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3 February 2016

‘The Senior Managers’ Regime: the end of the ‘regulate/de-regulate’ cycle?

In recent times, the regulatory spotlight has been focussed strongly on the UK’s financial industry. The global financial crisis in 2008 not only caused turmoil in the markets and the world economy; it also led to many questions about regulation and accountability. Questions of who was responsible within banks; why did the regulators not step in; and how can such an event be prevented in the future were aired frequently.

This article was first published in the Association of Regulatory & Disciplinary Lawyers Winter 2015/2016 Bulletin, and has been republished with the kind permission of the copyright owner.

Julie Matheson

3 February 2016

Case update: High Court reemphasises the significance of a finding of dishonesty against a professional by overturning Panel’s determination

This was an appeal to the High Court against the decision of a Fitness to Practice Panel (the Panel) of the General Medical Council in respect of a number of factual findings, including a finding of dishonesty, which had resulted in a direction for the appellant to be erased from the medical register.

2 February 2016

Press Round-Up: Regulatory and Professional Discipline – December 2015 - January 2016

NB: All information correct at time of publication and can be found on the individual regulator’s websites.

Recent news relating to the Bar Standards Board (BSB), Financial Conduct Authority (FCA), General Dental Council (GDC), General Medical Council (GMC), General Optical Council (GOC), General Pharmaceutical Council (GPhC), Health and Care Professions Council (HCPC), Nursing and Midwifery Council (NMC) and Solicitors Regulation Authority (SRA).

2 February 2016

Case update: NMC Conduct and Competence Panel’s analysis of the credibility of witnesses is strongly criticised

Vasanta Marni Suddock v The Nursing and Midwifery Council [2015] EWHC 3612 (Admin)

The decision of Mrs Justice Andrews DBE in this appeal may make difficult reading for the Conduct and Competence Committee (CCC) which adjudicated upon this Nursing and Midwifery Council (NMC) case.

Julie Matheson

1 February 2016

FCA is to consult over whether the head of legal role falls within the Senior Managers’ Regime

The FCA this week acknowledged that there is considerable uncertainty as to whether an individual in charge of a firm’s legal function requires approval under the Senior Managers’ Regime.  In order to clarify its position on this, it intends to consult.  It has, however, provided reassurance to firms during the consultation process:  firms which have sought to make decisions in good faith as to whether or not approval is needed will not need to change their approach, pending the outcome of the consultation.

Julie Matheson

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