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NEWS
The House of Lords Secondary Legislation Scrutiny Committee (SLSC) has published its 19th report of session 2024–25, focusing its attention towards the National Procurement Policy Statement (NPPS). The NPPS outlines the UK Government's strategic priorities for public procurement, which contracting authorities are required to consider during procurement activities. These priorities aim to support the Government's broader missions, focusing on driving economic growth, delivering social and economic value, and applying commercial standards and best practices.
NEWS
The House of Lords Secondary Legislation Scrutiny Committee (SLSC) has published its 35th Report of Session 2024–2026, providing an overview of its scrutiny of secondary legislation during the first year of the current Parliament. Between 17 July 2024 and 22 July 2025, the Committee considered 655 statutory instruments and other types of secondary legislation, drawing 68 (10.4%) to the special attention of the House. The report outlines areas of improvement and identifies recurring issues affecting the quality and transparency of secondary legislation. It notes examples of good practice in some departments, including the Department for Environment, Food and Rural Affairs (Defra), and encourages all departments to strengthen oversight, maintain institutional knowledge and make use of available training. A concluding report is set to be published at the end of the session.
NEWS
The Secondary Legislation Scrutiny Committee (SLSC) has reported five statutory instruments on the grounds that they are politically or legally important or raise issues of public policy likely to be of interest to the House, or that the explanatory material laid in support provides insufficient information to gain a clear understanding of the instrument’s policy objective and intended implementation. Under its post-Brexit sifting role, the SLSC also considered one proposed negative instrument laid under the Retained EU Law (Revocation and Reform) Act 2023 and made no recommendation for upgrade.
NEWS
The House of Lords Secondary Legislation Scrutiny Committee (SLSC) has published its 36th report of session 2024–26. Two instruments were drawn to the special attention of the House: the Draft Private International Law (Implementation of Agreements) Act 2020 (Extension of Operative Period) Regulations 2025, extending ministerial powers to implement PIL agreements until 2030, and the Draft Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025, applying civil parking enforcement to railway station car parks.
NEWS
The Secondary Legislation Scrutiny Committee (SLSC) has published its fourteenth report of session 2024–2025. The following instruments have been drawn to the special attention of the House: draft Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025; and Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2024 (SI 2024/1313). The following are instruments of interest: Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2025 (SI 2025/5). The following instruments were not drawn to the special attention of the House: draft instruments subject to affirmative approval and Made instruments subject to annulment.
NEWS
The Secondary Legislation Scrutiny Committee (SLSC) has published its twelfth report of session 2024—2025. The following instrument has been drawn to the special attention of the House: Advertising (Less Healthy Food Definitions and Exemptions) Regulations 2024 (SI 2024/1266). The following are instruments of interest: draft Airports Slot Allocation (Alleviation of Usage Requirements etc.) Regulations 2025; draft Register of Overseas Entities (Protection and Trusts) (Amendment) Regulations 2025; draft Separation of Waste (England) Regulations 2025; Prison and Young Offender Institution (Interception of Communications)(Amendment) Rules 2024 (SI 2024/1217); Damages (Personal Injury) (England and Wales) Order 2024 (SI 2024/1261); Branded Health Service Medicines (Costs) (Amendment) Regulations 2024 (SI 2024/1277); and Tribunal Procedure (Amendment No. 2) Rules 2024 (SI 2024/1283). The following instruments were not drawn to the special attention of the House: draft instruments subject to affirmative approval; draft instruments subject to annulment; and made instruments subject to annulment.
