Enterprising Regulation WorkshopKingston November 2013

Erica ShewardBetter Regulation Delivery Office

Better Regulation Delivery Office• Expert unit in the UK Government Department for Business, Innovation and Skills

• Responsible for delivering the Government’s commitment to cut red tape, improve public protection and boost UK economy through better regulatory enforcement

•Transforming the business experience of regulation at the front line

BRDO: Who we work with

We work with businesses to reduce burdens and improve regulation for them

We bring national and local regulators and policy makers together to create tools that cut red tape and provide protection

We advise Government on delivering regulation and inspections

BRDOBRDO

A game of 2 halves

• What we doThe practice of doing

better regulation

• Why we do itWhat works

It’s not about balance- It’s about a win/ win

• Regulation for a purpose

• Compliance not the end point

• Focus on outcomes – prosperity and protection

Key messages for prosperity and protection

• ‘Good’ regulation can support growth, as much as ‘poor’ regulation hinders it

• How regulation is delivered (enforcement) matters• Key aspects of delivery include

–Right level regulation-local/regional/national–Hearing business as the ‘customer’ of regulation

Regulatory outcomes

Place People

Production

Green Growth

Safe Communities

Environment

Economy

Society

Prosperous communities

Quality of life

It’s about risk based regulation

a) Strategic Risk – recognising emphasis from policy and statute

b) Prioritisation – across markets and hazardsc) Operational Risk Assessment – selecting optimum

intervention strategiesd) Risk Based Targeting – maximising the value of

inspectione) Sanctioning by Risk – ensuring a proportionate

response

61% of businesses: Local councils do not understand businesses well enough to regulate

LBRO/NAO Business perspectives survey 2012

1 in 7 businesses: regulation is the most challenging aspect of running a business

80% businesses: non-compliance would affect relationships with our customers

Some of our BR Initiatives- What works?

• Primary Authority – direct and coordinated partnerships, large and small businesses

• RDNA and GRIP • IRIS• The Regulators Code• LEPs• Interventions Research

Primary Authority for small businesses: Horsham Council and the Meat traders•The retail/catering butchery sector linked with 2 major E coli outbreaks in 1996 and 2005killing over 20• Compliance with food safety legislation in thisSector (particularly HACCP requirements) traditionally low Horsham Council working with a group of small retail butchers developed assured advice under a Primary Authority shared approach to compliance Businesses involved in the process of developing assured advice in the form of a food safety toolkit with the local authority regulator who was an expert in enforcement in the meat sector Assurance for businesses that if they used the tools and followed the advice they would be compliant

Regulators Competency

The availability of a cost-effective means for regulators to address their development needs is helping to meet the challenge at both national and local level to maintain the professional competency of staff with limited resources.

One key aim is to encourage and equip regulators to make greater use of their professional judgment and discretion, in order to maximise compliance in a way that is best suited to the particular circumstances

The Regulators Code

• This is a statutory Code of Practice that replaces the Regulators’ Compliance Code. It provides a clear framework for how regulators, ranging from national organisations to local authorities, should interact with those they regulate. It has been published now to allow regulators the maximum time to reflect on its content and prepare for its introduction. It is anticipated that the Code will be brought into statutory force (by a Statutory Instrument) in April 2014.

LEPs- BBFA

• BRDO is working with LEPs to identify regulatory approaches that support local enterprise and make this learning available to others in the form of

Better Business for All (BBFA) resources

Research

Regulatory ‘Interventions’ Rapid Evidence

AssessmentWhich regulatory interventions maintain protections whilst supporting economic

growth?

Sustainable improvement in delivering regulation

Rules

Frameworks Performance Management

Accountability to business

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Values

Thank you -Questions?