Compliance Code

[val]

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!

[Tom Sutton]

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.

[Mike Buckley]

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.