Regulatory Enforcement Sanctions Act – ‘better regulation’ and new penalties

The Regulatory Enforcement Sanctions Act 2008 will affect the way regulators, regulate businesses on issues including health and safety, environmental protection and trading standards.

Most of the Act will come into effect from October 2008, with the lead authority arrangements following in April 2009. It introduces a range of alternative sanctions that a regulator can use instead of prosecution, including fixed penalty notices, stop notices and notices requiring specific actions.

But these penalties will only be granted to regulators who demonstrate that they are compliant with the principles of good regulation - their use of the sanctions can be suspended if they are found to be misused.

The new legislation could also mean greater consistency for businesses regulated by a number of different local authorities, since it establishes the right to request a primary authority, and places limits on enforcement and inspection unless agreed by the primary authority.

However, the Act contains a number of exemptions that could limit its effect in practice. The true picture will take time to emerge.

The Local Better Regulation Office receives a statutory status to oversee and guide the process.

The full wording of the Act is available here.

For further background and guidance visit BERR