According to the Gloucester City Council (2009), enforcement is define as an action that conducted by the environmental health services that are responsible in regulating a wide range of legislation. Enforcement action will be taken in a case where it is found that someone is not complying with the legislation. The main concern of the enforcement action is to protect public health, environments and also groups of people such as workers and consumers. It is also believed that by carrying out the enforcement action in a fair practical and consistent manner could also help to promote a successful local economy. There are several factors that must consider when taking the enforcement action, such as the seriousness of the breach, the track record of non-compliance, the consequences of non-compliance, and the continued risk to health, safety and environment.
As stated by the Gloucester City Council (2009), there are three types of action that can be taken after inspecting the premises which is no action, informal action and formal action. No action usually done when there are no breaches of legislation are found and the condition and the premise are in a satisfactory condition. Therefore, no further action will be carried out. Informal action will be carried once it is found that breaches are established but will not be serious enough to take formal action. The informal notice will be given in the form of letter and a scheduled; sometimes it may only require a verbal advice on how they can remedy any contravention of the law and on general good practice. The last option is Formal action, it will only be taken if there is serious breaches are established. There are several formal actions that can be used such as Hygiene Improvement No...
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...e seizure and detention notices. However, the officer must not sign the notices unless they have witness those contraventions and when all of the relevant criteria are satisfied. It is also important to remember that all detention and seizure of food notices and detention of food notices shall be served in accordance with the relevant code of practice and the Public Protection Departments of Seizure of Detention Food Practice. Once the seizure of food notices has been serving, an application for a food condemnation order must be made to the Magistrate’s Court as soon as possible and most preferably within two days. While, once a detention of food has been served, the authorised officer shall either issue a withdrawal of detention of food notice or seize the food within 21 days and subsequently serve a notice warning of the intention to apply for condemnation order.
Police Powers in N.S.W The Police Force in N.S.W must have sufficient powers so that they are able to enforce the law properly and effectively for the safety of the community and its occupants. Powers, which provide Police to maintain and enforce the law, include: stop search powers, powers of arrest, move on powers, confiscation powers and the power to obtain personal details along with various others. Search powers permit police officers, for example, who have reasonable cause to suspect that a person has unlawful custody of a dangerous implement, to search the person and to examine any other personal effects, the person in question has with them (Summary Offences Act section 28A). After this search police may confiscate the implement or implements in the possession of the person who has it in their unlawful custody (Summary Offences Act 28B). After this the officer may formally charge the person or proceed with a summons, now the person must divulge their name and address.
CQC (2009) Guidance about compliance. Summary of regulations, outcomes and judgement. Available at: http://www.cqc.org.uk/sites/default/files/media/documents/guidance_about_compliance_summary.pdf Accessed on: 21/03/2014
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
The environment and the health of the surrounding population go hand in hand. The Environmental Protection Agency takes on this ever so important mission of protecting them both. The mission statement of the EPA states, “The U.S. Environmental Protection Agency's Office of Small Business Programs is to support the protection of human health and the environment by advocating and advancing the business, regulatory, and environmental compliance concerns of small and socio-economically disadvantaged businesses, and minority academic institutions (US Enviromental Protection Agency, 2010).” The impact of its mission can be defined clearly as it examines the impact of contamination in the air, the water, and the land on human health.
Gillick v West Norfolk & Wisbeck Area Health Authority [1986] AC 112 House of Lords
Are there no laws to control or stop it ? In regards to these questions,
The first step is a community care assessment, which is usually arranged by the local authority's
1. One who has confessed a debt, or against whom judgment has been pronounced, shall have thirty days to pay it in. After that forcible seizure of his person is allowed. The creditor shall bring him before the magistrate. Unless he pays the amount of the judgment or some one in the presence of the magistrate interferes in his behalf as protector the creditor so shall take him home and fasten him in stocks or fetters. He shall fasten him with not less than fifteen pounds of weight or, if he choose, with more. If the prisoner choose, he may furnish his own food. If he does not, the creditor must give him a pound of meal daily; if he choose he may give him more.
The Criminal Process in Environmental Regulation. (n.d.). UH Law. Retrieved April 6, 2014, from http://www.law.uh.edu/faculty/thester/courses/Environmental-Practicum-2014/syllabus/chap6.pdf
Local authority: will be in charge of ensuring the surrounding area is not being disturbed and more importantly are safe around the construction site. They will enforce things such as:
Occupier's Liability Objective The objective of this document is to outline the obligations of the RSPB, as occupier of property. The obligations are set out in two Occupier's Liability Acts 1957 and 1984, and are owed to persons who enter RSPB property either as licensed visitors, or as unlicensed trespassers. The document does not purport to cover every particular situation and those in any doubt should consult Legal and Compliance as to secure their own position. Overview The RSPB owns large quantities of real estate, including many public reserves. It also owns many offices to which employees have access.
In addition, it mandated the removal of all ozone depleting substances as well as mandating a required permit program. This part of the amendment was called Clean Air Act Permitting Program (CAAPP). In this case permits would have to be attained by major sources of pollutants to operate. To have a successful implementation the 1990 amendment the EPA more tools for enforcement of these new regulations. The Environmental Protection Agency is undoubtedly the most influential and powerful agency in charge of protecting human and environmental health as well as writing and implementing regulations based on laws passed by Congress. The EPA is an agency that was created with the intent to meet public needs, express public values (Zaino 243) and prevent incidents such as the 1948 Donora Smog which was a catalyst to all of the Clean Air Acts enacted.
The crucial importance of law changing behaviour, which was always debatable, has now become more controversial. The substantial influence of legislation has sparked the controversy over the potential impact of this trend on modifying the human behaviour. While it can be agreed that law might have the ability to alter individuals’ conduct, there are some parts it cannot touch. This essay will elaborate how by following the rules continuously it may become a habit and it may have the impact on behaviour and why people sometimes act against the laws thus will lead to a reasoned conclusion.
In general, Legal behavior are rules that mandate or prohibit certain behavior in society; drawn from ethics. In other words we can say that it is associated with all equipment, processes, procedures, practices, languages, cultures, and other relative concepts in the system of the law.
Environmental law is a broad form of law developed to regulate how human activities affect the physical and biological environment (Doremus et al 2008, 2). Environmental law can be large scale or small scale, global or local; but it takes the cooperation of many different agencies to be successful. Overall, environmental law has contributed to a healthier environment in many ways. Since the beginning of environmental law and regulation, society has seen advancements in sanitation, pollution, air and water quality disease control and prevention, and ultimately in quality of life.