CHECKLISTS
The Senior Managers & Certification Regime (SM&CR) requires authorised firms to apply to the Financial Conduct Authority (FCA) and/or the Prudential Regulatory Authority (PRA) for approval when seeking to appoint an individual to perform a senior manager function (SMF). As part of that process, the regulator may call the candidate for interview. Interviews are discretionary rather than an automatic part of the SMF approval process. This Checklist assists SMF candidates and their firms (which submit the SMF application on behalf of the candidate) in identifying, managing and responding to issues which arise during an SMF interview or following an interview, including receipt of a ‘minded to refuse’ letter or a decision by the regulator(s) to refuse the application. This Checklist should be read in conjunction with: SM&CR Checklist—preparing for SMF interviews and Practice Note: SM&CR—SMF interviews for regulatory approval. What is meant by ‘things going wrong’? Issues may arise at several points in the interview process. Common indicators include:
CHECKLISTS
This Checklist supports candidates preparing for interviews with the Financial Conduct Authority (FCA) and/or the Prudential Regulatory Authority (PRA) for approval to perform a senior manager function (SMF) under the UK regulators’ Senior Managers & Certification Regime (SM&CR). The SM&CR requires a firm to apply to the regulator for approval when seeking to appoint an individual to a senior manager function (SMF). As part of that process, the candidate may be called for interview with the regulators, typically conducted by a panel which is likely to include representatives from the regulator’s authorisations and supervisory teams. Interviews are not a standard feature of every SMF application and, where held, are risk-based and role-specific. The focus and depth of questioning will vary depending on the nature of the SMF, the firm’s risk profile, and the candidate’s background. For example, interviews for executive SMFs may focus more heavily on operational delivery and decision-making, whereas interviews for non-executive roles (including Chairs) are more likely to concentrate on oversight, governance,
CHECKLISTS
STOP PRESS: The FCA, PRA and HM Treasury have announced significant reforms to the Senior Managers and Certification Regime (SM&CR), including final Phase 1 reforms and proposed Phase 2 legislative changes. This Practice Note is in the process of being updated to reflect those developments. In the meantime, see Practice Note: SM&CR—reform of the Senior Managers & Certification Regime. Overview The Senior Managers and Certification Regime (SM&CR) is the UK financial services regulatory framework for regulating individuals working in financial services; the SM&CR aims to expand the scope of individual liability, focusing on senior management responsibility and creating a firm-wide ‘culture of accountability’ in order to reduce consumer harm and strengthen market integrity. The component parts of the SM&CR are the Senior Managers Regime (SMR), the Certification Regime and the Conduct Rules. The SMR aims to ensure that Senior Managers can be held liable for any misconduct that falls within their remit of responsibilities, while the Certification Regime and Conduct Rules intend to hold individuals working at all levels in financial services to suitable standards of conduct. For an introduction
PRACTICE NOTES
STOP PRESS: The FCA, PRA and HM Treasury have announced significant reforms to the Senior Managers and Certification Regime (SM&CR), including final Phase 1 reforms and proposed Phase 2 legislative changes. This Practice Note is in the process of being updated to reflect those developments. In the meantime, see Practice Note: SM&CR—reform of the Senior Managers & Certification Regime. This Practice Note sets out the regulators’ fitness and propriety (F&P) requirements as they relate to individuals in firms in scope of the UK financial services regulators’ Senior Managers & Certification Regime (SM&CR) (referred to as ‘firms’ in this Practice Note). The SM&CR is the Financial Conduct Authority’s (FCA) and Prudential Regulation authority’s (PRA) framework for regulating individuals in the financial services sector. The SM&CR applies to all firms authorised under Financial Services and Markets Act 2000 (FSMA 2000) and to branches and subsidiaries of many international firms. The regime aims to enhance individual accountability and conduct, ensuring that individuals in senior roles meet the required standards. Firms are required to assess the fitness
PRACTICE NOTES
This Practice Note outlines the use of interviews by the Financial Conduct Authority (FCA) and/or the Prudential Regulatory Authority (PRA) as part of the approval process to perform senior manager functions (SMFs) at authorised firms under the UK regulators’ Senior Managers & Certification Regime (SM&CR). It explains that interviews are a discretionary tool used by the regulators as part of the SMF approval process and outlines the circumstances in which SMF candidates are most likely to be called for interview. It provides practical guidance for SMF candidates and their firms in preparing for interview, including common areas of focus during interviews, the regulators’ approach to interviewing external or internal SMF candidates and additional considerations for SMF candidates at dual-regulated firms. This Practice Note should be read in conjunction with the following: • SM&CR Checklist—preparing for SMF interviews provides a practical framework to support candidates and firms in preparing for interviews across different SMF roles • SM&CR Checklist—SMF approvals: what to do when things go wrong supports
PRACTICE NOTES
STOP PRESS: The FCA, PRA and HM Treasury have announced significant reforms to the Senior Managers and Certification Regime (SM&CR), including final Phase 1 reforms and proposed Phase 2 legislative changes. This Practice Note is in the process of being updated to reflect those developments. In the meantime, see Practice Note: SM&CR—reform of the Senior Managers & Certification Regime. This Practice Note summarises the requirements around Statements of Responsibilities (SoRs), including the circumstances in which an SoR must be submitted and the information it must contain. It also provides some practical points that firms and senior managers should consider before submitting an SoR. Overview Firms defined as ‘Senior Managers and Certification Regime (SM&CR) firms’, such as banks, building societies, credit unions, PRA-regulated investment firms, insurers and FCA solo-regulated firms, must comply with the UK financial services regulators’ Senior Managers Regime (SMR). The SMR requires the Financial Conduct Authority (FCA) and, for dual-regulated firms, the Prudential Regulation authority (PRA), to approve senior individuals performing a senior management function (SMF) (as defined by the FCA/PRA). This captures,