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A change of heart

15 January 2016 / Bianca Venkata
Issue: 7682 / Categories: Features , Regulatory
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Bianca Venkata heralds the coming into force of the new senior management regime

On 7 March 2016 the new senior management regime (the regime) will come into force. The regime introduces three key requirements which aim to hold senior managers to account. On 15 October 2015 HM Treasury announced that it was removing the controversial “reverse burden of proof” from the regime. This is despite the fact that the reverse burden of proof was strongly recommended by the Parliamentary Commission on Banking Standards (PCBS) and supported by the government, Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA).

This article considers three key requirements of the regime and the impact of the removal of the reverse burden of proof.

Background

The financial crisis in 2008 fundamentally changed the perception of the financial sector. The global credit crunch resulted in the near collapse of the banking system. The government invested £37bn to bail out Royal Bank of Scotland, Lloyds TSB, and HBOS. In December 2008, the FTSE 100 closed down by 31.3%, the biggest

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MOVERS & SHAKERS

Druces LLP—Afsor Ullah

Druces LLP—Afsor Ullah

Partner appointed head of Islamic finance

Birketts—Rachel Frost-Smith

Birketts—Rachel Frost-Smith

Legal director named as new head of children

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

NEWS
Criminal defence lawyers have expressed dismay at the Lord Chancellor David Lammy’s plans to reduce the backlog by scaling back jury trials to murder, rape, homicide and other indictable crimes where the sentence is three years or more
MPs will vote next week on an amendment to fast-track the change to the unfair dismissal qualifying period, as the government’s flagship Employment Rights Bill returns to the Commons
Barristers have been warned to be on guard against anthropomorphism, hallucinations, information disorder, bias in data training, mistakes, data protection blunders and confidential data leaks when using generative artificial intelligence (AI)
Legal aid lawyers have welcomed increased fees for criminal, housing and immigration work
Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland
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