(this is a copy of the guidelines as drawn up for the new Government legislations - I would be interested in your comments and views)

Mediumship is about providing proof of life after physical death. Broadly speaking mediums believe that we are essentially spirit and when the body dies the spirit continues. A medium's role is to bring evidence of this loved one's survival and continuing existence after they have died their physical death. Because the intention is to prove life after physical death these messages should be evidence based. However, because evidence is very subjective and very personal it is quite hard to define. What is evidence to one person may not be to another and vice versa.

Although evidence can take many forms it should be evidence that is personal to recipient/enquirer and means something to the recipient/enquirer. This could be in the words or mannerisms that can be attributed to the person coming through or in the form of more direct evidence such as ages, names, descriptions, memories, how they passed, anniversaries or something similar. These are, however, just examples. Even if the message does not contain these it could still provide the evidence that you need. Furthermore, evidence that is given will sometimes not be immediately identifiable. Sometimes it is only in discussion with other members of the family that information comes to light that the recipient may not have previously known. We also have quite bad memories so sometimes we do not remember things clearly or recognise the evidence until later. It should also be remembered that mediums are individuals and as such work in different ways.

A medium may also be expected to aspire to bring spiritual advice and guidance to those living on the earth plane, and to bring the teachings of rather more exalted beings through to those who wish to hear them.

Mediums working on public platform, whether in a church or secular centre, should always ask the recipient's permission to give them a communication from spirit before proceeding with the contact and giving a message.

Mediums should always be mindful of the possible impact of that message, and be wary of passing on anything of a negative nature.

Mediums should remember that they represent the spiritual movement as a whole, and ensure that they are clean and tidy in appearance.

As ambassadors of the spiritual movement, mediums should moderate their language and show respect when they speak towards those they serve, both in this world and in spirit.

There are also some things that are totally unacceptable. For instance a medium should not:

Give predictions including, but not limited to the following:

• Tell you that someone is going to die
• Tell you that someone who is ill is going to get better
• Tell you to change your job
• Tell you to leave your partner
• Tell you to move house
• Tell you your partner is going to leave you
• Tell you your partner is going to have an affair
• Tell you that your prayers are not answered if you are too emotional
• Tell you that you need to pay to have your aura repaired
• Tell you that you need to pay to have a curse lifted
• Tell you that you or your relatives are going to die unless you pay
money
• Tell you that you or your relatives will have bad luck unless you pay
money
• Tell you that you need to buy spiritual artefacts/books
• Reveal the names of people that have been given readings to a third
party
• Repeat anything they have given as a reading
• Reveal any information about you to a third party
• Give obviously confidential information in a public arena
• Embarrass a sitter or member of an audience
• Use information gained from a reading or message to the detriment of
the recipient
• Use information gained from a reading to materially, emotionally,
physically or sexually abuse or control the recipient
• Act in any way that could cause offence
• Become publicly embroiled in religious arguments
• Go into trance during mediumship unless there is someone present
who is able to take responsibility and it has been previously agreed in
writing
• Give messages to those under the age of consent without parental
consent in writing
• Give instructions to people about how to open up without teaching
protection
• Hold development circles without proper training
• Carry out exorcisms or house clearances alone and without proper
training

Information from Various sources

The Fraudulent Mediums Act 1951 was a law in England and Wales which prohibited a person from claiming to be a psychic, medium, or other spiritualist while attempting to deceive and to make money from the deception (other than solely for the purpose of entertainment). It was repealed on 26 May 2008. There were five prosecutions under this Act between 1980 and 1995, all resulting in conviction. The Act was replaced by new Consumer Protection Regulations following an EU directive targeting unfair sales and marketing practices.
It also repealed the Witchcraft Act 1735. It is sometimes said, erroneously, that until 1951 British law recognised witchcraft as real. In fact, the 1735 Act was the first to recognise that magic is impossible, explicitly stating that it was an act against fraud.

SPIRITUALISM
Seven principles
Practised since 19th Century
Believe in god
Believe contact with dead is possible
Many mediums are not spiritualists

Feb 2008

On 6 April 2008, Consumer Protection Law is changing in the UK. The Consumer Protection from Unfair Trading Regulations 2007 (known as the 'CPRs') will come into force. This change is due to an EU Directive designed to standardise consumer protection law across Europe.

The CPRs will affect any business or individual that sells products or services to consumers rather than to other businesses. Much of the existing UK legislation will be amended or repealed at the same time, including the Trade Descriptions Act 1968, the Consumer Protection Act 1987, the Fraudulent Mediums Act 1951 and others.

