| The
Principles of Good Enforcement: Policy and Procedures |
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This
document sets out what business and others being
regulated can expect from enforcement officers.
It commits us to good enforcement policies and
procedures. It may be supplemented by additional
statements of enforcement policy.
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The
primary function of central and local government
enforcement work is to protect the public, the
environment and groups such as consumers and workers.
At the same time, carrying out enforcement functions
in an equitable, practical and consistent manner
helps, to promote a thriving national and local
economy. We are committed to these aims and to
maintaining a fair and safe trading environment. |
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The
effectiveness of legislation in protecting consumers
or sectors in society depends crucially on the
compliance of those regulated. We recognise that
most businesses want to comply with the law. We
will, therefore, take care to help business and
others meet their legal obligations without unnecessary
expense, while taking firm action, including prosecution
where appropriate, against those who flout the
law or act irresponsibly. All citizens will reap
the benefits of this policy through better information,
choice and safety. |
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We
have therefore adopted the central and local government
Concordat on Good Enforcement. Included in the
term ‘enforcement’ are advisory visits
and assisting with compliance as well as licensing
and formal enforcement action. By adopting the
concordat we commit ourselves to the following
policies and procedures, which contribute to best
value, and will provide information to show that
we are observing them. |
| Principles
of Good Enforcement: Policy |
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Standards
In consultation with business and other relevant
interested parties, including technical experts
where appropriate, we will draw up clear standards
setting out the level of service and performance
the public and business people can expect to
receive. We will publish these standards and
our annual performance against them. The standards
will be made available to businesses and others
who are regulated
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Openness
We will provide information and advice in plain
language on the rules that we apply and will disseminate
this as widely as possible. We will be open about
how we set about our work, including any charges
that we set, consulting business, voluntary organisations,
charities, consumers and workforce representatives.
We will discuss general issues, specific compliance
failures or problems with anyone experiencing
difficulties. |
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Helpfulness
We believe that prevention is better than
cure and that our role therefore involves actively
working with business, especially small and medium
sized businesses, to advise on and assist with
compliance. We will provide a courteous and efficient
service and our staff will identify themselves
by name. We will provide a contact point and telephone
number for further dealings with us and we will
encourage business to seek advice/ information
from us. Applications for approval of establishments,
licenses, registrations, etc, will be dealt with
efficiently and promptly. We will ensure that,
wherever practicable, our enforcement services
are effectively co-ordinated to minimise unnecessary
overlaps and time delays. |
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Complaints
about Service
We will provide well publicised, effective and
timely complaints procedures easily accessible
to business, the public, employees and consumer
groups. In cases where disputes cannot be resolved,
any right of complaint or appeal will be explained,
with details of the process and the likely time-scales
involved.
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Proportionality
We will minimise the costs of compliance for business
by ensuring that any action we require is proportionate
to the risks. As far as the law allows, we will
take account of the circumstances of the case
and the attitude of the operator when considering
action. We will take particular care to work with
small businesses and voluntary and community organisations
so that they can meet their legal obligations
without unnecessary expense, where practicable. |
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Consistency
We will carry out our duties in a fair, equitable
and consistent manner. While inspectors are expected
to exercise judgement in individual cases, we
will have arrangements in place to promote consistency,
including effective arrangements for liaison with
other authorities and enforcement bodies through
schemes such as those operated by the Local Authorities
Co- Ordinating Body on Food and Trading Standards
(LACOTS) and the Local Authority National Type
Approval Confederation (LANTAC).
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| Principles
of Good Enforcement: Procedures |
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Advice
from an officer will be put clearly and simply
and will be confirmed in writing, on request,
explaining why any remedial work is necessary
and over what time-scale, and making sure that
legal requirements are clearly distinguished
from best practice advice.
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Before
formal enforcement action is taken, officers will
provide an opportunity to discuss the circumstances
of the case and, if possible, resolve points of
difference, unless immediate action is required
(for example, in the interests of health and safety
or environmental protection or to prevent evidence
being destroyed). |
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Where
immediate action is considered necessary, an explanation
of why such action was required will be given
at the time and confirmed in writing in most cases
within 5 working days and, in all cases, within
10 working days. |
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Where
there are rights of appeal against formal action,
advice on the appeal mechanism will be clearly
set out in writing at the time the action is taken
(whenever possible this advice will be issued
with the enforcement notice). |
