Press release: Regulator publishes Sector risk profile 2018

The Sector Risk Profile 2018, published today (11 October 2018) by the Regulator of Social Housing, highlights health and safety issues, failures to meet stakeholder expectations and reliance on sales as significant potential risks for social housing providers to manage.

The report, now in its sixth edition, sets out the range of strategic and financial challenges facing the social housing sector. It is designed to help registered providers, board members and others to understand the operating environment and to think strategically about how their organisation can manage its risks.

Whilst the sector continues to have to manage a range of issues to ensure that it remains viable and well governed, the regulator has highlighted 3 key areas for boards to consider. Boards should:

  • be clear about their health and safety responsibilities, both for stock that they own and stock that they manage, to ensure that tenants are safe in their homes and staff are safe at work
  • consider their stakeholders expectations in their decision making, including tenants and residents; lenders and investors; and central and local government
  • ensure that sales activity is underpinned by an understanding of local housing demand and the mitigations available if sales and staircasing do not match expectations

This year’s publication also emphasises risks to specialist providers, including the particular risks inherent in lease-based providers of supported housing, on which the regulator will be issuing a further report in due course.

Fiona MacGregor, Chief Executive of RSH said:

The risks facing each organisation will depend upon the scale and nature of that business. It is important that boards understand the specific issues that they face, carry out adequate stress testing and plan meaningful mitigations. We will look for assurance from providers that they have robust stress tests, internal control systems and appropriate risk management. We will also continue to monitor the exposure that sales risks have on the sector as part of our quarterly review of providers’ overall financial strength.

The aftermath of the Grenfell Tower fire has seen unprecedented scrutiny of the social housing sector, landlords’ relationship with their tenants, and public interest in the sector’s wider social role. In this context providers must show how they are delivering on their social purpose and objectives, and meeting their promises and commitments. Where things go wrong providers should be open and transparent and look to put the issue right as quickly as possible. Failure to do so could not only undermine stakeholder confidence in individual providers but also affect the reputation of the sector as a whole.

The regulator’s Sector Risk Profile 2018 is available on the RSH website.

Further information

  1. The regulator’s annual Sector Risk Profiles are available on the RSH website.
  2. The Regulator of Social Housing promotes a viable, efficient and well-governed social housing sector able to deliver homes that meet a range of needs. It does this by undertaking robust economic regulation focusing on governance, financial viability and value for money that maintains lender confidence and protects the taxpayer. It also sets consumer standards and may take action if these standards are breached and there is a significant risk of serious detriment to tenants or potential tenants. For more information visit the RSH website.
  3. See our Media enquiries page for press office contact details. For general queries, please email enquiries@rsh.gov.uk or call 0300 124 5225.

Link: Press release: Regulator publishes Sector risk profile 2018
Source: Gov Press Releases

Press release: UK and Indian authorities clamp down on international medicines crime

Following a meeting in Delhi earlier this month, MHRA will send intelligence to the Directorate of Revenue Intelligence (DRI), enabling them to target regions suspected of sending unlicensed medicines into the UK.

This is another example of co-ordinated efforts to tackle international medicines crime. The DRI recently seized 350,000 tablets of potent medicines such as Diazepam, Tramadol and Zopiclone destined for UK, European and US markets. Rapid mutual intelligence-sharing will help to combat the illegal cross-border trade in medicines.

The UK and India have a longstanding relationship when it comes to collaborating around the issue of medicines. In 2015 both countries signed a Memorandum of Understanding (MOU), further increasing collaboration in the area of medicines and medical devices and improving public safety.

MHRA’s Head of Enforcement, Alastair Jeffrey:

Our active collaboration with Indian Government agencies sends a strong message to criminals; when we work with our global partners we are able to disrupt criminal activity through the identification, arrest and prosecution of offenders wherever they are.

We are working tirelessly to identify all those involved in bringing unlicensed medicines into the UK.

Our collaborative efforts with key partners like India will help protect the health of UK citizens.

Additional Director General, Vivek Chaturvedi, said:

Indian Customs is committed to detecting and preventing illegal cross border trade in medicines and psychotropic substances. DRI being the apex intelligence and investigative agency has successfully booked a number of cases, carried out seizures and arrested offenders in recent past.

