The Rural Payments Agency (RPA) has published the response to its October 2024 consultation on a proposed regulatory approach to hedgerow management. The consultation addressed various aspects of the approach, such as appeals and enforcement actions. Although most respondents supported the RPA’s advice and guidance led enforcement approach, some expressed concerns that it could weaken hedgerow protection compared to previous enforcement measures linked to scheme payments. In response, the RPA has updated its statutory guidance, clarifying that civil and criminal sanctions will be applied for first offences in serious cases and provided clearer examples to illustrate when and where different types of enforcement actions might be taken.

The Regulatory Policy Committee (RPC) has published an updated opinion on the Online Safety Act 2023 (OSA 2023) impact assessment. It found that the impact assessment continues to be fit for purpose, fully assesses the direct impact on businesses, provides a good monitoring and evaluation plan, and assesses wider impacts well. However, the RPC expects further assessments to be submitted at secondary legislation and/or regulator stages.

The Regulatory Policy Committee (RPC) has published a 'green-rated' opinion on the Department for Environment, Food and Rural Affairs (Defra)'s impact assessment (IA) for the draft Deposit Return Scheme for Drinks Containers (England and Northern Ireland) Regulations 2024, deeming it ‘fit for purpose’. The draft Regulations, scheduled to come into force on 27 October 2027, introduces a Deposit Return Scheme (DRS) covering polyethylene terephthalate drinks bottles, steel drinks cans, and aluminium drinks cans between 150ml and 3 litres in size. The IA incorporates significant policy developments since the 2022 version. While the RPC acknowledged improvements in the analysis, particularly in addressing the direct impacts on businesses, it identified areas for further improvement, such as the assessment of risks, uncertainties, and the evaluation of consumer and wider impacts.

The Regulatory Policy Committee (RPC) has published its opinion on the Impact Assessments (IA) for the Employment Rights Bill, deeming it 'not fit for purpose'. The Bill, which aims to amend employment rights law, redundancy procedures, and labour market enforcement, among other areas, was assessed through a summary IA and 23 individual IAs. The RPC found eight of these individual IAs to be inadequate, with six falling into the 'highest impact' category. The RPC recommends incorporating broader macro-economic analysis and providing further evidence on intervention rationale, option identification, and justification for the chosen approach, particularly regarding impacts on small and micro-businesses. The issues are summarised in the main body of the opinion and are provided in detail in Annex A of the opinion.

The Regulatory Policy Committee (RPC) has reviewed the Department for Business and Trade’s (DBT) impact assessment for the Product Regulation and Metrology Bill, introduced to Parliament on 11 September 2024. The Bill covers UK product safety, regulation, and metrology framework. The RPC stated that DBT’s impact assessment provides enough evidence supporting the need for intervention, but does not monetise the impacts, as the Bill’s powers do not directly impose costs or benefits. Further analysis of costs and benefits will follow for secondary legislation, but the RPC believes the Bill can be improved by additional detail of the impacts expected from the related secondary legislation being included.

The Retail Price Index, which is the index of retail prices compiled by the Office for National Statistics.

In R (on the application of FDA) v Secretary of State for Work and Pensions, the Court of Appeal held that the government was entitled to change the measure of inflation used in public sector pensions from RPI to CPI.

Radiation Protection Programme

Radiation Protection Supervisor

Law360: On 7 February 2019, RSA Insurance PLC told the Court of Appeal it has the right to make a claim against Italian insurer Generali over an asbestos payout, saying the law that the High Court relied on when ruling against the company last year, does not apply.

Insurance & Reinsurance analysis: In this reinsurance claim, RSA sought an indemnity under its reinsurance policy for the damages and defence costs it incurred in the settlement of claims against its underlying insured. This case provides valuable judicial guidance on key clauses in reinsurance policies: excess limits, claims co-operation and Follow Settlement clauses. The Court held that: (i) the applicable excess could only be eroded by indemnity payments and not by defence costs; (ii) the Claims Cooperation clause did not limit the power of RSA to bind Equitas to settlements under the Follow Settlements clause; (iii) RSA had not failed to take ‘all proper and businesslike steps’ in entering into settlement, so Equitas was bound by the Follow Settlements clause; and (iv) RSA was entitled to simple interest from the date of each respective loss. Written by Sonia Campbell (partner), Josianne El Antoury (special counsel) and Harriet Thurstan (associate) at Covington & Burling LLP.

The Regulator of Social Housing (RSH) has added four new guidance notes to the collection of statutory guidance under section 215 of the Housing and Regeneration Act 2008 (HRA 2008). The new guidance notes are: guidance note 20: Direction to the Homes England or Greater London Authority; guidance note 21: Financial Assistance; guidance note 22: Information; and, guidance note 23: Transfer of Property. All of the new notes apply from 1 April 2024.