FireNet Community
FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: BB on May 03, 2008, 04:26:50 PM
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Hi Can anybody shed any light on the new compliance code which came into force on 6th April 2008 for use by all regulators.
Will this code replace the enforcement concordat or is it there to work along side it.
your thoughts please!!
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The new code replaces the concordat which was a voluntary 'sign up' procedure. The new one is compulsory.
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Where can one get the new code?
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Try http://www.berr.gov.uk/bre/inspection-enforcement/implementing-principles/regulatory-compliance-code/page44055.html I think that may be what you are looking for.
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I do not think that is quite correct. The enforcment concordat is for inspectors whilst the Compliance code is about enforcement. I think you will find that the 2 will run together until CLG develop a new code that covers both elements.
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Jokar
Thanks for that information. I was informed that the compliance code would replace the enforcement concordat but having looked through it, it makes no reference to Fire Authorities or the Fire Safety Order. I am therfore of the same opinino as you.
The code details the process of what regulators must do!!
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I do not think that is quite correct. The enforcment concordat is for inspectors whilst the Compliance code is about enforcement. I think you will find that the 2 will run together until CLG develop a new code that covers both elements.
Jokar,
You may be ahead of me on this one but I think that BERR are the new kids in town and CLG are not in this game any more. BERR may make the right soothing noises to colleagues in CLG etc but behind the scenes they are Gordon's creation and wield the real power across all regulators. (Well until last weeks' elections anyway!!)
I think that the concordat has been withdrawn.
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I will have another go try http://www.cabinetoffice.gov.uk/~/media/assets/www.cabinetoffice.gov.uk/regulation/compliance_code%20pdf.ashx is this what you are looking for?
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This is the full published version.
http://www.berr.gov.uk/files/file45019.pdf
but don't despair, the BERR site is simply terrible to navigate around.
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I do not think that is quite correct. The enforcement concordat is for inspectors whilst the Compliance code is about enforcement. I think you will find that the 2 will run together until CLG develop a new code that covers both elements.
Jokar the link I gave in posting 4 you can down load the same document Val's link in posting 9 but your comments above indicates there is two codes.
Check out the second paragraph in link 8 which says,
[The Code is made under sections [x to y] of the Legislative and Regulatory
Reform Act [2006], and interprets the principles in section [z]. Where this
Code applies, it supersedes the 1998 Enforcement Concordat.2]
The way I interpret that the concordat has been replaced by regulators’ compliance code.
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My information from CLG is exactly what I have stated above, that the BERR document deals with enforcement and how enforcers should enforce and that the inspectors will keep to the concordat unrtil CLG rewrite the whole process later this year.
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I stand corrected but when the Cabinet Office says one thing and the DCLG says something else no wonder there confusion. However I do accept when you read the document it is directed at the regulators and the concordat is directed at enforcement officers.
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On reflection I have a query who is the regulators, in relation to fire I would think it is the FRS and the enforcement officers the FRS inspecting officers if that is right where is the demarcation? Or is the regulators some one else?
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Jokar
Thanks for that information. I was informed that the compliance code would replace the enforcement concordat but having looked through it, it makes no reference to Fire Authorities or the Fire Safety Order. I am therfore of the same opinino as you.
The code details the process of what regulators must do!!
Looking at the code I see that there is a specific reference (para 9.4) to the FRA's which exempt them from two paragraphs which would indicate they are covered by the rst of the code.
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Correct Mike the Fire authorities in England and Wales are subject to the Legislative and Regulatory Reform Act 2006 because they exercise a regulatory function and this code was issued under section 22 of that act.
But an inspector or investigator should operate in accordance with a regulator’s general policy or guidance on inspections, investigations and enforcement activities, the Code does not apply directly to the work of that inspector or investigator in carrying out any of these activities in individual cases.(section 2.4 of the code.) So it appears the code applies to the policy makers in the FRS but not the inspecting officers I think.
Also check out note 5 on the bottom of page 7.
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Twsutton
You are right. In the parlance of BERR and LBRO, the code applies at the policy or general level but it acknowledges that every single individual action taken by inspectors cannot be subject to the full rigours of the code. It won't stop certain well known national businesses arguing that it does however!
Jokar, it will be intersting to see whom (who?) at the CLG has the time to write it. Last time I counted there were three. Really good move disbanding the HMFSI!
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Agreed Val inspectors cannot be subject to the code but they are subject to the procedural documents of the FRS which should have taken the compliance code into account when were written so indirectly they are complying with the code.
Also it would be interesting to know what the DCLG are planning maybe some guidance or a DCOL, if it was, then at least all FRS in England and Wales would be singing from the same hymn sheet.
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Correct Mike the Fire authorities in England and Wales are subject to the Legislative and Regulatory Reform Act 2006 because they exercise a regulatory function and this code was issued under section 22 of that act.
But an inspector or investigator should operate in accordance with a regulator’s general policy or guidance on inspections, investigations and enforcement activities, the Code does not apply directly to the work of that inspector or investigator in carrying out any of these activities in individual cases.(section 2.4 of the code.) So it appears the code applies to the policy makers in the FRS but not the inspecting officers I think.
Also check out note 5 on the bottom of page 7.
Yes I would agree and the code applies to the policymakers of all the regulatory bodies. It gives the freedom of the regulator to deploy their inspectors in the way they think fit, as long as they fulfil the code overall.
Hence if a FRS has an aim of a 60:40 ratio of proactive to reactive inspections it does not mean that an individual FSO has to achieve that ratio, as long as the FRS itself achieves that ratio it is fine.
Also note section 2.6 of the code which enables the regulator to bail out if they can prove the provision is not relevant etc.