ENFORCEMENT - 25.11.2011

What’s a Primary Authority scheme?

Managing expectations

If you have premises in more than one region, like the National Trust, you can find yourself on the receiving end of conflicting demands from different health and safety enforcing authorities. To overcome this, local authorities, fire authorities and the HSE provide the option of applying for a single authority to take the lead. Schemes are available covering the regulation of: building standards, fire safety, health and safety, food safety and trading standards.

Note. The terminology used does vary depending on which authority you speak to. As well as Primary Authority you may also come across the terms “Partner Authority” and “Lead Partner”. Essentially, though, they’re all the same thing (see The next step).

How does it work?

These schemes work by a formal agreement being set up with a lead authority on the particular topic. For example, if it’s about health and safety, the employer concerned will typically confirm their safety management arrangements and self-monitoring plan. They will also need to be prepared to share their action plan for improving safety within the business. In return, the lead authority takes a degree of control over how the other authorities across the country work with you.

Why bother?

Benefits include the possibility of an agreed inspection plan, so you shouldn’t be subject to random visits. Also, if inspectors from any authority visit, they’re obliged to speak to the lead authority before taking formal action.

Should you go for it?

As of July this year there were 1,090 schemes covering 317 businesses and 63 local authorities. So there are certainly enough firms out there who think that it’s worth the trouble to put one of these agreements in place.

Tip 1. Without doubt, the schemes are suitable for nationwide businesses. The amount of upfront work is worthwhile for the benefit of consistent enforcement and as you’re already going to be on the radar, there’s little harm in putting your standards forward for scrutiny.

Tip 2. If you only have premises in a handful of areas, then we’d advise you to steer clear unless you’re having big problems with differing enforcement approaches.

Note. Despite the fact that the government is reviewing the way that the authorities, e.g. the HSE, work, there’s no indication that schemes such as these will be scrapped.

How do you apply?

Tip. If you’d like one of these agreements, begin by approaching the authority which has acted the most reasonably in dealing with your business. However, they’ll want the lead authority to be where your headquarters are, so be ready to explain your choice.

For further information on Primary Authority schemes, visit http://healthandsafety.indicator.co.uk (HS 10.06.02).