Out with the old and in with the new? The Regulatory Enforcement and Sanctions Act 2008– a summary for local authorities

Now that the Regulatory Enforcement and Sanctions Act has received Royal Assent, local authorities should consider the following action points:

• Carefully consider whether there are any businesses for which you would like to act as primary authority. You may for example have already developed a sound working relationship with a particular business that it would be sensible to continue.
• Be prepared to work closely with businesses for which you act as primary authority. Local authorities having a primary authority partnership with a business will be expected to work closely with that business, and with other local authorities within whose boundaries a business operates, to ensue they comply with the relevant regulations.
• Remember, if you fail to reach agreement with a business, the Local Better Regulation Office (LBRO) may nevertheless nominate you to be a primary authority for that business. The LBRO will nominate an authority that it considers suitable. For example, a local authority may be nominated as it has developed an expertise in relation to a particular area of trade such as imported food.
• Familiarise yourself with the Act and your obligations under it. For example producing inspection plans or having systems in place to obtain them and adhere to them when produced by another local authority; approaching other local authorities before taking enforcement action where they are acting as primary authority; and having regard to any guidance issued by the LBRO.
• Take this opportunity to conduct a review of your enforcement policy to gauge whether the flexible toolkit of civil sanctioning powers can help. You will also need to give some thought to producing enforcement guidance and where appropriate penalty guidance.