The Environment Agency – along with other regulatory bodies in England – is subject to the Regulators code. This requires them to consider a number of criteria when considering enforcement action, something that many might feel has been lost over recent years.
- Regulators should carry out their activities in a way that supports those they regulate to comply and grow
- Regulators should provide simple and straightforward ways to engage with those they regulate and hear their views
- Regulators should base their regulatory activities on risk
- Regulators should share information about compliance and risk
- Regulators should ensure clear information, guidance and advice is available to help those they regulate meet their responsibilities to comply Regulators should ensure that their approach to their regulatory activities is transparent
The EA has recently consulted on their approach to this and has now published an appeal process for a regulated person or facility to follow in the event that they believe they have been subject to unreasonable enforcement that has not followed the Code..