recognised status of "competent to practice".
Professional indemnity insurance for all of its members.
Whatever professional service you are offering to consumers: at the very least, make sure that you are covered by professional indemnity insurance.
Always stress the spiritual law of personal responsibility: make it quite clear that your clients do not have to follow any guidance or advice that anyone gives them: remind your clients that they are personally responsible for making any choices or decision in their lives.
Treat all clients/members of the public with dignity and respect at all times.
Never promise what you cannot deliver.
Remember that each transaction (commercially or otherwise) might be viewed by clients as a form of "contract", and that before the client/member of the public begins to interact with you, the terms of this "contract" should be fully understood and agreed by both parties.
Do not exaggerate your claims, or use aggressive tactics or undue influence in providing your service to any client/member of the public.
Do not make any medical diagnoses (unless you are medically qualified to do so)
Do not contradict any medical practitioner’s advice or treatment.
Do not make a psychic or a clairvoyant diagnosis (this might cause vulnerable clients to suffer psychological or emotional harm)
Be careful when working in any state of "trance Control" (clients cannot prosecute a spirit guide they can, however, prosecute a medium or a channeller)
Do not enter into any sexual relationship or inappropriate liaisons with any clients (clients could often be described as "vulnerable")
If you particular practice requires you to touch your clients, remember that you must negotiate this treatment at each step of the way, and that the client’s agreement must be obtained.
If you feel it is appropriate, have a trusted chaperone (or witness) in the room with you when you are delivering your treatments.
Make sure that your clients fully understand the "service/s" that you are offering, and the terms on which you are offering them, and that they agree to these terms before any commercial transaction takes place.
Remember that your clients have a right to confidentiality, especially during private consultation (except when you are required by law to produce client-records or ‘give evidence’ in court. There are other legal requirements too study your regulatory body’s professional code of ethics)
Do not offer your services to children under the legal age of 8 without first obtaining parental consent (there are certain circumstances in which children between the ages of 16 and 18 may be considered in law to be adults, especially if they are parents themselves always follow your professional code of ethics guidelines).
Keep all client records and history-taking forms securely under lock and key, in accordance with the Data protection act 1988 (keep data for seven years, even it the client is deceased document can still be subpoenaed by courts).
In any therapeutic or healing situation, never make a promise of a ‘cure’: this cannot be guaranteed (and clients might later hold you to account)
Mediums: do not claim to be able to contact specific discarnate personalities.
If you decide to tape-record your consultations, do so only with the client’s permission. If you feel it is appropriate, offer your clients a copy, and keep one for you own records.
Make sure your clients understand that they are paying for your time and your consultation/therapeutic skills and not necessarily for the results of the treatment/experiment.
Avoid giving mediumistic/psychic/clairvoyant advice to your clients, and do not allow spirit communicators to unduly influence your sitters’ decisions
Beware of making pronouncement/diagnoses about the ‘future’ and making ‘predictions’: instead, explore your client’s ‘options’, and press home the spiritual law of personal responsibility.
Participants in Psychic/spiritual/Mediumistic Workshops/Teaching Seminars:
It might be wise to enquire of workshop participants whether they know of any medical or psychiatric reason, which indicates that they should refrain from participating in event during which they might experience any altered states of consciousness, or be affected by any meditative practices.
The new laws are meant to protect "vulnerable" people. Before the coure commences, if a "vulnerable" student is identified, it might be wiser to ask them to leave and to refund their payments in full. If, during a course, an individual appears to be "vulnerable" or seems to be adversely affected by the proceedings, you might be wise to have a qualified counsellor on standby to deal with the distressed student.
Spiritual Healing/Reiki Healing/other forms of Complementary ‘Healing’, Any Kind of ‘Healing’ Therapy:
If a fee is being sought and paid by a patient then this constitutes a contract for services. Ask your clients to fill out comprehensive record-forms which also state that your therapeutice help is a form of complementary medicine (not alternative medicine) and that it is not meant to be a substitute for allopathic (or traditional ) medical or surgical treatment. Make sure that your client/patient signs and dates all appropriate forms and disclaimers etc.
Please note that organised healer-training bodies instruct and accredit their healers; for example: the UK Healers is now a nationally recognised self-regulatory body for spiritual healers therefore, in the event of any breach of code of practice, disciplinary action can be brought against any practitioner operating within this regulatory body.)
You might be wise to refer to your treatment in full, such as "Spiritual Healing" treatment; "Reiki Healing" treatment etc: if you refer to your treatment simply as "healing", some clients might misconstrue this as a promise, or a contract to be ‘healed’.
