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.