DRI works closely with international law enforcement agencies and regulators and MHRA is an important partner in tackling the menace of trade in illegal medicines.

Such collaboration is mutually beneficial to both countries in protecting the health of their citizens and in prosecuting the criminals involved in such offences.

Ends

Background

  1. The Medicines and Healthcare products Regulatory Agency (MHRA) is responsible for regulating all medicines and medical devices in the UK by ensuring they work and are acceptably safe.
  2. All our work is underpinned by robust and fact-based judgements to ensure that the benefits justify any risks.
  3. The Directorate of Revenue Intelligence is the apex intelligence and investigative agency for matters relating to smuggling and violation of the Customs Act, NDPS Act, and other allied Acts involving cross border offences. The Directorate is part of the Central Board of Indirect Taxes and Customs under the Department of Revenue, Government of India.
  4. The medicines seized were Zopiclone, Zolpidem, Lorazepam, Diazepam, Tramadol and Alprazolam.
  5. MHRA will send intelligence to DRI under the existing bilateral provisions.

Media enquiries

News centre
MHRA

10 South Colonnade
London
E14 4PU

Office hours are Monday to Friday, 8:30am to 5pm. For real-time updates including the latest press releases and news statements, see our Twitter channel at https://www.twitter.com/mhrapress

Link: Press release: UK and Indian authorities clamp down on international medicines crime
Source: Gov Press Releases

Press release: Yorkshire waste criminals ordered to pay back cash

Two men have been handed a suspended prison sentence and ordered to pay back hundreds of thousands of pounds of money they illegally earned after a proceeds of crime hearing at Sheffield Crown Court on Tuesday 9 October.

Andrew Lawrence Green, 54, from Shafton, Barnsley, and Dean Ryder, 54, of Top Fold, Doncaster, were also given a Community Order with an unpaid work requirement of 200 hours following their conviction for three separate offences at Barnsley Magistrates’ Court in December 2014 which were upheld after an appeal hearing at Sheffield Crown Court in March 2016.

The defendants were back at Sheffield Crown Court again on Tuesday 9 October, in a case brought by the Environment Agency under the Proceeds of Crime Act, following a financial investigation into the lawful costs they avoided from their crimes.

It followed a multi-day trial in the Magistrates’ Court which concluded in December 2016, a two day Crown Court appeal which concluded in March 2016, a Judicial Review hearing which took place in December 2016 and confiscation proceedings that took place in 2017 which concluded on Tuesday.

During the Magistrates trial and Crown Court appeal, the court heard how Green and Ryder’s company, Grantscope Ltd, which went into liquidation on 12 September 2012, failed to comply with a Regulation 36 enforcement notice served by the Environment Agency in February 2012 after the illegal deposit of waste outside of its Goodwin’s Yard site in Barnsley.

Continued to operate in contravention of law

The company’s environmental permit, which is a necessary requirement for the operation of a waste facility and sets out the conditions by which a company must comply in order to protect health and the environment, was subsequently revoked, effectively ending its ability to operate at the site. Despite this, the defendants, who jointly owned Goodwin’s Yard, continued waste operations in contravention of the law including processing waste into trommel fines which were then bagged up to be sold as topsoil.

The court also heard that the defendants accumulated a waste pile of nearly 13,000 tonnes before abandoning the waste.

Prior to the proceeds of crime case, the defendants were found guilty of the separate offences of depositing waste outside a permitted area in December 2011; operating a regulated facility without a permit between 20 November 2012 and May 2013; and failing to comply with steps 2-7 of a regulation 36 notice dated 7 February 2012.

Mr Recorder Preston remarked whilst sentencing that the he found the offending was, “Deliberate, flagrant and persistent by you both” and that he only suspended the sentence given the length of the proceedings, their ages and for the sake of their families.

Green and Ryder’s criminal benefit from operating a regulated facility without a permit was found to be £276,000 in equal share. Ryder has sufficient assets so must repay £138,002 within three months or face a default prison sentence. Green has assets less than that figure, but must repay £121,422.72 within three months or face a default prison sentence.