Psychic Telephone ines, and unsolicited ‘Psychic Letters’ through the Post:
Psychic News has received an amount of correspondence dealing with various kinds of ‘scams’ procedure, and the advice given by the Consumer Office is that in the case of ‘psychic’ letters, these should be immediately destroyed. However, under the new CPRS, it is possible that if there is a significant number of complaints reported to Consumer Trading, and the origin of these ‘psychic’ letters can be traced, it can be further shown that they have affected "vulnerable" individuals, a prosecution might be effected. Similarly, the number of some psychic hotlines operating on 0906 numbers might eventually come to the focused attention of the Office of Fair Trading
One-to-one Consultations/Private Readings or Sittings:
In one-to-one sittings mediums might be wise to put in place additional disciplines. Some mediums already provide a tape-recording of their reading for the sitter: mediums might like to consider keeping a further copy for themselves, with the consent of the sitter, on a verbal undertaking that the contents will not be disclosed to any third party (unless required by law). (Issues for consideration: if the sitter is affected by the content of the reading and later considers litigation, it cannot be overlooked that there might be a possibility of him/her tampering with the tape in order to put a negative slant on the reading.)
General, Client-signed Disclaimer Statements:
It might be a much safer action to get the sitter or client to read a printed statement about the service that I being offered, laying out clearly what can be (and cannot be) expected from this contracted service and what the payment is being made for. The statement should include the fact that no results can be guaranteed and that any ‘guidance’ or ‘advice’ is offered simply for consideration. Psychic practitioner would be wise always to stress the spiritual law of personal responsibility: that clients are personally and legally responsible for the choices that they make in their lives, both now and in the future. Clients might be asked sign these terms of agreement, which might also include a statement that the client will not old the medium (therapist or organisation) in any way legally responsible for the state of their physical, emotional or psychological health, both now and in the future. (See suggested disclaimer statements in this document. For comprehensive lists of client ethical issues to avoid in private consultation see the book on mediumistic, healing and psychic development by Stephen O’Brien, "The power of your spirit develop your natural psychic abilities".
Posts : 11
Join date : 2019-09-04
|Subject: Re: Fradulent Mediumship Act 1951 amended in 2008 Wed Sep 04, 2019 8:39 pm|| |
Mix-and-Match, as appropriate
I accept that this consultation is a holistic approach to matters concerning the spiritual, mental, psychological, emotional and physical aspects of my life, and that I am participating in a scientific and holistic experiment. The Clairvoyant/Medium/Therapist may try to provide me with information that might help me to achieve a positive improvement in my lifestyle, thought this cannot be guaranteed. I am not aware of any medical or psychiatric condition that may affect my interpretation of this consultation; I voluntary seek these services for myself and I assume full responsibility for my decision.
(If you wish to tape-record the proceedings, first obtain the client’s agreement). I acknowledge that a taped copy of this sitting will be given to me and that the Clairvoyant/Medium/Therapist is permitted to keep a copy in their possession for record purposes only, and they do not have permission to disclose the contents to any third party without my written consent.
(Note: It might be wise to think twice before enrolling any student on any course if she/he has a history of mental illness or emotional disturbance: in the interests of client-care and safe practices issues, you might be wiser to refuse this person admission.)
I accept that during my attendance on this course/seminar/workshop/teach-in, I will be participating in scientific, religious, holistic, esoteric and philosophical studies which might have an effect on my conscious or subconscious mind; and I accept that the results of these experiment/workshops/course cannot be guaranteed, but I am prepared to freely participate.
I am not aware of any medical or psychiatric health condition that may preclude me from undertaking this course.
Either: I am not taking any medically prescribed or self-medication drugs or therapies, which may affect my decision to participate.
Or: Being on medically prescribed drugs, I have had the opportunity of consulting my medical practitioner before accepting a place on this course and have enquired wether or not my active role in this course may adversely my health conditions.
I accept full responsibility for the state of my physical, emotional, spiritual and psychological health and wellbeing, and that it is my personal responsibility to keep my health conditions closely monitored by my family medical practitioner.
I accept full responsibility for agreeing to the terms on which this course is offered: I understand that in my attending any esoteric, holistic, psychic or mediumistic courses or any workshop or seminar that involve self-development or self exploration, my thought-processes are likely to be affected on a conscious and possible on a subconscious level. I am not aware of any medical or psychiatric condition affecting my health which may prelude me from freely undertaking this course. (Then):
EITHER: I am not taking any medically prescribed or self-medication drugs or therapies, which may affect my decision to participate.
OR: Being on medically prescribed drugs, I have had the opportunity of consulting my GP before accepting a place on this course to enquire whether my active role in this course might adversely my health conditions.
I accept full responsibility for accepting and understanding the terms on which this training course is offered: that it is meant to be an introduction to the subject, to stimulate my thought processes as well as to provide me with further knowledge and basic skills in this area of study. I understand that by the end of this course I shall not be a fully trained and accredited professional (XYZ) practitioner.
All forms should be dated and signed by the client/participator
Private Psychic/Therapeutic Consultations:
I understand that all forms of Complementary Therapies are meant to work side-by-side with allopathic (traditional) medical care and treatment, and that they are not meant to be replacements for conventional medicine, or to replace a proper diagnosis and/or medical treatment offered by a licensed doctor (GP).
I accept full responsibility for understanding and agreeing to the terms on which this private mediumistic (psychic/xyz) consultation is offered: that it is a scientific experiment and that no specific results can be guaranteed by my practitioner/reader. I understand that any advice or guidance that is given to me during this consultation is given to me for my thoughtful consideration only, and that I accept full legal responsibility for making any choices and decisions in my life, both now and in the future.
