Primary Authority – Successes for Local Authorities
Giving Authoritative Advice and Ensuring Consistency
Regulations are increasingly principles-based, rather than specific in their requirements. This creates a more flexible approach to regulation, but introduces the risk of inconsistency. Many businesses perceive inconsistency to be a significant problem for them, and anecdotes regarding inconsistency undermine the credibility of local regulators, detracting from the job of improving compliance. Whilst businesses perceive inconsistency to be a problem they will be less likely to invest in compliance. Primary authorities are giving their partner businesses confidence to invest as well as giving local inspectors confidence that they are following a consistent approach.
Government is clear in its view that regulators must provide advice. The requirement to give advice is set out in the Regulators Compliance Code, and the importance of advice was underlined in the recent Anderson Review. Primary Authorities can give advice, confident that it will be respected by all local regulators. This enhances the credibility of local regulators, and gives business the incentive to invest in compliance.
Improved Efficiency and Effectiveness through Better Information
Duplication of effort by regulators is an inefficient use of limited resources, and in practice it is hard to check everything. Inspectors need to know what the key risks are for a business and what systems are in place to deal with them. Primary authorities make this information available to inspectors before they leave the office. This information is based upon feedback from interventions nationally. The result is that local inspectors arrive at premises well briefed and confident about what they will find. This helps them, and makes them more effective.
More Proportionate Decision Making
The Regulators Compliance Code and local enforcement policies require inspectors to be proportionate in their response to non-compliance. Without a detailed knowledge of the business and its track record, it is hard to determine what a proportionate response will be. Efficiency can be reduced by selecting an inappropriate response, for example attempting to deliver improvements through a mechanism that has previously proved to be ineffective for that business.
Primary authorities have the full record of all proposed enforcement action for the business. They have feedback on what has been checked, and on what non-compliances have been identified. The decision on what action to take will always lie with the enforcing authority, but the primary authority is there to help provide a national perspective.
Feedback
"Enfield Council sees Primary Authority as the ideal vehicle for helping its small and medium enterprises develop their businesses. Partnerships will deliver the assurances they need to trade in regional and national markets, in the form of consistent advice from one authority. In recognition of the importance of the success of such businesses to the local economy, Enfield Council has offered to provide the advice given under Primary Authority partnerships free to all the SMEs based in its area."
Bob Griffiths, Assistant Director - Planning and Environmental Protection, Environment and Street Scene Department, London Borough of Enfield
Primary Authority in Practice: Insight for Local Authorities
(12/05/2010 PDF - 2 MB / 16 pages)
Westminster City Council is recognised as a centre of excellence for Primary Authority by LBRO as a result of its early adoption of the scheme, innovative approaches to business engagement, and facilitation of agreements with prominent companies. This booklet produced by Westminster City Council seeks to assist other local authorities wishing to support businesses through Primary Authority.
Better Regulation of Age Restricted Products - 01/09/2010
National Enforcement Priorities for Wales - 28/07/2010
Annual Report 2009-2010 - 14/07/2010
"It's wonderful that we can have one authority which can efficiently ensure all our brasseries are run to the same high standards."
Brasserie Blanc Managing Director John Lederer - 22/09/2009
