In the3 case of a senior staff committee,3 the decision will be taken by FCA3 staff who have not been directly involved in establishing the evidence on which the decision is based or by two or more FCA staff who include a person not directly involved in establishing that evidence,3 except in accordance with section 395(3) of the Act.33
A senior staff committee will consist of such FCA3 staff members as an FCA4 senior executive committee may from time to time determine. An FCA4 senior executive committee may authorise the chairman of a senior staff committee to select its other members. A senior staff committee is accountable for its decisions to an FCA4 senior executive committee and, through it, to the FCA3 Board.33333333
A senior staff committee may operate through standing or specific sub-committees to consider particular decisions or classes of decision, for which accountability will lie through the committee. Each meeting of a senior staff committee, or sub-committee, will include:
Statutory notice decisions to be taken under executive procedures and decisions referred to in DEPP 2.5.6A G,3 and not falling within the responsibility of a senior staff committee, will be taken by an individual FCA3 staff member. The decision will be:3
- (1) 3
- (2) 3
- (3) 3
An FCA3 staff member who considers that a statutory notice decision or a decision referred to in DEPP 2.5.6A G3 should be taken above his own level is free to refer that decision to a more senior level. If an FCA3 staff member consults another staff member about a decision, the decision remains the independent decision of the FCA3 staff member who consults his colleague, unless it is agreed that the decision should instead be taken by the colleague, and the colleague has the delegated authority to do so.333
If an individual responsible for a decision under executive procedures (or a more senior FCA3 staff member with responsibilities in relation to the decision concerned) considers that it warrants collective consideration, the individual may:3
FCA3staff are required by their contract of employment to comply with a code of conduct which imposes strict rules to cover the handling of conflicts of interest which may arise from personal interests or associations. FCA3 staff subject to a conflict of interest must declare that interest to the person to whom they are immediately responsible for a decision.33
If a member of a senior staff committee has a potential conflict of interest in any matter in which they are4 asked to participate they4 will disclose the conflict to the secretariat of the senior staff committee, and disclose it:
in the case of the chairman of the senior staff committee, to a member of an FCA4 senior executive committee or, if the person with the conflict is the chairman of an FCA4 senior executive committee, to the Chairman of the FCA;333333
in the case of any other member to the chairman or deputy chairman of the senior staff committee.
If the person to whom the conflict has been disclosed in accordance with DEPP 4.1.11 G (2) considers it reasonable and appropriate, they4 will require the member of the senior staff committee to stand down from consideration of the matter.
The secretariat to the senior staff committee will record and document all disclosures of potential conflicts of interest and the steps taken to manage them.
The procedure for taking decisions under executive procedures will generally be less formal and structured than that for decisions by the RDC. Broadly, however, FCA3 staff responsible for taking statutory notice decisions under executive procedures will follow a procedure similar to that described at DEPP 3.2.7 G to DEPP 3.2.27 G for the RDC except that:3
in a case where the decision will be taken by a senior staff committee:
- (2) 3
- (3) 333
the FCA3 will not normally disclose the communications between the FCA3 staff recommending that action be taken and those responsible for the decision to give the statutory notice unless the FCA3 has stated publicly that it will adopt a practice of disclosing such communications, or a class of communications, in respect of particular categories of decision taken by FCA3 staff under executive procedures; and3333
3Broadly, FCA staff responsible for taking decisions referred to in DEPP 2.5.6A G will follow a procedure similar to that described at DEPP 3.2.7 G to DEPP 3.2.27 G for the RDC (subject to the exceptions in DEPP 4.1.13 G (1) to DEPP 4.1.13 G (5) which also reflects that these decisions are not statutory notice decisions.