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The Enforcement Concodat enables the protection of the public, the environment and groups such consumers and workers through the 'business-friendly' enforcement of regulations.
The Legislative and Regulatory Reform Bill, currently before the House of Commons, contains powers to enable the Hampton enforcement principles, (see section 2.2 of the Hampton review 'Reducing administrative burdens: Effective Inspection and Enforcement'), to be established in UK law through a statutory Code of Practice. Where this Code applies, it supersedes the 1998 Enforcement Concordat.
The primary function of central and local government enforcement work is to protect the public, the environment and groups such consumers and workers. At the same time, carrying out enforcement functions in an equitable, practical and consistent manner helps to promote a thriving national economy. It is important that enforcement officers take care to help businesses and others meet their legal obligations without unnecessary expense while taking firm action, including prosecution where appropriate against those that flout the law or act irresponsibly.
Steps to promote this 'business friendly' enforcement of regulations were included within Section 5 of the Deregulation and Contracting Out Act (DCOA) 1994. The Enforcement Concordat was created in 1998 to bridge shortfalls in the DCOA. In April 2001, the Regulatory Reform Act gave ministers the power to create a Code of Practice which could be like the Enforcement Concordat.
A full explanation of the history to the Enforcement Concordat and the 2001 Act is contained within the Explanatory Notes on the Regulatory Reform Act, starting at Section 18.
The Enforcement Concordat is based on the principles that businesses should:
The Concordat was formally signed on 5 March 1998 by Peter Kilfoyle - on behalf of central government - and by Councillor John Ryan - on behalf of the Local Government Association.
Adoption of the Concordat is voluntary. To date 96% of all central and local government organisations with an enforcement function have adopted the Enforcement Concordat.
Hard copies of the Concordat, and full listing of regulators that have adopted the Concordat can be obtained by email Rachel.Mallaband@dti.gsi.gov.uk or telephone on 0114 279 4320.
The Small Business Service (SBS) are promoting the Enforcement Concordat. For details of their work, visit their website at www.sbs.gov.uk [External website] or contact Rachel.Mallaband@dti.gsi.gov.uk.
Also see: