Corporate enforcement policy
We are here to make Surrey Heath an even better place to live, work and play. We aim to work with our public and private partners and the community to support and promote our local economy to increase the prosperity of the local area. It is important that we maintain our place as clean, green and safe for people to live happily and healthily. To achieve these objectives we may from time to time be required to take enforcement action and will have regard to the principles of Good Regulation as set out in this Policy.
Local Authorities are required by the Legislative and Regulatory Reform Act 2006 (2006 Act) to have regard to the Principles of Good Regulation when considering taking enforcement action.
The Department for Business Innovation and Skills, Better Regulation Office introduced a Regulators’ Code in April 2014.The Code is a central part of the Government’s Better Regulation Agenda. Its aim is to embed a risk based proportionate and targeted approach to regulatory inspection and enforcement in regulators it applies to. We must have regard to this Code when developing policies and operational procedures relating to enforcement activity.
If a regulator concludes, on the basis of material evidence, that a specific provision of the Code is either not applicable or is outweighed by another relevant consideration, the regulator is not bound to follow that provision, but should record that decision and the reasons for it.
We fully support the principles set out in the 2006 Act and the Regulators’ Code as set out in this policy. The Council is committed to services which are courteous and helpful and seeks to work with individuals and businesses, wherever possible, to help them comply with the law.
The Council acknowledges the need for firm action against those who flout the law and put consumers and others at risk. Officers will be required to use this policy as a guide when making decisions with regards to potential enforcement action. Every case will be decided on its own merits. Officers must ensure that they record the reasons for their decision, and this includes cases where the decision is made not to take action.
This document represents our general approach to enforcement and may be supplemented, in some cases, by more specific and detailed service policies.