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22 November 2007 / Richard Harris
Issue: 7298 / Categories: Features , Regulatory
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Time for reform?

Should punitive health and safety measures be reformed? Richard Harris reports

The government announced plans last month for the implementation of the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) on 6 April 2008. While this has presented a whole new set of punitive measures for failing to comply with health and safety regulations, debate continues within the market place about the suitability of existing punitive measures.

In November 2006, Professor Richard Macrory published his report entitled Regulatory Justice: Making Sanctions Effective. Following upon recommendations made in the Hampton review, Reducing Administrative Burdens: Effective Inspection and Enforcement, covering general business regulation, the Macrory report was commissioned by the government specifically to examine the UK system of regulatory sanctions. Hampton had called for a risk-based sanctions regime in the regulatory sector, that is to say sanctions based on the risk of re-offending. Macrory addressed sanctioning issues in this context.

CURRENT SANCTIONS

There are currently over 60 non-financial regulators operating in the UK. Familiar examples with significant sanctioning powers include the Health & Safety Executive

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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

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Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

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Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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