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Press Round-Up: Regulatory and Professional Discipline - June 2022 - July 2022

26 August 2022

Solicitors Regulation Authority (SRA)

Increase to SRA Fining Powers

Following a change in legislation, the SRA’s fining powers increased on 20 July 2022. From 20 July 2022, the maximum fine that the SRA can impose for solicitors, traditional firms (recognised bodies or recognised sole practices) and the individuals who work in them will be £25,000.

 

The SRA agree to discussions with CILEX on a proposal for regulation

The SRA have been approached by CILEx with an invitation to enter into formal discussions on a proposal to transfer the regulation of their members to the SRA while retaining their distinct identity as CILEx practitioners and their route to qualification. The SRA have agreed to those discussions.

 

Financial Reporting Council (FRC)

FRC sets out next steps in transition to new regulator

A position paper was published following the Government Response to the consultation on strengthening the UK’s corporate governance, corporate reporting and audit systems as well as the creation of ARGA (the Audit, Reporting and Governance Authority) to replace the FRC.

Within the paper the next steps to reform the UK’s audit and corporate governance framework are detailed. The steps include:

  • The revision of existing codes where reporting is currently weaker;
  • the strengthening of auditing and accounting standards;
  • setting expectations to drive behavioural change ahead of statutory powers; as well as
  • guidance to address the issues set out in the government response.

Pertinently, the Position Paper sets out proposed changes to UK Corporate Governance code, providing a stronger framework for reporting on the effectiveness of internal controls and Board responsibilities for ESG reporting. As well as this information pertaining to resilience statements and fraud reporting by directors is also given. Guidance regarding Capital Maintenance and Dividends, including distributable profits (to succeed the existing ICAEW/ICAS guidance) is also provided in the paper.

The reform package further covers regulation of the Actuarial Profession and the Institute and Faculty of Actuaries in light of completeness, however accounting regulation is not provided.

https://www.frc.org.uk/getattachment/aafabbc3-81a3-4db3-9199-8aaebb070c7f/FRC-Position-Paper-July_2022_.pdf

 

FRC publishes regulations for PIE Auditor Register

As of December 5th 2022, all audit firms and responsible individuals who undertake statutory audit work for Public Interest Entities (PIEs) will need to be registered by the FRC.

This follows an FRC publication of regulations for the PIE Auditor Register and is a part of the government’s response to the consultation on audit and corporate governance reform.

The FRC’s Executive Director of Supervision, Sarah Rapson said:

“The new Regulations will mean the FRC can act decisively when it identifies systemic issues in an audit firm, allowing us to impose conditions, suspensions and, in the most serious cases, remove registration.

https://www.frc.org.uk/news/august-2022/frc-publishes-regulations-for-pie-auditor-register

 

Nursing and Midwifery Council (NMC)

NMC launches consultation on education programme standards

As a result of increased flexibility with regard to changes that can be made in the education programme standards for nursing and midwifery, a consultation has been launched.

The consultation will run for 10 weeks from 13 July 2022.

Proposals include:

  • Flexibility to be given to education providers, allowing them to set more inclusive entry requirements;
  • removal of EU requirements for students to undertake placements in specific settings;
  • removal of knowledge and skill requirements that were previously included;
  • additional requirement to ensure students gain experience of different maternity providers in the midwifery programme.

 

NMC Review of 2021-2022:

The NMC has published their review of the past year and released reports that include the Annual Fitness to Practise Report, Annual Report and Accounts, Revalidation and equality and diversity data for 2021-2022. The reports can be found here.

Andrea Sutcliffe, NMC Chief Executive and Registrar, said:

“2021–2022 was another incredibly challenging year for our professions, as the pandemic continued to put massive pressure on health and care services. At the NMC, we needed to balance our role in the national response to the pandemic with the strategic goals set out in our five-year plan.

“Our priority was to reduce our fitness to practise caseload, which had risen partly due to the impact of Covid-19. While we stabilised our caseload, it’s taking longer than planned to bring it down. We’re sorry for the distress that this causes for all involved and we’re absolutely determined to deliver changes in the coming year that will reduce the time people have to wait for a decision.

“We’ve made much greater progress in other key areas, from our new post-registration standards and updated test of competence, to our work on regulatory reform, establishing our Public Voice Forum and our new EDI action plan. None of this would have been achievable without the close collaboration of colleagues across our organisation, working with our partners in health and social care. Our reports reflect their considerable hard work in challenging circumstances. I’d like to thank everyone for their commitment and dedication.

“Finally, our hearts go out to those families using maternity services at Shrewsbury and Telford Hospital, whose lives have been changed forever and who had to fight so hard to be heard. By working together with other regulators, employers and professionals, we’ll do all we can to ensure that safe and kind maternity care is a reality for everyone, everywhere.”

 

HCPC

HCPC Updates Standards of Proficiency

The HCPC has updated its standards of proficiency for the first time since 2015. The crucial changes have been made following an extensive period of engagement with a wide range of stakeholders, to seek views and develop standards in line with current professional practice and will apply to all 15 professions regulated by the HCPC.

The HCPC said:

The revised standards set clear expectations of registrants’ knowledge and ability in a healthcare landscape which has changed and evolved in the wake of the COVID-19 pandemic. Updating the standards was a crucial component in fulfilling our purpose to promote excellence in the professions we regulate, and champion high quality care that the public can access safely and with confidence.

The new standards will come into effect from 01 September 2023.

 

General Pharmaceutical Council (GPhC)

GPhC Council acts in response to registration assessment issues

Candidates who had experienced problems amounting to procedural errors when sitting the registration assessment will now be eligible for provisional registration, so long as they meet the following eligibility criteria:

  • have sat the registration assessment on 29 June 2022 and experienced delays of 30 minutes or more in starting or completing either or both Part 1 and/or Part 2 of the registration assessment due to technical or other IT difficulties (This also includes those who withdrew from the registration assessment on the day due to the start of the assessment being delayed by 30 minutes or more);
  • have not previously failed the registration assessment at a sitting earlier than 29 June 2022;
  • have successfully completed 52 weeks pre-registration or foundation training and received a final declaration from their tutor that they have met all performance standards or learning outcomes; and
  • not be subject to fitness to practise proceedings.

This includes candidates that had a delay of 30 minutes or more as well as those who have successfully appealed their results after experiencing major disruption.

https://www.pharmacyregulation.org/news/gphc-council-takes-action-response-registration-assessment-issues

 

GPhC issues advice about risks relating to online services

The GPhC have written emails to pharmacists and owners of pharmacies in an effort to bring attention to serious safety concerns arising from online prescription services.

More than 30% of open Fitness to Practise cases directly relate to online prescription services or online pharmacies.

The emails can be found in the links below:

https://mailchi.mp/pharmacyregulation.org/advice-to-pharmacists-about-risks-relating-to-online-services

https://mailchi.mp/pharmacyregulation.org/advice-to-pharmacy-owners-about-risks-relating-to-online-services

 

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