Appendix B
Relevant Requirements and Legislation Considered in the Preparation of this Policy
1. Principles of Good Regulation
The Legislative and Regulatory Reform Act 2006, Part 2
This requires the Council to have regard to the Principles of Good Regulation when exercising a specified regulatory function. We will exercise our regulatory activities in a way which is:
A. Proportionate – our activities will reflect the level of risk to the public and enforcement action taken will relate to the seriousness of the offence,
B. Accountable – our activities will be open to public scrutiny, with clear and accessible policies, and fair and efficient complaints procedures,
C. Consistent – our advice to those we regulate will be robust and reliable and we will respect advice provided by others. Where circumstances are similar, we will endeavour to act in similar ways to other local authorities,
D. Transparent – we will ensure that those we regulate are able to understand what is expected of them and what they can anticipate in return, and
E. Targeted – we will focus our resources on higher risk enterprises and activities, reflecting local need and national priorities.
2. Regulators’ Code, Statutory Code of Practice for Regulators, April 2014
Regulators’ Code, Statutory Code of Practice for Regulators, April 2014
The Council has had regard to the Regulators’ Code in the preparation of this policy. In certain instances we may conclude that a provision in the Code is either not relevant or is outweighed by another provision. We will ensure that any decision to depart from the Code will be properly reasoned, based on material evidence and documented.
3. Enforcement Concordat (Cabinet Office 1998); Enforcement Concordat: Good Practice Guide for England and Wales; (Department of Trade and Industry, June 2003)
Tonbridge & Malling Borough Council has adopted the Enforcement Concordat and the Principles of Good Enforcement, which are: Standards, Openness, Helpfulness, Complaints, Proportionality and Consistency.
4. Human Rights Act 1998
Tonbridge & Malling Borough Council is a public authority for the purposes of the Human Rights Act 1998. We therefore apply the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms. This Policy and all associated enforcement decisions take account of the provisions of the Human Rights Act 1998. In particular, due regard is had to the right to a fair trial and the right to respect for private and family life, home and correspondence.
5. Data Protection
Where there is a need for Tonbridge & Malling Borough Council to share enforcement information with other agencies, we will follow the provisions of data protection legislation.
6. Crown Prosecution Service: The Code for Crown Prosecutors, January 2013
Crown Prosecution Service: The Code for Crown Prosecutors, January 2013
When deciding whether to prosecute, Tonbridge & Malling Borough Council has regard to the provisions of The Code for Crown Prosecutors as issued by the Director of Public Prosecutions. The Code is a public document that sets out the general principles to follow when decisions are made in respect of prosecuting cases. The Code sets out two tests that must be satisfied commonly referred to as the ‘Evidential Test’ and the ‘Public Interest Test’:
A. Evidential Test - Is there enough evidence against the defendant?
When deciding whether there is enough evidence to prosecute, Tonbridge & Malling Borough Council will consider what evidence can be used in court and is reliable. We must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each alleged offender.
B. Public Interest Test - Is it in the public interest for the case to be brought to court?
Tonbridge & Malling Borough Council will balance factors for and against prosecution carefully and fairly, considering each case on its merits.
7. Regulatory Enforcement and Sanctions Act 2008, Part 2
Regulatory Enforcement and Sanctions Act 2008, Part 2
This established the Primary Authority scheme. We will comply with the requirements of the Act when we are considering taking enforcement action against any business or organisation that has a registered Primary Authority partnership. The Act also provides for the publication of a list of enforcement priorities for local authorities. We will have regard to any list of enforcement priorities published by the Better Regulation Delivery Office.
8. Food Law Code of Practice
9. HSE’S Enforcement Policy Statement
HSE’S Enforcement Policy Statement
10. National Local Authority Enforcement Code
National Local Authority Enforcement Code
11. HELA’s Guidance to Local Authorities on Targeting Interventions (LAC 67-2 (rev 4.1)
HELA’s Guidance to Local Authorities on Targeting Interventions (LAC 67-2 (rev 4.1)
This sets out the requirements for risk rating and frequency of interventions for enforcement of health and safety legislation.
12. HELA’s Incident Selection Criteria Guidance (22-13 (rev 1), 2012)
HELA’s Incident Selection Criteria Guidance (22-13 (rev 1), 2012)
This provides a common proportionate, transparent and targeted approach to accident and incident selection and investigation.
13. Primary Authority Guidance (BRDO, September 2013)
Primary Authority Guidance (BRDO, September 2013)