Corporate report

RPA Regulators' Code

Updated 29 October 2024

Applies to England

The Regulators’ Code provides a clear, flexible and principle-based framework for how regulators should engage with those they regulate, and the information regulators should provide.

Businesses should be able to understand what they need to do to meet the rules, where they can get help and how they can provide feedback to the regulators.

This guidance shows how the Rural Payments Agency (RPA) meets the 6 standards of the code to make sure we’re open and fair with those we regulate.

1. The 6 standards of the Regulators’ Code

1.1 Supporting business growth

The nature of RPA’s engagement with businesses may vary, depending on the size and type of area affected by the change, and the change itself. The Department for Environment, Food & Rural Affairs (Defra) and RPA have constructive working relationships with many business sector trade bodies through our customer engagement activities. For example, we engage with farming and environmental organisations and representative bodies on a monthly basis.  

Alongside this engagement, RPA ensures its officers have the necessary knowledge and skills to support customers through use of proportionate and effective approaches to aid compliance whilst also supporting business growth.

RPA works closely with other environmental regulators, such as the Animal and Plant Health Agency, Natural England, Forestry Commission and the Environment Agency.

1.2 Engagement

RPA uses simple and straightforward ways to engage with the sectors we regulate and to gather their views. We have systems for:

• regular meetings of external stakeholder groups, updating industry representatives on key issues and consulting them on draft guidance and information campaigns
• giving those who aren’t compliant guidance on what they need to do to meet the rules, the actions required, and decisions taken as well as signposting to relevant publications on GOV.UK
• providing an opportunity for discussion in relation to the advice, requirements or decisions
• a formal Complaints and Appeals procedure
• providing our customers with ways to give us site visit feedback, allowing us to take into account the experience of our customers and use their insight to improve our systems and processes where we can

1.3 Risk approach

RPA bases our regulatory activities primarily on risk. This includes minimising the burden of site visits by taking an evidence-based approach, utilising intelligence data analysis and compliance history to address priority risks.

We work closely within RPA and other Defra bodies to seek regulatory efficiencies.

Regulatory site visits are undertaken by utilising our data and previous site visit results to select the number of visits needed to meet the regulatory provisions. We also complete site visits based on intelligence. Referrals of potential non-compliances from members of the public and other regulators are all assessed and triaged to ensure our approach is proportionate and fair.

Our focus is on timely and appropriate enforcement that meets the requirements of the Regulators’ code. Effective enforcement comes from a common format for the collection, exchange and analysis of intelligence. Using the principles of proportionality, consistency, transparency and targeting we seek to resolve any non-compliance or complaint using the appropriate tools to achieve the most effective enforcement option.

1.4 Sharing compliance and risk information

RPA shares information about compliance and risk.

Our Personal Information Charter sets out what our customers can expect from the RPA when we ask for, or hold your personal information. It will explain how we treat your personal information. We may share information with other government departments and agencies.

RPA currently has data sharing agreements within other Defra departments, and our devolved agencies. These are managed by the information asset owner from the relevant directorate and details of each share are recorded on the RPA’s Record of Processing Activities (RoPA). Our Privacy notices will tell you how we handle your personal data. Details of data shares in effect are also included on each service’s Privacy Notice.

At all times, we meet the requirements of the Data Protection Act 2018 and any personal information about those we regulate meets that legislation. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). Those we regulate can have a copy of the information that we hold about them, and they have the right to correct inaccurate information that we hold.

Requests for information held by RPA are dealt with on a case-by-case basis in line with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. You can ask to see what data RPA holds about you through a subject access request.

1.5 Sharing information, advice and guidance

RPA make sure clear information, guidance and advice is available to help those they regulate to comply. We do this through our field officers, customer service centre and GOV.UK.

We regularly review our information, to make sure it’s clear, accessible and written in plain language. All of our guidance outlines the legal requirements that our business is expected to follow.

We ensure that our customers are treated with fairness and respect when carrying out our regulatory activities. We have guidance and processes in place to make sure we act in a balanced, fair and accountable way following the recommendations of the Better Regulation principles under the Regulators’ Code. We aim to create an environment in which customers have confidence in the advice they receive from RPA and feel able to seek advice without fear of triggering enforcement action.

1.6 Transparency

RPA makes sure our approach to regulatory activities is transparent, and we make sure those we regulate know what to expect from us.

RPA publishes information about what we do including publishing annual reports which outlines our progress against our service standards and updates on our activities.

This includes clear information on:

• how we communicate with those we regulate
• our approach to providing information, advice and guidance
• our approach to checks on compliance
• how we respond to non-compliance
• our complaints and feedback procedures including how you can appeal