GLD Vacancies

LBRO hails primary authority scheme, launches review of enforcement priorities for England

Research has shown that the primary authority scheme of local regulation is delivering savings to businesses, the Local Better Regulation Office has said.

The claim comes as the LBRO launches a review of enforcement priorities in England.

Some 80 businesses covering more than 80,000 premises have signed up to the scheme, which was set up under the Regulatory and Enforcement Sanctions Act 2008.

The scheme allows those companies operating under two or more councils to agree a primary authority partnership under which one local authority acts as a single point of contact.

According to the LBRO, businesses currently run the risk of prosecution – even if they follow official advice – if local inspectors disagree about how to interpret regulations.

A number of companies – including John Lewis, Pret A Manger, Debenhams and Enterprise Inns – have agreed primary authority status with Westminster City Council.

Other businesses to have adopted the scheme include Asda, which signed up to primary authority status with Wakefield Council in November 2009.

The supermarket’s trading law manager, Stuart Wiggins, said: “Primary authority delivers the consistency of advice from regulators that businesses need to operate efficiently, particularly if they are national operators.

“Having one local authority as a single point of contact saves time by providing advice and guidance to other enforcers on national policies and procedures and assists with a risk-based approach to enforcement. This reduces the regulatory burden, saves costs and helps business be more competitive.”

LBRO chair Clive Grace said: “Our own survey of business views, jointly conducted with the National Audit Office, will be published shortly, and will bear out the underlying message that there are signs that local regulation is starting to work better for business. There’s plenty of hard work to be done but we should all take heart from this good news.”

The LBRO is also calling on businesses to contribute to a new risk-based approach to national regulations. The review of enforcement priorities in England has been backed by the British Chambers of Commerce.

The priorities were last set in 2007, when five areas were selected: air quality, alcohol licensing, hygiene of food businesses, improving health in the workplace and fair trading.

Grace said: “This is a prime opportunity for business to help shape the regulatory landscape, and focus efforts to protect the public. We would welcome contributions from the business community in addition to our work with local and national regulators in identifying particular areas of concern.”

Evidence will be gathered this summer, with the priorities published in draft form for consultation in the autumn. These will then be put to ministers in early 2011.

The LBRO has recently completed work with the Welsh Assembly Government on priorities for Wales.