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The Principle of the Home Authority
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:
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Home
Authority:
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the
authority where the relevant decision making base of an enterprise is
located.
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Originating
Authority:
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an
authority in whose area a decentralised enterprise produces goods and
services.
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Enforcing
Authority:
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all
authorities when undertaking an inspection, sampling or investigative role.
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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; and
- 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.
The Role of Business
The Principle is designed
to help and guide business. However, businesses must cooperate and accept
they have the onus of compliance. Businesses should:
- be willing, when seeking
advice, to disclose relevant details of control, standards, recipes,
specifications and diligence procedures;
- be prepared to supply
evidence in support of statements, procedures or claims;
- accept that the advice given
by a home authority is given in good faith and that it may
subsequently have to be amended in the light of new evidence or
circumstances.
Synopsis
The Home Authority
Principle has been developed by food and trading standards authorities as an
aid to good enforcement practice. Practices which protect the consumer,
encourage fair trading, consistency and common sense. It aims to:
- encourage authorities to
place special emphasis on goods and services originating within their
area;
- provide businesses with a
home authority source of guidance and advice;
- support efficient liaison
between local authorities;
- provide a system for the
resolution of problems and disputes.
The Principle commands
the support of local authorities, central government, trade and industry
associations, consumer and professional regulatory bodies.
The Role of LACORS (Local
Authorities Coordinators of Regulatory Services)
LACORS, a local
government Central Body, has pioneered the Home Authority Principle and is
committed to its implementation and development. It will
- assist individual businesses
with the identification of an appropriate home authority;
- encourage home and
originating authorities involved with specific types of businesses
to liaise, when necessary;
- provide consensus advice and
national guidance in respect of problems referred by local authority
liaison groups or trade associations;
- provide on request a 'fast
track' conciliation procedure to resolve enforcement differences between
authorities likely to impact on a business; [NB: This service is not
available for issues which are subjudice; nor for differences between a
single authority and an enterprise]
- maintain a home authority
database;
- monitor the Home Authority
Principle and report on the number and nature of legal actions taken
contrary to the advice of a home authority or LACORS National Panel.
European Footnote
LACORS has advocated the
development of the Principle throughout the European Union. Its principles
are central to the single market and to LACORS appointment as the United
Kingdom Liaison Body under the EC Additional Food Control Measures Directive.
 
London Borough of Tower
Hamlets, Trading Standards, Mulberry Place (AH) PO Box 55739 5 Clove Crescent,London E14 1BY
Telephone: (020) 7364 6840 Fax: (020) 7364 6935
Internet World Wide Web http://www.tradingstandards.gov.uk/towerhamlets/
Electronic Mail: trading.standards@towerhamlets.gov.uk
Copyright © London
Borough of Tower Hamlets 2000
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