ARTICLE
16 February 2018

Bank Of England Consults On Procedures For Decision Making In Contested Enforcement Cases

SS
Shearman & Sterling LLP

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On November 10, 2017, following positive feedback to its consultation in 2016 on the establishment of an Enforcement Decision Making Committee ...
United Kingdom Finance and Banking

On November 10, 2017, following positive feedback to its consultation in 2016 on the establishment of an Enforcement Decision Making Committee, the Bank of England has published a consultation on the detailed statement of procedure and the necessary revisions to existing policies and procedures that will be required to implement the proposals.

The EDMC is being established as a direct response to a recommendation from HM Treasury arising from its review of enforcement decision-making at the UK regulators. HM Treasury had recommended the establishment of a functionally- independent decision-making committee composed of independent members with expertise suited to the Prudential Regulation Authority's regulatory focus. Once established, the EDMC will be the BoE's decision-making body in contested enforcement cases that relate to prudential regulation, financial market infrastructure and resolution. It will ensure the necessary functional separation between the BoE's investigation teams and decision-makers.

The consultation paper sets out detailed proposals on the EDMC's remit and operation and the selection, appointment, remuneration and governance of EDMC members. Comments on the consultation are requested by February 2, 2018.

The BoE Consultation Paper is available at:

http://www.bankofengland.co.uk/publications/Documents/other/edmc/cpedmc2017.pdf.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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