The Legislative Approach to the Work of Environmental Health & Trading Standards – what are the principles?
There have been legislative, political and professional
influences, particularly originating from central government, that
require all Local Authorities to adopt a fresh approach towards the
enforcement of regulation. The result of this change in
approach culminated in the enactment of the Legislative &
Regulatory Reform Act 2006 and the Regulatory Enforcement Sanctions
Act 2008. These two pieces of legislation require a change in
how regulatory outcomes are delivered. In addition these
pieces of legislation helped create the Local Better Regulation
Office (LBRO). The underpinning aims of the LBRO are to require
regulators to:
- reduce unnecessary regulatory burden on
business;
- take a risk based approach to regulatory
intervention; and
- target resources on those
businesses/traders who flout their legal
responsibilities.
The basis of this shift in approach is often referred to as
“Better Regulation”. The idea behind “Better Regulation” is
to help support business growth and economic prosperity without
compromising the proper protection of consumers, workers and the
environment. The work of Environmental Health & Trading
Standards is undertaken with these principles in mind and is
reflected in our enforcement policy which is in line with the
Regulatory Enforcement Compliance Code. There is a statutory
obligation placed on all regulators to apply the following
principles:
- Accountability – activities
should be open to public scrutiny, with clear and accessible
policies, and fair and efficient complaints procedures in
place.
- Targeted – resources should be
focussed on high-risk enterprises, reflecting local need and
national priorities.
- Proportionality – enforcement
action should reflect the level of risk to the public and the
penalty should relate to the seriousness of the
offence.
- Consistency – advice to business
should be reliable and robust and applicable in different parts of
the country. Services should operate in similar
circumstances.
- Transparency – businesses should
be able to understand what is expected from them by local
regulators and what they can anticipate in return
For more information about the Enforcement Policy followed
by Environmental Health & Trading Standards, please click the
link below.
Enforcement
Policy
Local Better Regulation Office (LBRO)
Since Bedford BC became a Unitary Authority in 2009 the
Environmental Health & Trading Standards service has been
working with the LBRO and the other 8 unitary authorities created
as part of Local Government Reorganisation at that time as part of
the ‘New Unitaries’ Pioneers Steering Group’.
The LBRO and representatives of the 9 New Unitaries have
facilitated training, developed policy and key learning points
regarding the restructure and changes involved with becoming an New
Unitary Authority.
Bedford BC has taken part in a number of activities and events
hosted by the LBRO, these have proved invaluable in shaping the
services delivered by Regulatory Services. Bedford BC has
been used as a case study for leading the way in the transition and
integration of its services as part of the reorganisation
process. For more information click the link
below.
Unitaries Case
Study