Professional Discipline and Regulatory Reform
Aspire, Leeds
16th September 2010
Chairman Jeremy Barnett
Health and Social Care Act 2008
The Changing Face of Adjudication?
Wendy Harris, Transitional Policy Director, OHPA
Wendy Harris began with the History, origins and background of the Office of Health Professions Adjudicator. This was followed by outlining the policy and procedure followed by the Body, underpinned and shaped by recent legislation as well as the Shipman Inquiry 2007.
The purpose and benefits of the OHPA were canvassed, including case managing fitness to practice hearings, harmonising adjudicators across health regulators whilst maintaining independence. Many of the proposed reforms were now on hold awaiting the current public consultation as to the future of OPHA. The speech was concluded with emerging policy ambitions for the Adjudicator as well as alternative mechanisms to adjudication.
The new Regulatory Scheme under the Health and Social care act 2008
Rosemary Rollason, Partner, Russel Jones & Walker Solicitors
Rosemary Rollason focussed upon the changes made due to the Health & Social Care Act 2008 and the impact upon Regulatory procedure. Most significantly, the HSCA 2008 has seen the re-structuring of healthcare bodies as well as greater harmonisation between such bodies. Rosemary also addressed the birth of the Care Quality Commission as a single inspectorate for those providing social and health care as well as the creation of the General Pharmaceutical Council. Rosemary Rollason went on to discuss the Council for the regulation of Health Professionals and its aims and functions as well as anticipated changes to Body in 2010.
The Accountancy and Actuarial Discipline Board
THE AADB
Tom Martin, AADB
Tom Martin, from the Accountancy and Actuarial Discipline Board, began by speaking about the Financial reporting Council, its functions and its relationship with the AADB and the Auditing Practices Board (APB).
Tom highlighted the role and functions of the Accounting Standards Board, Financial reporting Review Panel, Professional oversight Board, Corporate Government Unit and the Board of Actuarial Standards. He went on to talk about the history, background, powers and relationship between those bodies and the accountancy system in general. He spoke about the public interest test for investigation, and the nature and scale of the current cases that the AADB is investigating.
Tom finished with the challenges facing the AADB and the regulatory accounting system in general and its future.
Financial Services Authority
Regulating Financial Service Professionals
Tim Herrington, Chairman of the Regulatory Decisions Committee
Tim Herrington spoke about the role of the regulators decisions committee, beginning with its history and an outline of the relevant legislation. Tim went on to highlight the transition from a tribunal to an administrative model and the advantage to it. The regulatory enforcement procedure was outlined and recent changes to its enforcement model. He gave a fascinating account of the role of the RDC and how practitioners should approach such a hearing.
Regulating Financial Service Professionals
Ben Blackett-Ord, Chief Executive, Bovil
Ben Blackett-Ord spoke about Professional Discipline and Regulatory Reform with a focus on Authorised Professional Firms and Exempt Professional fims in the context of providing financial services. He dealt with the two recent Court of Appeal cases of Fox Hayes and Atlantic Law, which gave an example of how the legislation operates in relation to Authorised Professional firms. Ben concluded with the approach the FSA is taking with financial promotions and a forecast for the future in this area.
Solicitors Regulation Authority
Regulatory Framework
Iain Miller, Bevan Brittan LLP
Iain Miller spoke about the Solicitors Regulatory Authority and gave a plotted history of regulation and legislation in this area. The present structure and framework of regulating Solicitors was noted and the implementation and changes due to the Legal Services Act 2007 were highlighted. In particular, Iain spoke of the shifts in the structures solicitors operate and the increase in different types of business models having the ability to offer legal services in the future.
Regulatory Framework
Antony Townsend, Chief Executive,SRA
Anthony Townsend spoke about the regulatory framework for legal services and in particular outcomes focused regulation, alternative business structures and the arrival of the Legal Services Board. Anthony spoke about the principles underpinning these changes and the publication of a new Handbook that will assist those who are to be regulated.