Note : The final version of the CPRs have not yet been published and so the following is based on the draft Regulations and guidance given by the Office of Fair Trading.

In essence, the CPRs will do three things. They impose a duty on all businesses dealing with consumers not to trade unfairly and not to use misleading or aggressive practices. They also outlaw completely certain practices.

Clearly, it will be important to deal openly and fairly with clients but there are some aspects that will particularly affect healers, readers, psychics and mediums.

False Claims of Cures

One of the practices that are banned completely is “falsely claiming that a product is able to cure illness, dysfunction or malformations”.

There is a real danger that this prohibition could be used by those who oppose alternative and complimentary therapies. Just how far it will be allowed to curb such therapies will depend largely on how the prosecuting authorities and courts decide to interpret the new law.

In the meantime, healers should particularly be slow to make definitive claims in their literature, consultations or healing sessions that they can cure an ailment. It would be far better to simply set out how their treatment might help the client, what it can do, what it can’t do and what it is likely or not likely but possible to achieve. A claim such as “this treatment might help your condition” would be far better than a claim such as “this treatment will cure you.” The latter is likely to be illegal unless you can prove that it will provide the complete cure you suggest.

Misleading or Aggressive Practices

This outlaws the use of harassment, coercion or undue influence such that it could impair a client’s freedom of choice in such a way that they are more likely to use your services or pay more for them.

Clearly, this is designed to curb particularly aggressive or misleading sales techniques. It is important to realise, however, that, as a healer, reader, psychic or medium, you are often put in a position of power when it comes to clients, especially those who are ill or emotionally vulnerable. This might make you open to accusations of undue influence. It is important therefore that clients have complete freedom of choice as to whether to use your services. The idea of ‘informed consent’ is likely to be important (and is good practice in any event): make sure your client knows exactly what you offer, what outcomes are likely, what outcomes are unlikely but possible, what the alternatives are and what it will cost.

Not to Trade Unfairly

This is a ‘catch-all’ provision that prohibits practices that are unreasonable, dishonest or done in bad faith which are likely to make the typical client of such services more likely to use your services or pay more for them. Again, the ‘informed consent’ approach is likely to be the best way forward.

Conclusion

The new Regulations are designed to standardise unfair trade practices across Europe but will tighten up the law in many areas. It is too early to see exactly what this will mean in practice: we will need to wait for the final version of the Regulations to be published and to see how the prosecuting authorities and courts view things.

Certainly, there are groups that are against activities such as alternative and complimentary therapies, readers, psychics and mediums and they can be expected to put pressure on the prosecuting authorities to take action.

It is important to realise that these Regulations are not designed to outlaw these therapies and readings but are more focused on the way they are marketed and what happens at the point of sale. It will be important not to make exaggerated claims as to the efficacy of healing techniques or to restrict the choice of a client when they decide whether to use your services or what to pay for them. It may be that the idea of informed consent, much used now in the medical profession, will be the way forward. It remains to be seen whether it would be advisable to obtain written consent to treatments but certainly some sort of record of what advice was given should be kept.

Disclaimer

This article is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law. Legal advice should always be sought to confirm whether or how any information in this article applies to your particular situation.

6th April 2008
A whole list of disclaimers must be added to the spiritualists' spiel if they are to avoid an avalanche of writs following the repeal next month of the Fraudulent Mediums Act, to be replaced by the new Consumer Protection Regulations. Promises to raise the dead, secure good fortune or heal through the laying on of hands are all at risk of legal action from disgruntled customers. Spiritualists say they will be forced to issue disclaimers, such as 'this is a scientific experiment, the results of which cannot be guaranteed'. They claim the new regulations will leave them open to malicious civil action by sceptics.
The problem is that very little in the multi-million-pound psychic industry in Britain is for free, and anyone charging or accepting 'gifts' in exchange for a service is bound by the new regulations. There are charges for seances, Tarot, psychic readings and clairvoyance. Spiritualist church service-goers - and there are more than 300 spiritualist churches in Britain - are charged or asked for donations. Psychic mailings - letters promising spiritualist services in exchange for a cheque - are estimated to have cost Britons £40m in 2006-07, according to Office of Fair Trading research. Psychic services via telephone, online and satellite TV keep the tills ringing further. For the past half-century, 'genuine' mediums have been protected by the 1951 Fraudulent Mediums Act, under which prosecutors had to prove fraud and dishonest intent to secure a criminal conviction, which was difficult. There have been fewer than 10 convictions in the past 20 years. With that protection gone, there will now be nothing between the medium and the trading standards officer - and no need to prove fraud. Instead it will be up to the trader, in this case the medium, to prove they did not mislead, coerce or take advantage of any 'vulnerable' consumers.

