Newsline

Resource Centre > Glossary > Macrory Review

2006 Macrory Review of Regulatory Sanctions.

In 2006 Richard Macrory was asked to conduct a review of the system of regulatory sanctions in the UK. The Minister wanted to ensure that regulatory sanctions were consistent with and appropriate for a risk based approach to regulation as set out in recommendation eight of the Hampton Review. Recommendation 8 suggested that the Better Regulation Executive should review regulators’ penalty regimes with the aim of making these more consistent. “Administrative penalties should be introduced as an extra tool for all regulators, with the right of appeal to magistrates’ courts unless appeals mechanisms to tribunals or similar bodies already exist. As part of that review penalty powers should be established in such a way that offenders can be deprived of all the economic benefit of longterm illegal activity.” (Hampton Report, p. 122).

Link to BERR website for updates.

Professor Macrory made the following recommendations for the government:

  • Examining the way in which it formulates criminal offences relating to regulatory non-compliance;
  • Ensuring that regulators have regard to six Penalties Principles and seven characteristics when enforcing regulations;
  • Ways in which to make sentencing in the criminal courts more effective;
  • Introducing schemes of Fixed and Variable Monetary Administrative Penalties, available to those regulators who are Hampton compliant, with an appeal to an independent tribunal rather than the criminal courts;
  • Strengthening the system of Statutory Notices;
  • Introducing pilot schemes involving Restorative Justice techniques; and
  • Introducing alternative sentencing options in the criminal courts for cases related to regulatory non-compliance.

The Government accepted the report’s nine recommendations in full, some of which are being taken forward by the Regulatory Enforcement and Sanctions Act 2008 (Act which allows public authorities to make compensatory decisions in certain cases):

 

  • fixed monetary penalties
  • discretionary requirements including:
    • variable monetary penalties
    • compliance notices
    • restoration notices
    • variable monetary penalties with voluntary undertakings
  • stop notices
  • enforcement undertakings.