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Any treatment of regulation needs to explain the meaning of the word supervision. This is sometimes used for the highest level of regulatory intervention by government such as authorization of firms and their key personnel, ensuring solvency, and the monitoring of market participants (the so-called ‘prudential’ context discussed later in section C). The word regulation is then applied to everything else, especially conduct of business. For the sake of simplicity, in this course we have adopted the common UK practice of referring to all levels as regulation. Nevertheless, an awareness of the different usage is important as many countries regard supervision and regulation as totally separate function that need to be undertaken by different bodies. In some countries, for instance, conduct of business regulation may be dealt with by a self-regulatory body. Elsewhere, as with the case of the FSA in the UK (until 2012), a single statutory body deals with all types of supervisory and regulatory activity.Key termsThis chapter features explanations of the following terms and concepts:Regulation IFRS Glossary Specialist sourcebooksPurpose of regulation US GAAP High Level Standards Listing, prospectus and disclosureFSMA 2000 IASB PRIN, SYSC, COND, APER, FIT Handbook guidesFSA objectives, principle and role EU Solvency II Directive Prudential standards Regulatory guidesRisk-based regulation Prudential regulation GENPRU, INSPRU EG, RPPDPrinciples-based regulation Conduct of business regulation Business standards Current initiativesEffectiveness of regulation FSA Handbook COBS, ICOBS, TC TCF, RDRInternational convergence Blocks Regulatory processes Controlled functionsRegulation and accounting standards Sourcebooks SUP Approved personsBasel II Manuals Redress Data Protection ActIAIS Reference codes DISP, COMP Anti-money laundering rulesBank of England Financial Policy Committee Prudential Regulatory Authority Economic Crime Agency Consumer Protection and Markets authorityBribery A. Purpose of regulation and its effectiveness in insuranceRegulation is strengthening and getting into new areas.A1. Overall purpose of insurance regulationThere is recognition by most governments that an effective and efficient insurance market will support the economic growth of the country. Individuals and companies will be able to acquire valuable assets and engage in profitable trade, secure in the knowledge that they are protected from the impact of certain risks. Life and health insurance also provide support to people at important life stages, and all insurances contribute to the economy through the investment of funds.The overall purpose of insurance regulation is therefore to create and maintain an effective and efficient insurance market, and for such a market to exist governments must look to create a situation whereby:• Customers can buy appropriate products at an affordable price;• Customers are protected from malpractice or mismanagement of insurance companies;• There is confidence that the insurer will pay a claim;• Insurers are allowed to generate sufficient returns on the capital invested to make it worthwhile continuing to participate in the market; and• The market is seen to operate in an environment of openness, confidence and trust.Regulation exists because of the potential economic and social effects of major financial instability, the desirability of maintaining markets which are efficient orderly and fair and the need to protect consumers in their dealing with the financial services industry.We do not hear arguments against the existence of regulation in these contexts. But we do hear extensive debate about how regulation is conducted.A2. Insurance regulation in the UKUntil the planned changes in 2012, the Financial Services Authority (FSA) remains the UK’s single regulator for the entire financial services industry. It is an independent body set up under the Financial Services and Markets Act 2000 (FSMA). It replaced the various different regulators that had until that time overseen the various parts of the industry. The FSA is a non-governmental body, given its powers by the FSMA.Why a single regulator for financial services?The UK Government believed that having a single more comprehensive assessment of risk and greater consistency in regulatory processes. However, after the Financial Crisis in 2007-9 it was admitted that having a single regulatory body had been over-ambitious and led to problems in resourcing and prioritization. As a result the FSA will be broken up in 2012 and its powers transferred to two separate regulatory bodies, the Prudential Regulatory Authority (PRA) and the Financial Conduct Authority (FCA). A further development from the financial crisis is that the PRA will be a subsidiary of the Bank of England rather than a standalone entity, and it will be obliged to work closely with the Bank of England and the Treasury to identify and reduce prudential risk in the banking and insurance sectors.
In 2001 the FSA assumed responsibility for a regulating banking, deposit-taking, insurance (both life and general), mortgage lending, friendly societies and investment business. It also took over the regulation of all intermediaries selling financial products. Currently, there are 29,000 authorised firms under its control. The FSA is also responsible for the resolution of complaints against insurers (administered by the Financial Ombudsman Service) and the provision of compensation for customers of failed insurers (administered by the Financial Services Compensation Scheme). The FSA is funded by a levy on regulated firms.
Although the FSA itself will be broken up in 2012, the regulations set out in this chapter will remain in place until the implementation of Solvency II which will significantly change the way in which the PRA will regulate prudential risk, i.e. it will need to be done in compliance with the detailed requirements of the Solvency II Directive and associated implementing measures. It is not clear yet whether there will be any substantial change in the regulatory approach adopted by the FCA.
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