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Time for reform?

22 November 2007 / Richard Harris
Issue: 7298 / Categories: Features , Regulatory
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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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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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