18 April 2008
A change in the law could mean mediums, psychics and healers face prosecution if they cannot justify their claims. Spiritualists are delivering a mass petition to Downing Street and complaining that a genuine religion is being discriminated against.
Whether it's TS Eliot or Shirley Ghostman, the world of the medium has been gently drizzled with ridicule for some decades.
But now psychics, healers and spiritualists fear a new threat. Not gentle ribbing, but the long arm of the law.
Parliament is about to debate measures that will see all forms of paid-for paranormal activities fall under the new Consumer Protection Regulations. As well as tackling a raft of more mundane commercial sharp practice, these regulations will also replace the Fraudulent Mediums Act 1951.

And some mediums are not happy. Under the old legislation, it had to be proven that any accused psychic was setting out to commit a fraud. The first case was a man in 1952 on a charge that he did in "purporting to act as a spiritualistic medium, unlawfully use a certain fraudulent device, namely, a length of cheesecloth". He was acquitted, setting a pattern for the last 50 years of very few prosecutions.
Under the new laws, some mediums feel they will be obliged to prove what they do. And when you're in the business of contacting spirits in the afterlife, that's not easy. The new laws mean that medium's even if they are only working for expenses will have to give disclaimers along the lines of "this is not science" and "this is just an experiment", or "this is for entertainment purposes only".

NEW REGULATIONS
Aimed at unfair sales and marketing practices
Follow EU directive
Will need approval by Parliament
Centre on "reasonable expectations of the average consumer"
Persistent breaches punishable by enforcement order
Breach of order punishable by two years in prison or fine

23 April 2008

Lord Tunnicliffe (Labour)

My Lords, I shall also speak to the Business Protection from Misleading Marketing Regulations 2008. Both sets of regulations implement EC directives and are being made under Section 2(2) of the European Communities Act 1972.

The consumer protection regulations implement the unfair commercial practices directive. The regulations prohibit traders in all sectors from engaging in unfair commercial practices with consumers. Commercial practices are acts or omissions by a trader directly connected to the promotion, sale or supply of products to or from consumers. The regulations will operate flexibly to catch unfair practices. At their heart is a prohibition on the use of unfair commercial practices. A commercial practice is unfair if it amounts to conduct below a level that may be expected towards consumers in accordance with honest market practice or good faith. This is intended to act as safety-net protection for all consumers.

This broad category of unfair commercial practices is supplemented with more specific categories concerning misleading actions and omissions and aggressive practices. The vast majority of practices that would be considered unfair would fall under these provisions. For a practice to be unfair under these rules, it must harm, or be likely to harm, the economic interests of the average consumer—in effect, they make a choice that they would not otherwise have made.

The normal benchmark for determining the likely effect of a practice is the average consumer. However, where a practice is targeted at particular groups of consumers, or is likely to adversely affect the economic behaviour of only a clearly identifiable group of vulnerable consumers in a way that the trader could reasonably foresee, the average member of this group is the one who becomes the benchmark against which the effect of the practice will be assessed.

The regulations also ban 31 specific practices in all circumstances, irrespective of whether they may affect consumers' economic behaviour. These include prize-draw scams, bogus closing-down sales, and preying on elderly people's fears about their personal security to sell them burglar alarms. The prohibition on the use of unfair commercial practices will be enforceable through the procedure for the enforcement of Community infringements in Part 8 of the Enterprise Act 2002. This enables the Office of Fair Trading, Trading Standards, and designated—mainly sectoral—enforcers such as Ofgem to apply to the courts for enforcement orders to prevent or stop the use of unfair commercial practices.

In addition, with limited exceptions, a breach of the prohibition on unfair commercial practices will be a criminal offence. Most of the offences follow the general approach of strict liability, which requires proof only that a commercial practice is prohibited. However, there will be no offence merely because a commercial practice falls within the broad category of those falling below honest market practice or good faith, unless the trader knowingly or recklessly engages in this conduct. This is because of the wide-ranging nature of this category.

