On January 6, 2016, the Prudential Regulation Authority and the Financial Conduct Authority published proposed changes to their notification rules and forms under the Senior Managers and Certification Regimes. The regulators are proposing the changes in light of the changes to the regime that have been proposed by the UK Government, including extending the Regime to all financial services firms, removing obligation on a firm to notify the PRA or FCA when it knows or suspects that a senior manager or certified person has failed to comply with the conduct rules and replacing the presumption of responsibility with a duty of responsibility. It remains to be seen whether Parliament will approve those changes proposed by the Government. An amending Order, published in December 2015, stops the abovementioned notification requirement and the presumption of responsibility from coming into force on March 7, 2016 – the date when the remainder of the new Regime will come into effect. The regulators therefore intend to amend their rules and forms to reflect the position that those provisions of the Regime will not enter into force on March 7, 2016. The PRA has also published an updated Supervisory Statement to take into account the changes. The consultations close on February 8, 2016.
The PRA and FCA consultation papers are available at: http://www.bankofengland.co.uk/pra/Documents/publications/cp/2016/cp116.pdf and http://www.fca.org.uk/static/documents/consultation-papers/cp16-01.pdf.
The PRA’s updated Supervisory Statement is available at: http://www.bankofengland.co.uk/pra/Documents/publications/ss/2016/ss2815update.pdf.