Guidance

Accountability for Regulator Impact: How the RPC considers dispute cases

How the RPC considers dispute cases if, following discussion with the regulator, business or civil society representatives are unable to reach broad agreement and want the RPC to review the regulator's assessment

Detail

We check that the case is within scope of the arrangements for an RPC review of dispute cases.

We then screen cases received to ensure that the parties have made reasonable effort to reach broad agreement. In particular, we establish whether you have:

  • discussed your concerns with the regulator; and

  • offered information and evidence to challenge the regulator’s assessment.

Our focus is on the underlying evidence base for the regulator’s assessment of the impact on business and civil society organisations. We do not comment on the merits of proposed changes in the regulator’s activity.

In many cases, we look initially to resolve a dispute through conciliation. In these cases:

  • we invite both parties to participate in conciliation;

  • if both parties agree, we normally arrange a meeting to discuss the issues; and

  • we prepare a statement of any agreement reached between the parties.

Where the parties cannot agree or where conciliation may not be the best means of resolving a dispute, we then move to arbitration. In these cases, we:

  • review the assessment provided by the regulator and the information and evidence you provide;

  • examine whether the regulator’s initial assessment is still valid in light of any new evidence or whether the regulator should revise their assessment; and then

  • issue a decision to the parties and publish it on the RPC website subsequently.