Salford City Council policy on Primary Authority
Introduction
Primary Authority is a statutory scheme, established by the Regulatory Enforcement and
Sanctions Act 2008. It allows an eligible business to form a legally recognised partnership
with a single local authority in relation to regulatory compliance. This local authority is then
known as its ‘primary authority’. Further guidance and detail on the scheme is available from
the online Primary Authority Register
Primary authorities play a valuable role in leading and shaping the regulation of businesses
that partner with them. In doing so, they deliver benefits for the regulatory system as a
whole, for the businesses they partner with, and for those that the regulations are designed
to protect consumers, workers and the environment.
This document sets out why Salford Regulatory Services has committed to offering primary
authority services, its policy for accepting or declining requests from businesses to enter into
a partnership, how such partnerships will be run and mechanisms for charging.
Previous schemes
Salford City Council has resolved to end Home Authority Partnerships in favour of
providing support to businesses under Primary Authority. The reasons for this decision are
that:
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Primary Authority has a statutory footing whereas previous schemes have
been on an entirely voluntary basis.
Primary Authority provides additional benefits to businesses.
The ability to recover costs will allow Salford Regulatory Services to continue to
provide services to businesses and offer reassurance to those businesses that
support will be available.
Regulatory functions covered by Primary Authority partnerships
Salford Regulatory Services will continue to carry out its statutory duties in relation to
programmed inspections of businesses as well as the investigation of breaches of legislation
and consumer complaints. These activities do not form part of a primary authority
partnership.
The provision of basic advice to all Salford based businesses consisting of directing
businesses to guidance materials including web-based advice will continue to be available
free of charge. We will continue to provide free, basic support and advice for start-up
businesses that are based in the city of Salford.
Salford Regulatory Services can enter into a primary authority partnership in one or more of
the following areas of regulation:
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Agriculture / Animal Feed
Age Restricted Sales
Consumer Credit
Environmental Protection
Food Safety and Hygiene
Food Standards
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Health and Safety
Housing
Fair Trading
Gambling
Metrology (Weights & Measures)
Product Safety
Pollution Control
The following services will be provided as part of any primary authority partnership:
Liaison with other enforcement agencies and the public
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This comprises coordination of enquiries from other local
authorities/regulators/members of the public.
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Communicating with/responding to other local authorities/regulators with respect to
how they exercise their relevant statutory functions and proposed enforcement
action.
Ongoing strategic support for the business.
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Providing comprehensive advice and guidance from professionally qualified officers
with regular meetings with the partner business.
In addition, the following services can be provided at the request of the business:
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Training
Review of policies, procedures and systems
Audit of business systems
Audit of business compliance
Reviews and analysis of data to assist business planning.
Requests to enter into a Primary Authority partnership
Requests from business to enter into a primary authority partnership are likely to come from
the business directly but may, in some circumstances, be passed through BRDO.
Requests may be for one or more of the areas of regulation set out above.
We are committed to support our primary authority partnerships from within our own
professional staff resources.This is to ensure that partner businesses benefit from the
highest quality advice from highly trained and competent officers. However, these resources
are finite and we reserve the right to decline requests where we feel that we could not meet
this commitment.
Requests from businesses will be prioritised on the basis of factors such as previous history
with Salford City Council and whether the head office or significant part of their operation is
located in Salford.
Other requests will be considered but may be declined.
Refusal of requests to join a Primary Authority partnership
Whilst we are committed to supporting legitimate businesses and providing services that will
do this through primary authority partnerships, we reserve the right to accept or refuse
requests to join the scheme where we consider that to do so is in the best interests of
Salford City Council.
The following is a non exhaustive list of examples of when a refusal may be considered:
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The partnership is likely to exceed Salford Regulatory Services resource capacity
The business refuses or fails to agree to the terms and conditions or costs of the
partnership within a reasonable timescale
There is an irretrievable breakdown in the relationship between the business and
Salford Regulatory Services or any other Regulator.
Outstanding legal action against the business.
Evidence of serious or repeated non-compliance with statutory responsibilities.
Evidence of a failure to follow advice properly given by Salford Regulatory Services
or any other regulator.
Establishment and delivery of Primary Authority partnerships
Establishment of a primary authority partnership involves the following elements:
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Our acceptance of a request to form a partnership
Agreement on the terms and conditions (see below)
Agreement on costs and charges
Acceptance by BRDO
Terms and conditions
Primary authority partnerships will generally be based on the standard terms and
conditions developed by BRDO. Details specific to the agreement will be outlined in the
application and supporting documentation to BRDO.
Fees and charges
All businesses entering into a primary authority partnership will be charged fees to recover
the costs incurred by Salford Regulatory Services in acting as a primary authority.
All primary authority partnerships will be subject to a minimum annual fee to cover Salford
Regulatory Services costs in setting up and maintaining the partnership and providing up
to 20 hours support for the business.
Salford Regulatory Services will, from its own records and from information supplied by the
business, estimate the costs to Salford Regulatory Services of acting as a primary authority.
The fee charged to the business will be the estimated cost or the minimum fee whichever is
higher.
The fees charged will be reviewed six months and 12 months following the date of
commencement of the partnership and annually thereafter. Fee levels may be reviewed
more frequently if requested by the business.
The fees charged and the scope of the partnership will be reviewed at regular intervals
during the lifetime of the partnership and in any case no longer than every 12 months.
Partnership Agreement
Each primary authority partnership agreement will specify, where applicable, the following
information:
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Frequency of reviews of performance and fees charged;
Response times and performance levels of partners;
Format of advice to the business;
Details of any training Salford Regulatory Services will provide;
Details of any reviews of policies, etc. Salford Regulatory Services will undertake;
Details of any audits Salford Regulatory Services will undertake;
Details of any data review and analysis Salford Regulatory Services will undertake;
Details of any other activities either partner will perform under the partnership.
Termination of Primary Authority partnerships
A primary authority partnership may be terminated at any time in accordance with the
provisions set out in the legislation and guidance that regulates the scheme. Further details
are available from the online Primary Authority Register.
Businesses operating in Salford enforcement who have a Primary Authority
partnership with other local authorities
Where businesses that are trading in the city of Salford have entered into a Primary
Authority partnership with another local authority, then Salford City Council will be regarded
as an ‘enforcing authority’ for the purposes of the Primary Authority scheme.
In undertaking its enforcement duties in such businesses, Salford City Council Regulatory
Services will have full and proper regard to the Primary Authority statutory guidance
published by the Better Regulation Delivery Office.
Further Information
Further details and information on business advice are available on Salford City Council’s
website www.salford.gov.uk. Further information on Primary Authority is available on their
website.
If you would like to discuss the scheme further or business advice in general, please contact
Salford City Council Regulatory Services on:
Tel: 0161 925 1346 or
email trading.standards@salford.gov.uk