OIC takes 'Engage, explain, educate, enforce’ approach as views sought on enforcement policy

Orkney Islands Council is seeking views on its enforcement policy - which sets out its approach to how it enforces some of the laws it is responsible for - for example in environmental health, trading standards and animal welfare.

The Council's preferred approach to enforcement is 'engage, explain, educate, enforce', meaning that the more formal enforcement methods  like enforcement notices or legal action - are a last resort and reserved for the most serious cases.

Orkney Islands Council is a 'regulator' which means that they can, as necessary, use a range of legal powers to help secure compliance with relevant laws.

This can range from giving advice (verbal or written), the service of legal notices, or submitting reports to the Procurator Fiscal.

The Council is also responsible for granting consent for certain activities, for example through the issuing of licences, approvals or permits or seeking registrations for particular business activities.

Examples of where the Council has a role as a regulator includes:

• Animal health and welfare
• Animal feed
• Anti-social behaviour
• Civic licensing standards
• Dog Control
• Food safety, standards and hygiene
• Health and safety at work
• Infectious disease control
• Licensing standards (alcohol)
• Other public health and environmental health activities
• Pollution control
• Port health
• Private sector housing
• Trading Standards

Nick Long is the Council's Service Manager for Environmental Health. He said: “Words like regulation and enforcement will sound very serious, but in the simplest terms the policy sets out how we carry out our work - important work that helps to keep people safe and well and keeps people and businesses within the law.  

"Formal enforcement processes are a last resort in all but the most serious cases.  Our teams in regulatory services are there to apply the law, but above all they are there to support and advise as well. This policy will help guide how they go about doing this, ensuring that regulations are being applied in a way that is targeted, proportional, accountable, consistent and transparent."

Views are now being sought on the enforcement policy, with the consultation running until 31 August 2023.

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FAQs

What is an enforcement policy?

An enforcement policy is a document which sets out how a “Regulator” will carry out their regulatory activity. It is good practice for it to be reviewed every now and again.

Why is it needed?

The Council is a Regulator and we are responsible for “enforcing” a number of laws. The enforcement policy document sets out how we will do that and what duty holders  - thepeople who have to comply with the law -  can expect. This is to ensure a consistent approach which is understood by all.

What does it apply to?

The policy applies to the following regulatory activities undertaken by the Council:

• Animal health and welfare
• Animal feed
• Anti-social behaviour
• Civic licensing standards 
• Dog control
• Food safety, standards and hygiene
• Health and safety at work
• Infectious disease control
• Licensing standards (alcohol)
• Other public health and environmental health activities carried out by the Council
• Pollution control
• Port health
• Private sector housing
• Trading standards

What has changed since the last one?

We have reviewed the scope of the policy, modernised the policy, checked that parts of the previous policy are still valid and introduced some new information and  templates for our staff to use.

Our preferred approach to enforcement is “engage, explain, educate, enforce”. This means that formal enforcement options (including enforcement notices and reports for prosecution) are a last resort reserved for the most serious caseswhere there is a deliberate or flagrant breach of the law and/or the public or workers are put at serious risk.

Our policy makes this clear.

Why are you seeking my views?

We are keen to hear from duty holders, the public and our regulatory partners to see if they have any comments on our draft enforcement policy. We will consider these comments prior to the enforcement policy being signed off by elected members.

Who has written this ?

The policy is based on our previous “Environmental Health and Tading Standards Enforcement Policy” and has been updated by staff who are involved in our regulatory work. The draft has been reviewed by our legal advisors and our Corporate Leadership Team. The content is based on other similar documents, for example enforcement policies at other local authorities and the requirements of external bodies for example Food Standards Scotland.

What about other council services?

Other council services (for example planning) have their own enforcement policies and procedures (e.g. the planning enforcement charter)  You can access these on the Council website.

How can I comment?

You can send your responses by email to environmental.health@orkney.gov.uk or in writing to environmental health, Orkney Islands Council, School Place, Kirkwall, Orkney KW15 1NY

It’s not worth my while commenting, you won’t take any notice

We welcome all views. The comments that we get will be looked at to see if they need to be incorporated into the policy, keeping in mind that the enforcement policy needs to fulfil a number of purposes and is relevant to the work of our staff, businesses we regulate, the public and external agencies such as Food Standards Scotland.

What if I need a copy of the document in a different format?

We have placed a copy of the draft enforcement policy on our website. If you cannot access the enforcement policy on the web or require a different format, please contact us on environmental.health@orkney.gov.uk or by phone on 01856 873535 so we can try and help.

When does the consultation run until?

The consultation will close on 31 August 2023