Primary Authority Partnerships

Introduction

This policy outlines the context and reasons why Coventry City Council is adopting the Primary Authority Partnerships Scheme (the Scheme). It goes on to set out the policy for accepting and declining requests from businesses to join the scheme and how these partnerships will operate.

Primary Authority is a statutory scheme, underpinned by legislation that allows an eligible business to form a legally recognised partnership with a single Local Authority in relation to regulatory compliance. This Local Authority is then known as its ‘Primary Authority.’ Further information on Primary Authority can be found on the GOV.UK website.

The legislative framework that supports Primary Authority Partnerships is provided by the Regulatory Enforcement and Sanctions Act 2008 (as amended). Further guidance and detail on the scheme is available at the Office for Product Safety and Standards.

Context

Coventry City Council has agreed that its Regulatory Services Team may enter into Primary Authority Partnerships with businesses and the scheme will be operated on a cost recovery basis. This ensures businesses benefit from the statutory basis of Primary Authority Partnerships whilst ensuring that the Regulatory Services Team can provide support that encourages business confidence, sustainability and growth.

What does a Primary Authority Partnership cover?

We will continue to carry out our statutory duties in relation to inspections, investigations of breaches of legislation and complaints. These activities do not form part of a Primary Authority Partnership.

We can act as a Primary Authority for Environmental Health and Trading Standards and have qualified officers experienced in the following areas of regulation:

• Age Restricted Products.
• Food Safety and Hygiene.
• Health and Safety.
• Fair Trading.
• Product Safety.

As part of our Primary Authority Partnership, the following services are included:

• Liaison with other enforcement agencies and the public and co-ordination of enquiries from other Local Authorities/ Regulators/ members of the public.
• On-going strategic support for the business. This includes providing comprehensive advice and guidance from professionally qualified officers and having regular contact with the partner business.

In addition, we will consider requests from the partner business to provide additional support such as:

• Training in application of regulatory requirements.
• Review of policies, procedures and systems.
• Audit of business systems.
• Audit of business compliance.

Requests to enter into a Primary Authority Partnership

Requests to enter into a Primary Authority Partnership with Coventry City Council can be made directly to the Regulatory Services Team via the following email addresses:

• Trading Standards tradingstandards@coventry.gov.uk
• Food & Safety ehcommercial@coventry.gov.uk

In some circumstances, requests from businesses may be referred to us through the Office for Product Safety and Standards.

We are committed to supporting our Primary Authority Partnerships from within our own professional staff resources. This ensures that partner businesses benefit from quality advice from highly trained and competent officers. However, these resources are finite, and we reserve the right to decline requests where we feel that we could not meet this commitment.

Requests from businesses will be prioritised based on factors such as previous history with us and whether the head office or significant part of their operation is based in the Coventry City Council area.

Other requests will be considered but may be declined.

Refusal of requests to join a Primary Authority Partnership

Whilst we are committed to supporting legitimate businesses and providing services that do this through Primary Authority Partnerships, we reserve the right to refuse requests to join the scheme where we consider that to do so is in the best interests of Coventry City Council.

The following are examples of circumstances under which we may refuse a request:

• The partnership would exceed our resource capacity.
• The business refuses or fails to agree to the terms and conditions or costs of the partnership within a reasonable time.
• There is an irretrievable breakdown in the relationship between the business and Coventry City Council or any other Regulator.
• Outstanding legal action against the business.
• Evidence of serious or repeated non-compliance with statutory responsibilities.
• Evidence of a failure to follow advice properly given by us or any other Regulator.
• The decision to accept or refuse a request to enter into a Primary Authority Partnership with us rests with the Strategic Lead of Regulation.

Formation and Delivery of Primary Authority Partnerships

Formation of a Primary Authority Partnership involves the following elements:

• Our acceptance of a request to form a Partnership.
• Agreement to the standard terms and conditions of Primary Authority.
• Agreement on costs and charges and operational matters through the Summary of Partnership Arrangements.
• Nomination by the Office for Product Safety and Standards (OPSS).

Primary Authority Partnerships will be based on the standard terms and conditions developed by OPSS which maintain the integrity of the statutory scheme. Details specific to the partnership will be outlined in the nomination submitted to OPSS who have delegated authority on behalf of the Secretary of State to approve partnerships.

Fees and charges

All businesses in a Primary Authority Partnership with us will be charged fees to recover the reasonable costs we incur in acting as the Primary Authority.

Services will be charged at an hourly rate.

Any separate expenses incurred would be agreed in advance and charged in addition to the
hourly rate (e.g. travel costs, testing fees).

An initial set-up fee will be charged to all businesses entering the scheme.

The fees charged will be reviewed bi-annually.

Current fees and charges.

Termination of Primary Authority Partnerships

A Primary Authority Partnership may be terminated at any time in accordance with the provisions set out in the legislation and guidance that regulates the scheme.

Primary Authority Policy – Coventry City Council

November 2022