Mitigating for Mr Ryder Ms Penchon said: “The age of the offending should be borne in mind. This waste was dumped on a waste transfer site. There has been no environmental harm.” She explained the court process had taken its toll on Mr Ryder.

Mitigating for Mr Green, Mr Copeland explained that skips containing waste had only been deposited unlawfully after a fire at the site. The cause of the fire was arson. There had also been no environmental harm.

Waste crime does not pay

The Environment Agency’s Caron Osborne said:

Between them, Green and Ryder have been ordered to pay more than £250,000, which is a significant confiscation order that sends out a clear message to others who flout the law that waste crime does not pay.

Not only do we use environmental law to prosecute those who abuse the environment but we also use the Proceeds of Crime legislation to ensure that criminals are deprived of the benefits of their illegal activity.

Waste crime undermines legitimate businesses and can have significant detrimental impacts on communities and the environment. In this case, the two men abandoned around 13,000 tonnes of waste material.

This hearing demonstrates how seriously we take waste crime and we’ll continue to take action against those operating outside of the law and the regulations.

Link: Press release: Yorkshire waste criminals ordered to pay back cash
Source: Environment Agency

The Design Right (Semiconductor Topographies) (Amendment) (EU Exit) Regulations 2018

These Regulations amend the Design Right (Semiconductor Topographies) Regulations 1989 in order to address failures of those Regulations to operate effectively and other deficiencies (in particular under sections 8(2)(a) and (g)) of the European Union (Withdrawal) Act 2018 (c.16)) arising from the withdrawal of the United Kingdom from the European Union.

Link: The Design Right (Semiconductor Topographies) (Amendment) (EU Exit) Regulations 2018
Source: Legislation .gov.uk

The Groceries Code Adjudicator Act 2013, Small Business, Enterprise and Employment Act 2015 and Enterprise Act 2016 (Amendment) (EU Exit) Regulations 2018

These Regulations are made in exercise of the powers in section 8 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. Regulations 2, 3 and 4 each correct a deficiency of the type mentioned in section 8(2)(a) and (g) – matters which have no practical application to the United Kingdom or are otherwise redundant, and EU references which are no longer appropriate.

Link: The Groceries Code Adjudicator Act 2013, Small Business, Enterprise and Employment Act 2015 and Enterprise Act 2016 (Amendment) (EU Exit) Regulations 2018
Source: Legislation .gov.uk

The M4 Motorway (Junction 35 (Pencoed) to Junction 37 (Pyle), Bridgend) (Temporary 50 MPH Speed Limit) Order 2018 / Gorchymyn Traffordd yr M4 (Cyffordd 35 (Pencoed) i Gyffordd 37 (Y Pîl), Pen-y-bont ar Ogwr) (Terfyn Cyflymder 50 MYA Dros Dro) 2018

Link:

The M4 Motorway (Junction 35 (Pencoed) to Junction 37 (Pyle), Bridgend) (Temporary 50 MPH Speed Limit) Order 2018 / Gorchymyn Traffordd yr M4 (Cyffordd 35 (Pencoed) i Gyffordd 37 (Y Pîl), Pen-y-bont ar Ogwr) (Terfyn Cyflymder 50 MYA Dros Dro) 2018

Source: Legislation .gov.uk

The Landfill Disposals Tax (Wales) Act 2017 (Site Restoration Relief) (Amendment) Regulations 2018 / Rheoliadau Deddf Treth Gwarediadau Tirlenwi (Cymru) 2017 (Rhyddhad Adfer Safle) (Diwygio) 2018

These Regulations amend section 29(1)(a) of the Landfill Disposals Tax (Wales) Act 2017 (anaw 3).

Mae’r Rheoliadau hyn yn diwygio adran 29(1)(a) o Ddeddf Treth Gwarediadau Tirlenwi (Cymru) 2017 (dccc 3).

Link:

The Landfill Disposals Tax (Wales) Act 2017 (Site Restoration Relief) (Amendment) Regulations 2018 / Rheoliadau Deddf Treth Gwarediadau Tirlenwi (Cymru) 2017 (Rhyddhad Adfer Safle) (Diwygio) 2018

Source: Legislation .gov.uk