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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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