Home Authority Principle

Introduction

The Home Authority Principle is supported by local authority food and trading standards services throughout the United Kingdom.

A local authority acting as a home or originating authority will place special emphasis on the legality of goods and services originating within its area. It aims to prevent infringements by offering advice and guidance at source in order to maintain high standards of public protection at minimum cost.

The Principle underpins the principles of free trade 'in fit products and services' and acknowledges that local priorities need to be considered in the context of national and European obligations. In Summary:-

Businesses recognise that the Home Authority Principle enables them to reduce compliance costs and implement the law in a spirit of consultation rather than confrontation. Good enforcement practices are also effective in minimising duplication and reducing public expenditure.
N.B. The Guidelines cannot remove the onus of compliance from business itself; nor remove the primary responsibility for enforcement from the authority in whose area a specific incident has taken place.

Definitions

Local authorities have three distinct roles as:

The Home Authority

A local authority acting as home authority has a particularly important role within the system. The function of giving advice on regulation, good practice and remedial action is a legitimate aspect of enforcement. The home authority will prioritise surveillance of the practices and policies of businesses based within its area. In particular it will:

	Act on behalf of originating and enforcing authorities as the primary regulatory link to businesses within its area
	Liaise promptly with originating authorities likely to have special knowledge of problems at the point of production or service delivery
	Name contact officers and identify the scope of its home authority service
	Maintain a record of relevant incidents, company policies, diligence systems and advice
	Make clear in offering advice that whilst the home authority may not institute proceedings this would not preclude other authorities from taking legal action
	Assist enforcing authorities in their conduct of necessary investigations and encourage businesses to offer all reasonable assistance
	Be transparent and be willing to amend advice found to be inappropriate

The Originating Authority

An originating authority will closely monitor production and should acknowledge that advice and surveillance at source minimises duplication, enabling enforcing authorities to concentrate on hazard, fraud and complaint. It may also:

	Review a business's quality and diligence procedures and liaise with the home authority, where appropriate
	Accept that the operational arrangements of businesses vary widely and acknowledge there will be circumstances when the originating authority may need to undertake the functions of the home authority

The Enforcing Authority

All authorities are enforcing authorities and accept that, notwithstanding the Home Authority Principle, each local authority retains its ultimate statutory responsibility for the enforcement of the law. However it should:

	Liaise with the home authority before embarking on detailed investigations or legal actions
	Communicate with the home authority in specific terms, preferably in writing, indicating details of the issue; the nature of the assistance required and whether or not, it is content to leave action to the judgement of the home authority
	Ensure that the relevant documents, formal cautions, decisions to prosecute and the results of legal proceedings are notified to the home authority
	Take account of advice given to a business by the home or originating authority

Home Authority Principle (page 2)

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