General principles
When interacting with businesses, officers will predominantly rely on education and advice in order to secure compliance providing it is reasonable and proportionate to do so.
Where officers consider that formal enforcement action is necessary, each case will be considered on its own merits. However, there are general principles that apply to the way each case will be approached. These are set out in this policy, in overarching statutory codes such as the Regulators’ Code and, where applicable, official guidance that is specific to a particular function.
Enforcement decisions will be fair, proportionate, transparent, independent, and objective and will not be influenced by factors such as ethnicity, nationality, gender, disability, religious beliefs, political views or the sexual orientation of the suspect, victim, witness or offender.
Where the subject of the enforcement action is either a juvenile or is known to have additional needs as a result of a learning disability or other vulnerability, advice will be sought from appropriate agencies as required.
The Council is a public authority for the purposes of the Human Rights Act 1998. The Service will have regard to the Human Rights Act 1998 when taking enforcement action.
This policy helps to promote efficient and effective approaches to regulation and enforcement in order to improve outcomes without imposing unnecessary burdens.
Officers will have regard to the Regulators’ Code when undertaking regulatory activities and should:
- Carry out regulatory activities in a way that supports business to comply and grow
- Provide simple and straightforward ways to engage with those regulated and hear their views
- Base regulatory activities on risk
- Share information about compliance and risk
- Ensure clear information, guidance and advice is available to those regulated to meet their responsibilities to comply
- Ensure the approach to regulatory activities is transparent
The Council is not bound to follow the Regulators’ Code where officers determine that a specific provision of the code is either not applicable or is outweighed by another relevant consideration.