Compliance Code

[BB]

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!!

[Dragonmaster]

The new code replaces the concordat which was a voluntary 'sign up' procedure. The new one is compulsory.

[nearlythere]

Where can one get the new code?

[Tom Sutton]

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.

[jokar]

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.

[BB]

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!!

[val]

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I think that the concordat has been withdrawn.

[Tom Sutton]

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?

[val]

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.

[Tom Sutton]

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.

[jokar]

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.

[Tom Sutton]

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.

[Tom Sutton]

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?

[Mike Buckley]

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.

[Tom Sutton]

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.