Enforcement policy (regulatory services, housing and health)

Criteria for adopting formal action

The use of enforcement action will at all times be consistent with the principles set out in the Regulators’ Code. In coming to a decision officers will have regard to:

  • The seriousness of the offence
  • The individual’s or company’s past history in terms of compliance
  • Confidence in management
  • The consequences of non-compliance in terms of risk and harm to people, property, or the environment
  • The likely effectiveness of the various enforcement options, and
  • The risk to public health.

Other factors that will be considered, where relevant, include:

  • Case law
  • The overall record of the company
  • The significance of the proposed action in national terms, and
  • The application of any legislative requirements, statutory guidance, codes of practice and guidance published by relevant professional bodies to the matter in question.