Deregulation and Contracting Out Act 1994: Appeals Mechanism (Hansard, 11 March 1996)

The Parliamentary Under-Secretary of State, Ministry of Defence (Earl Howe)

My right honourable friend the Chancellor of the Duchy of Lancaster is today issuing for consultation a draft statutory instrument setting out the model provisions. The model appeal mechanism is designed to provide a fair and independent process for resolving disputes about enforcement across a wide range of policy areas. It provides for problems to be ironed out at the earliest stage by giving a right to be warned before enforcement action is taken, and a chance to make representations to challenge proposed enforcement action, unless immediate action is necessary. It will also require enforcers to give reasons for taking action and explain how an appeal can be made. These rights have already been applied to health and safety regulations and will shortly be applied to environmental standards, food safety and building regulations, with a range of consumer affairs legislation to follow. The model appeal mechanism provides for appeals to be considered on the merits of the case by a three person panel. Common procedural rules would apply to all enforcement appeals with time limits and active case management to ensure a simple, speedy and inexpensive process. I have arranged for copies of the consultation paper to be placed in the Library of the House.