Dreptul de reglementare
Reglementări FCA, CMA, Ofcom, Ofgem, reglementare profesională și investigații.
Introducere
Dreptul de reglementare acoperă normele impuse de regulatorii sectoriali.
Principii fundamentale
Regulatory Bodies — Independent bodies established by statute to supervise specific industries: FCA (financial services), CMA (competition), Ofcom (communications), Ofgem (energy), HSE (health and safety).
Licensing & Authorisation — Many activities require regulatory authorisation. Operating without authorisation is typically a criminal offence (e.g., s.19 FSMA 2000 for financial services).
Enforcement Powers — Regulators may impose fines, revoke licences, issue warnings, require redress, or refer matters for criminal prosecution.
Regulatory Investigations — Regulators have statutory powers to compel production of documents, require attendance for interview, and enter premises.
Compliance Programmes — Regulated firms must maintain compliance functions, report breaches, and implement adequate systems and controls.
Whistleblowing — The Public Interest Disclosure Act 1998 protects employees who report wrongdoing in regulated sectors from detriment and dismissal.
Professional Regulation — Solicitors (SRA), barristers (BSB), doctors (GMC), and other professionals are subject to codes of conduct with disciplinary enforcement.
Judicial Review of Regulators — Regulatory decisions may be challenged by judicial review or statutory appeal to tribunals.
Statute cheie
Cazuri de referință
R (British Bankers' Association) v FSA
[2011] EWHC 999 (Admin)
Scenarii comune
FCA investigates a financial firm
The FCA may appoint investigators under s.167 FSMA 2000 to investigate suspected breaches. The firm must cooperate. If misconduct is found, the FCA may impose fines (potentially unlimited), vary or cancel permissions, or pursue criminal prosecution.
Whistleblower reports regulatory breach
An employee who makes a qualifying disclosure about regulatory breaches is protected from dismissal and detriment under the Public Interest Disclosure Act 1998. The regulator will investigate and may take enforcement action.