21/02/2017.

From 1 October, UK businesses of all sizes, as well as pre-start-ups, will have access to tailored regulatory advice from single points of contact within local authorities, under a version of the primary authority scheme that has been simplified and extended by provisions in Enterprise Act 2016.

In addition to being cost-effective and consistent, the scheme also has the key ability to provide ‘assured’ advice: a primary authority may direct against enforcement action that it deems inconsistent with the advice it has given businesses – which consequently have greater confidence to invest and grow.

Since it was introduced in 2009, primary authority has been continually extended to cover more areas of regulation and allow more businesses to participate: by December 2016, 15,850 businesses and 181 Primary Authorities were in partnerships.

The Dept for Business, Energy and Industrial Strategy, which is running the new regime, estimates that the changes will enable over 250,000 businesses to benefit from it. Approximately 90% of them will be small and medium enterprises.

In addition to linking to a draft regulation that will implement the Enterprise Act changes, ‘Unlocking the potential of Primary Authority’ seeks views on

  • simplifying the definition of an ‘enforcement action’
  • updating the relevant functions within primary authority in Scotland and Northern Ireland
  • updating the requirements for a determination by the secretary of state
  • replacing the ‘categories of regulation’ (ie ‘food standards’; ‘fair trading’) that currently define partnerships with a new system based on the regulatory functions that a local authority can offer

‘Unlocking the potential of Primary Authority: Implementing the Enterprise Act 2016’ specifically invites businesses, business groups, local authorities and national regulators to take part in the consultation.