Purpose and method of enforcement
The purpose of our enforcement function is to:
- ensure that preventative, remedial action is taken to protect relevant persons
- secure compliance with the regulatory system.
The term enforcement has a wide meaning. The need for enforcement may stem from a lack of knowledge or a deliberate or negligent act. It applies to all dealings between us and those on whom the law places a duty.
The purpose of enforcement is to:
- promote and achieve sustained compliance with the law
- ensure that the person responsible for premises subject to fire safety regulation takes immediate action to deal with serious risks to persons’ safety
- ensure those individuals, businesses and other undertakings that breach fire safety requirements are held to account. This may include bringing alleged offenders before the courts.
We have a wide range of interventions at its disposal to:
- secure compliance with the law
- ensure a proportionate response to criminal offences
Officers may offer individuals, businesses and other undertakings information and advice. This can be in person, in writing by letter or email, or over the telephone. It may include a warning that, in the officer’s opinion, they are failing to comply with the law.
Where appropriate, officers may:
- agree on an action plan
- provide a notification of deficiencies report or serve an enforcement
- prohibit or restrict the use of a premise
- prosecute
These actions are important ways to bring individuals, businesses and other undertakings to account for alleged breaches of the law:
- enforcement
- prohibition notices
- prosecutions
We will use one or more of these measures to secure compliance with fire safety legislation. This will be where it is appropriate to do so and in accordance with this policy.
Before taking any enforcement action, we will investigate the circumstances:
- encountered during audits
- following incidents of complaints
In deciding what resources to devote to these investigations, we will have regard to:
- the principles of enforcement set out in this statement
- the objectives published in the Integrated Risk Management Plan
We will use its discretion to decide when to investigate and what enforcement action may be appropriate.
We will set down in writing the decision-making process. It will be made publicly available. When deciding on enforcement action, officers will:
- follow the decision-making process
- utilise this policy
Such judgments will be made following Better Regulation principles, which are in accordance with the Regulators Code.