Assignment: Law and Duty Holders Essay

Submitted By sunny250
Words: 2015
Pages: 9
Open Document
The Northampton Borough Council Policy on Enforcement

The purpose and method of enforcement

The ultimate purpose of the Council’s Regulatory Services is to ensure that duty holders manage and control matters effectively. The term 'enforcement' has a wide meaning and applies to all dealings between enforcing authorities and those on whom the law places duties (employers, the self-employed, employees and the citizens of Northampton).

The purpose of enforcement is to:

• ensure that duty holders take action to deal immediately with serious matters;

• promote and achieve sustained compliance with the law;

• ensure that duty holders who breach requirements be held to account, which may include bringing alleged offenders before the courts in the circumstances set out later in this policy.

Enforcement is distinct from civil claims for compensation and is not undertaken in all circumstances where civil claims may be pursued, nor to assist such claims.

The Council have a range of tools at their disposal in seeking to secure compliance with the law and to ensure a proportionate response to criminal offences. Officers may offer duty holders information, and advice, both face to face and in writing: This may include warning a duty holder that in the opinion of the officer, they are failing to comply with the law. Where appropriate, officers may also serve enforcement notices, injunctions, withdraw approvals, vary licence conditions or exemptions, issue formal cautions and fixed penalties.

Simple cautions and prosecution are important ways to bring duty holders to account for alleged breaches of the law. Where it is appropriate to do so in accordance with this policy, the council should use one of these measures in addition to other enforcement action.

Investigating the circumstances encountered during inspections or following incidents or complaints is essential before taking any enforcement action. In deciding what resources to devote to these investigations, the council will have regard to the principles of enforcement set out in this statement. In particular, in allocating resources, the council will strike a balance between investigations and preventive activity.

The Council will use discretion in deciding when to investigate or what enforcement action maybe appropriate. The Council will set down in writing the decision-making process which officers will follow when deciding on enforcement action, and make this publicly available. Such judgements will be made in accordance with the Enforcement Concordat agreed between the Cabinet, Home and Scottish (now the Scottish Executive) Offices and local authority associations and also the guidance of the Code for Crown Prosecutions.

The principles of enforcement

The Council believes in firm but fair enforcement of the law. This will be informed by the principles of proportionality applying the law and securing compliance; consistency of approach; targeting of enforcement action; transparency about how the regulator operates and what those regulated may expect; and accountability for the regulator's actions.

Proportionality

Proportionality means relating enforcement action to the offence. Those whom the law protects and those on whom it places duties (duty holders) expect that action taken by enforcing authorities to achieve compliance or bring duty holders to account for non-compliance should be proportionate to the offence, or to the seriousness of any breach, which includes any actual or potential harm arising from a breach of the law.

In practice, applying the principle of proportionality means that the council will take particular account of how far the duty holder has fallen short of what the law requires and the extent of the risk/nuisance to people or non payment arising from the breach.

Some duties
Show More

Related Documents: Assignment: Law and Duty Holders Essay

Essay on Re:Re:Module 4 DQ 1

HaisLee Gillette January 13, 2015 EMS OREGON RULES AND REGULATIONS 333.265 Assignment 1. Define scope of practice- "Scope of Practice" means the maximum level of emergency or non-emergency care that an EMS provider may provide that is set forth by the rules adopted by the Oregon Medical Board. 2.What free does Oregon charge EMTs for their initial application and same day practical examinations- The initial application and same-day practical examination fees for EMTs: -EMT — $110 3.How many clinical…

Words 1489 - Pages 6

Assignment 08: Greed Is Good

Assignment 08: "GREED IS GOOD!" “Do the right thing – Deontology” After reading Kant’s law of equality he stood against the idea of a “greed-run economy”, Kant argues that to act in the morally right way, people must act from duty, and Kant also goes on and argued that it was not just only the consequences of our actions othat makes right or wrong but the motives behind all the actions. Kant would not agree with Gekko’s speech! Looking at Immanuel Kants theory which says we are morally obligated…