The Office of Fair Trading and Trading Standards will have a duty to enforce the regulations. However, where there are effective systems of self-regulation, such as those administered by the Advertising Standards Authority and PhonepayPlus, we would usually expect complaints to be referred to them in the first place for action, as established means under both these regulations and the business protection regulations. A supplementary objective in transposing the directive was to achieve some regulatory simplification, where that was possible without reducing consumer protection. The consumer protection regulations repeal provisions in a number of laws, including most of the Trade Descriptions Act 1968 and the provisions on misleading price indications in Part III of the Consumer Protection Act 1987.

The consumer protection regulations represent the biggest change to the UK consumer protection framework for almost 40 years. They will put in place a more comprehensive framework for tackling sharp practices and rogue traders who exploit loopholes in the existing prescriptive legislation. They will also deliver a big part of BERR's simplification plan. This is a good law for both consumers and honest businesses. Consumers will obtain better protection from unfair practices. Honest businesses will no longer have to face unfair competition from traders who use underhand tactics. The changes will also simplify consumer protection, making it clear which commercial practices are, and are not, allowed.

I turn to the second instrument under discussion today. The business protection regulations implement the 2006 misleading and comparative advertising directive. That directive consolidated the previous 1984 directive on the subject with amendments made to it by other directives, including the UCPD. The previous 1984 directive is currently implemented by the Control of Misleading Advertising Regulations 1988, which will be repealed by the consumer protection regulations.

The business protection regulations prohibit advertising that misleads traders and set out the conditions under which comparative advertising is permitted. Comparative advertising is advertising that identifies a competitor or a competitor's product. A trader who engages in advertising which misleads traders will be guilty of a criminal offence. The OFT and Trading Standards have a duty to enforce the regulations. Those enforcement authorities are given the power to apply to the courts for injunctions to secure compliance with the regulations. Making misleading advertising a criminal offence, and giving Trading Standards a duty to enforce the regulations, will ensure that there is no reduction in business protection following the repeal of certain laws, such as most of the Trade Descriptions Act, which protects businesses as well as consumers.

There has been extensive consultation on the transposition of the unfair commercial practices directive into UK law and on these two sets of regulations. I therefore commend the regulations to the House and beg to move.

Moved, That the draft regulations laid before the House on 3 March be approved. 13th Report from the Joint Committee on Statutory Instruments.—(Lord Tunnicliffe.)

27th May 2008

Fortune-tellers targeted in new Consumer Protection RegulationsThe below article was taken from the Times-On-Line website on this linkThe fortune-tellers, at least, must have seen it coming. The biggest overhaul of consumer laws for 40 years takes effect on Monday, tightening controls on everything from door-to-door salesmen to children's advertising. The below article was taken from the Times-On-Line website on this linkFortune-tellers and astrologists will be bracketed with double-glazing salesman under the new Consumer Protection Regulations. The changes, which implement an EU directive on unfair commercial practices, require businesses for the first time to act fairly towards consumers and will outlaw disreputable trading activities.

Fortune-tellers will have to tell customers that what they offer is 'for entertainment only' and not 'experimentally proven'. This means that a fortune-teller who sets up a tent at a funfair will have to put up a disclaimer on a board outside.

Similar disclaimers will need to be posted on the websites of faith healers, spiritualists or mediums where appropriate, as well as on invoices and at the top of any printed terms and conditions.

Andy Millmore, a partner at the law firm Harbottle & Lewis in London, said: 'What is significant is the sweeping nature of the regulations. They will effectively criminalise actions that might in the past have escaped legal censure, even if they may perhaps have been covered by industry voluntary codes.

'Personalised services may also come under scrutiny. A tarot pack reader, for instance, cannot just pick one of several templates – it would have to be a proper reading designed for that person.'

Claims to secure good fortune, contact the dead or heal through the laying-on of hands are all services that will also have to carry disclaimers, other lawyers say. 'You could argue that this is no different from promises given by the Church of Eternal Life, which people pay for, in the sense that they feel obliged to give to the collection,' one said. 'It’s no more proven.'

Mr Millmore said that the changes created a lower test for prosecution. 'Before, a prosecution had to show that there was a false or misleading trade description. Now the test is, is it an unfair commercial trade practice? So we are likely to see more prosecutions,' he said.

The new test would also take account of the context of the sale, he said. If the target were an elderly or vulnerable person, the courts would take a harsher view. 'If my aged grandmother lets in a double-glazing seller, and he presses her to make a sale, that would probably constitute an ‘aggressive practice’ and be criminalised.'

The rules state that anyone offering a service must not engage in unfair commercial practice, misleading statement or omission or aggressive sales practice. This would criminalise practices such as 'closing down' sales that aren’t, limited time offers that then last longer and false testimonials left on websites.

