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Enforcement Concordat
South Tyneside Council is 'signed up'
to the principles of the national Concordat on Good
Enforcement for all its regulatory services. We are
committed
to carrying out any necessary enforcement actions
in an equitable, practical and consistent manner utilising
recognised best practice policies and procedures.
The effectiveness of legislation in protecting
consumers depends on the compliance of those being
regulated.
We recognise that most businesses want to comply with
the law. We will therefore work with businesses
to help them meet their legal obligations but we will
also take firm action, including prosecution where
appropriate, against
those
who flout the law or act irresponsibly.
Standards
We will draw up clear standards
setting out the level of service and performance the
public and businesses can expect to receive. We will
publish these standards and state each year how well
we met them.
Openness We will provide information and advice on request
in relation to the legislation that we enforce. This
information will be in plain language and provided
free of charge. Helpfulness We believe that prevention is better than cure and
that our role involves actively working with businesses
to advise on compliance. We will provide a courteous
and efficient service and our staff will identify themselves
by name. We will provide a contact point and telephone
number for further dealings with us and we will encourage
businesses to seek advice or information from us. Proportionality
We will minimise the costs of compliance for businesses
by ensuring that any action we require, or take, is
proportionate to the risks involved. We will publish
our enforcement policy. Consistency Whilst enforcement staff must exercise judgement
in individual cases, we will have arrangements in
place
to promote consistency, including liaison with other
authorities and enforcement bodies through schemes
such as those operated by the Local Authorities Coordinators
of Regulatory Services (LACORS). Procedures Advice from an officer will be put clearly and simply
and will be confirmed in writing on request, explaining
why any remedial work is necessary and over what time
scale. Legal requirements will be distinguished from
best practice advice. Unless formal enforcement action is necessary, officers
will provide an opportunity to discuss the circumstances
of the case and, if possible, resolve points of difference.
However, sometimes immediate action is required, for
example, in the interests of health and safety or to
prevent evidence from being destroyed. Where immediate
action is considered necessary, an explanation of why
such action was required will be given at the time
and confirmed in writing in most cases within 5 working
days and, in all cases, within 10 working days. Where legislation provides a right of appeal against
formal action, advice on the appeal mechanism will
be clearly set out in writing. Whenever possible this
advice will be issued with the enforcement notice. Complaints
Should you have cause to complain about the Service's
approach to enforcement please contact David Brooks,
Trading Standards Manager by telephone 0191 424 7890
or email.
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