Words 442 - Pages 2

Electronic Commerce: Formal Requirements in Commercial Transactions Advice from the Law Commission Essay

Law Commission ELECTRONIC COMMERCE: FORMAL REQUIREMENTS IN COMMERCIAL TRANSACTIONS ADVICE FROM THE LAW COMMISSION December 2001 The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge Professor Martin Partington Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest…

Words 16921 - Pages 68

Laws Of Annual Analysis

BYLAWS OF [COMPANY NAME] ARTICLE I SECTION 1. PRINCIPAL EXECUTIVE OFFICE The location of the principal executive office of the corporation shall be fixed by the board of directors. The secretary of this corporation shall keep the original or a copy of these bylaws, as amended to date, at the principal executive office of the corporation if this office is located in California. The officers of this corporation shall cause the corporation to file an annual statement with the Secretary…

Words 5616 - Pages 23

Real Estate Essay

Work in the real estate industry CPPDSM4080A Edition 2 Assignment 2 (TVET) STUDENT NAME Daniel Skrzypek OTEN NUMBER N855096 Please read the “Guide to completing and submitting assignments” before you begin this assignment. What you need to do To successfully complete this assignment you must answer the following questions to demonstrate your knowledge. The assignment will be granted a result of “Competent” if the learning outcomes are achieved or “not yet competent”…

Words 6817 - Pages 28

Essay on Unit 3 Assessing Risk in Sport

Unit 3 Assessing Risk in Sport Assignment 1: P1) There are 3 key factors that influence health and safety in sport. One of these factors is the legislative factors. This consists of the Health and Safety at Work Act (1974). The Health and Safety at Work Act 1974 is the primary piece of legislation covering occupational health and safety in Great Britain. The Health and Safety Executive, with local authorities (and other enforcing authorities) is responsible for enforcing the Act and a number…

Words 2579 - Pages 11

Essay about Law for International Trade

International Trade Law Assignment 2 Jesse Cooper, 21476608 Part A: On the face of it, or prima facie there are three issues that are raised in this case. Firstly, the jeans were delivered late; secondly, the jeans were mouldy and stained; and finally, an incorrect number of jeans were delivered. In order to determine the rights and obligations of Punked Jeans, and which remedies could be availble, there are a number of steps to be taken. What are the governing laws of the case?…

Words 3416 - Pages 14

Unit 4 Assignment

DECSION ANALYSIS (MBA 600 Unit 4 Assignment) Nwabuoku, Isioma Chibuzor Patten University INTRODUCTION: The Olympic Games was initially religious festival in ancient Greece, but the concept of the games was re-ignited and reformed in 1896 into what is now the modern Olympic movement and transformed from being a religious festival into a sporting event. According to the International Olympics Committee website (2016), the Olympic Movement is the concerted, organized, universal and permanent…

Words 1259 - Pages 6

Assignment 2: TRICARE

Assignment 08 TRICARE or what started out as CHAMPUS, stands for the Civilian Health and Medical Program of the Uniformed services and was established under public law, in 1966. TRICARE was developed on people in the armed forces having a difficult time paying for any medical attention they needed for their families. There now are seven different types of TRICARE coverage including standard, prime, senior prime, extra, young adult, reserve select and reserved retired. Members of TRICARE insurance…

Words 1936 - Pages 8

Essay on Classroom Assistant

Assignment 2 (2.1.1, 2.1.2, 2.1.3) Type of Setting | Age of Children | Governed By | Qualifications Offered | Other Comments | Play Group | 2 to 3 | Private Individuals or Charities | Learn through play | Playgroup is an organised group providing care & socialisation for children under 5; it is less formal than a pre-school education of nursery school. They do not provide full time care operating for only a few hours per day during school term time. | Nursery School | 3 to 4 | Department…

Words 2825 - Pages 12