This certificate provides participants with an overview of the rationale for regulation and the various methods of enforcement – civil and criminal enforcement as well as investigations and hearings. It is open to solicitors, barristers and trainees, and suitably qualified professionals who work in in the area of enforcement or those who wish to transition to such roles. Additionally, the important area of challenges to decisions of a regulatory body is examined. There is focus on enforcement notices, pitfalls to avoid and the key issues that affect the ability to enforce. Participants will critically evaluate sample enforcement notices and understand the consequences arising from a poorly drafted notice.
The course will also see experts examining discrete areas of enforcement and the particular concerns relating to each sector. Data protection and freedom of information and data sharing between public bodies will also be addressed.
Practical skills workshops are an integral part of this certificate and will assist participants with honing their drafting skills, particularly when drafting letters of instruction and enforcement notices. There is a bonus module for non-lawyers to assist them with legal literacy skills.
Module 1: Introduction to Regulation Law
- Why regulate – rationale for regulation, overview of sectors and public bodies,
- The function of regulation, its various form,
- Current issues in regulation.
Module 2: Methods of enforcement
- Overview of phases in the regulatory cycle,
- Civil enforcement overview, enforcement in the Courts, challenges to processes,
- Enforcement/ the inquiry process, investigations, hearings, decision-making,
- Criminal enforcement, regulatory criminal law enforcement, vicarious liability.
Module 3: Challenges to decision of regulatory bodies
- Judicial review/appeals, categories of statutory appeal,
- Oversight of regulatory decisions,
- Emergency applications and injunctions.
Module 4: Enforcement and enforcement notices
- Pitfalls to avoid in the enforcement process,
- Key issues that affect the ability to enforce,
- Duty to give reasons and adequacy of reasons,
- Components of an effective enforcement notice,
- Consequences arising from a poorly drafted enforcement notice,
- Use of precedents.
Module 5: Writing and drafting skills
- Writing and drafting skills,
- Use of precedents,
- Writing a letter of instruction – key features,
- Drafting an effective enforcement notice,
- Sample notices.
Module 6: Legal and literacy skills
- Legal writing,
- Legal citations,
- Online sources, law reports.
Module 7: Enforcement by sector
- Social care and healthcare,
- Environmental and food safety,
- Justice, mental health,
- Financial services,
- Childcare.
Module 8: Data protection and Freedom of Information
- Data protection principles,
- Government data and public sector bodies,
- Sharing data between public bodies,
- Data protection v Freedom of Information,
- Managing subject access requests.
Workshops are interactive sessions that focus on group problem-solving and are designed to consolidate the knowledge learned and apply it in practice.
Workshops
Workshops are interactive sessions that focus on group problem-solving and are designed to consolidate the knowledge learned and apply it in practice. One workshop will focus on drafting an enforcement notice.
- Workshop 1:Tuesday, 1 December 2026 (online)
- Workshop 2: Saturday, 17 January 2027 (onsite)
