Pictured above: Charles Arrand
The Government's financial regulation reforms represent the most
significant changes for a decade, according to a Midlands
expert.
Charles Arrand, a partner in the Birmingham office of
international legal practice DLA Piper, welcomed the new
administration making clear its intentions.
The Financial Services Authority is being abolished along with
the so-called tripartite system of regulation.
The FSA's responsibilities for supervising banks and other
substantial financial institutions are transferred to a subsidiary
of the Bank of England, the so-called Prudential Regulator.
An independent Financial Policy Committee at the Bank with "the
tools and the responsibility to look across the economy at the
macro issues that may threaten economic and financial stability and
the tools to take effective action in response" is being
established.
A new Consumer Protection and Markets Authority will "regulate
the conduct of every authorised financial firm providing services
to consumers".
And the crime-busting powers of the FSA, the Serious Fraud
Office and Office of Fair Trading will be united into an Economic
Crime Agency responsible for tackling serious economic crime.
Mr Arrand said: "All of this is consistent with Tory policy and
manifesto commitments prior to the election but the rumour mill,
prior to this announcement had, at first, suggested that the FSA
would survive and the ambitious Conservative agenda would be
slimmed down.
"The proposed changes will require legislation and are likely to
lead to the most substantial financial services regulatory
legislation since the Financial Services and Markets Act 2000."
In addition a Banking Commission has been created, with Sir John
Vickers as chairman, to consider a break-up of the banks.
Mr Arrand noted: "The make up of the five-strong Commission is
mostly of people who have been critical of the banks during the
current financial crisis."
He continued: "In such a crisis there are really only two
institutions in the public domain who can act to stem the panic:
the finance ministry and the central bank. This is because stemming
the crisis depends principally on the judicious pumping of money
and other forms of support into the system - both at the
macro-economic level and to save individual institutions. The only
public players who have this money are the central banks and the
taxpayer.
"Consequently giving the Bank of England additional powers with
regard to financial stability makes sense.
"As to the Economic Crime Agency, the UK has had a perennial
problem with finding the best way to tackle financial crime and
certainly many would argue that there are too many overlapping
agencies. But the jury is out as to whether this latest
rearrangement will deliver any more successfully than its
predecessors."
Mr Arrand said the Consumer Protection and Markets Agency
reflected a model embraced by a range of other countries including
Australia, the Netherlands and France.
He went on: "One would expect that this agency would have an
even more heavily 'retail' character than the FSA and one of the
main concerns here is the fact that responsibility for the
wholesale markets - and presumably supervision of exchanges -
appears to be assigned to this agency. This is likely, overall, to
result in a much more intrusive regulatory intervention in the UK's
international professional markets."
But it was in line with both the European trend and legislation
currently going through the US Congress.
Meanwhile there was a question mark over the Prudential
Regulator reporting to the Bank of England.
"It appears that this will be what is left of the FSA after
everything else is taken away and will involve the existing FSA
supervision teams focused on banks, investment banks and, probably,
major insurers coming under the aegis of the Bank of England," said
Mr Arrand.
But would it actually be a division of the Bank?
And further down the line would be issues such as plea bargains
and immunity for whistleblowers.
Mr Arrand added: "The legal profession will be looking very
closely at any proposals which come forward particularly in
relation to plea bargains, which has been a cause of much recent
controversy and interest."