Those who break the new laws, which will be enforced by the Office of Fair Trading or trading standards officers, will face fines of up to £5,000 if their case is heard in a magistrates’ courts or a fine and up to two years in jail if the case is severe enough to be heard in the Crown Court.

The new regulations also include a blacklist of 31 activities, which include claiming falsely to have signed up to an approved code of conduct; advertising a product at a cheap price, knowing there is insufficient stock to meet demand, so-called bait advertising; making customers think that they cannot leave without signing; and suggesting in children’s advertising that not buying a product would leave a child disadvantaged.

The Spiritualist Workers’ Association attacked the changes, saying on its website: 'We do not believe we are conducting a scientific experiment. To have to stand up and say so is a denial of our beliefs. It is also sending out a message that we do not believe what we are saying and doing.'

Lyn Guest de Swarte, a clairvoyant, said: 'It’s like trying to regulate God.' Mr Millmore’s view is that fortune-tellers will not be the main target. 'The double-glazing sellers who go for elderly ladies – it’s in those areas that people would expect the new laws to bite,' he said. On the cards Ready-made consumer protection disclaimers for psychics, tarot card readers, astrologers and fortune-tellers Astrologers 'Beware a tall, dark stranger claiming to predict the future' Tarot card readers 'Living your life in accordance with our predictions could damage your health' Fortune tellers 'Customers crossing my palm with silver do so at their own risk' Mediums 'Is there anybody out there? Maybe . . . or maybe not' Psychic healers 'Close your eyes and breathe deeply – but don’t part with your money just yet'

Healing - A Censored Word? 2008
Posted By and Copyright to: Carole and David McEntee-Taylor (Saahera-Centre)

If certain trading standards offices are allowed to interpret the new legislation this is how we may have to advertise spiritual healing in the future. The following is a transcript of one individual’s interpretation of the new legislation. This comes from a trading standards office on the South Coast. Apart from showing a staggering level of ignorance is this a worrying foretaste of what is to come?

1. By using the words heal or healer you are suggesting that you can cure, this is not an acceptable term within the new legislation unless you can give proof of such claims. Anecdotal evidence on your abilities is now not enough, you will need to be able to justify any claim you are making.

2. You can only claim to be a Reiki Master if this is a recognised endorsement

3. Reflexology, if you claim that it can improve and help many conditions you must be able to provide proof of it, again not just anecdotal evidence.

4. Indian Head Massage - have you proof it promotes longevity and general well being?

5. This law is wide ranging you must make every attempt to avoid misleading comments or omissions

6. Sadly unless again you have absolute proof that angels exist you cannot claim they heal you. Some creative writing may be needed to the claims they can be connected to your clients.

Many spiritual healers do not charge and so may consider that they do not come within the new Consumer Protection Regulations. However, if you charge people to come into an event and then offer free Spiritual Healing as part of the event, then you will come within the Consumer Protection Regulations, because money has changed hands.

Those who provide spiritual healing on a full time basis do have to cover their overheads and therefore do charge. If they have their own clinic they will have to keep records, have someone available to be a chaperone/receptionist, pay for heating, lighting etc. They also have to pay taxes so that our politicians can continue to live in the style to which they have become accustomed. These taxes also pay the wages of those who bring in legislation without any knowledge of the subject and the wages of those who enforce it. Like most legislation, it is the individual interpretation that causes the problems. The way we view the world stems from our life experiences, upbringing and education. These experiences also develop and reinforce our prejudices and it is a very rare person who is able to rise above their own prejudices and make a totally unbiased judgement.

In some countries in Europe (where the new legislation came from) healing is illegal. ECHO, (European Confederation of Healing Organisations) one of the Partner Organisations of the SWA, is campaigning to get the European Parliament to make changes and recognise that healers have as much right to work in Europe as anyone else. To do this they need to demonstrate the support of over 100,000 people across Europe. If you feel as strongly as we do about this then please join us and help us support ECHO in their campaign.

We know that many spiritual people do not believe that they should get involved in politics. However, politicians are now interfering in your lives, they are now telling you how you can work and what you should believe. Can you really justify doing nothing?

A final point – Many religions talk about angels and many mainstream religions have healing services. How soon before they too are told what they should believe or they are asked to prove their beliefs?

Many of the articles, stories and pictures on this page are copyrighted and must not be copied or reproduced in part or whole without prior written permission from the owner. © Brenda Diskin 2008