I accept full responsibility for understanding and agreeing to the term on which this (xyz) therapeutic process is being offered to me; and that it is not intended to be a replacement for conventional medical treatment. I accept full responsibility for reporting my state of physical and psychological health and wellbeing to my family doctor or GP/consultant.
Spirituals should therefore be in a position to continue their religion and religious services and the contents thereof (including demonstration of clairvoyance), without any hindrance from outside authorities.
Trance/Transfiguation/Physcial Mediumship Services:
Bearing in mind that sometimes trance, transfiguration and physical mediumship are demonstrated in Spiritualist Churches, these practices could logically be deemed as part of Spiritualist religious service and belief. But if these kinds of services are advertised, inviting the general public to attend for an entrance fee, there is the possibility that this could be construed as a consumer contract.
If a member of the public, new to spiritualism, attends such events not knowing the content of the demonstration they might leave either satisfied, elevated, or, at the very worst, shocked and disturbed. If an attendee then visited a medical practitioner and expressed the view that she/he has become psychologically disturbed by what she/he saw, there could be a possibility that she/he might have a claim to damages (?). Organisation might be wise to issue (publicly) general warning statements to ensure that consumer’s understand what they are ‘buying’ into; and that they know what to expect.
Before suck ticketed Spiritualist demonstration take place(when money is exchanged for services promised), participating members of the public should be warned about what is going to/or might occur.
Suggested General Church Service Announcements:
"Tonight’s demonstration is a form of scientific experiment, during which specific results cannot be guaranteed (and for physical mediumship, possibly add: "And you might see events that you may have experienced before.") You might then be wise to offer a comprehensive explanation of what is to follow, before the event commences; this provides an opportunity for the public to leave if they feel uncomfortable; and their entrance fees can be immediately returned.
Statement by the Spiritualists’ National Union
The Repeal of the Fraudeulent Mediums Act (1951)
(Reproduced with kind permission of its author Graham Hewitt;
these guidelines could be adopted by any Spiritualist Church/Organisation)
Background to the new legislation
On 11th May 2005 the Government adopted the Unfair Commercial Practices Directive, the purpose of which is to harmonise unfair trading laws in all EU member states and prohibit trader in all sectors from treating consumers unfairly.
In order to implement this Directive in UK law the Government are bringing in the Consumer Protection from Unfair Trading Regulation 2007, which will come into force I April 2008 and will have the effect of repealing some 25 pieces of UK legislation, either in part or the Act as a whole. One of the Acts, which will be repealed in full, will be the Fraudulent Mediums Act 1951.
Nature of New legislation
Two statements have been made by government organs, which throw some light on the nature of the new legislation in relation to spiritualist service.
The first is from the Prime Minister’s Office and states as follows:
The Fraudulent Mediums Act 951 will be repealed from April 2008 by the Consumers Protection from Unfair Trading Regulations 2007 (CPRs) which implement the Unfair Commercial Practices Directive (UCPD).
The CPRs includes rules prohibiting conduct, which misleads the average consumer and thereby causes, or is likely to cause him to take a transaction decision he would not have taken otherwise.
Although the average consumer would arguably not be mislead by a person who claims he is able to contract the dead, such conduct would still be unfair under the CPRs if it deceives the average member of (I) the group to which it is directed, or (ii) a clearly identifiable group of consumers who are particularly vulnerable to this type of practice.
Unlike the Act, there is no requirement in the CPRs to prove an "intent to deceive". This means that where practice are aimed at vulnerable consumers or average members of particular groups, it should be easier to take actions against fraudulent mediums than under the Act.
The CPRs will be enforced by both civil (injunctive) action and criminal sanctions.
The second is from the Department of Business, Enterprise and Regulatory Reform:
The CPRs implement the EC Unfair Commercial Practices Directive (UCPD). The Directive harmonises Member States’ law protecting consumers from unfair trading. It requires traders in all sectors not to behave unfairly towards consumers.
The CPRs will apply to the activite of all persons acting in trace or business connected with the supply of goods and services to consumers. The Regulations will prohibit those activities which are misleading or aggressive. So the Regulations will not affect the supply of spiritualistic services in themselves. They will however apply to misleading activities related to the supply of such services. Consumers must be protected from misleading activities by traders connected with the supply of all services including spiritualistic services.
The UCPD’s broad scope means that it overlaps with much existing legislation intended to protect consumers from unfair trading. The Government has decided to repeal most of this overlapping legislation, including the Fraudulent Medium Act, to modernise and simplify the law in this area.
It seems clear from the above that the repeal of this Act has not been triggered by any specific targeting of Spiritualist, mediums, etc (thought there is a body of skeptics that has been lobbying for action against those they see as more dubious practitioners, such as hotline psychics): it appears that the UK is anomalous among European countries for having a separate law dealing with services offered by mediums, psychics, etc. when all other European countries deal with this under there fair trading legislation, and that therefore it is being done as a consequence of the need to be in alignment with European law in this area.
Fradulent Mediumship Act 1951 amended in 2008