Reply To: More Amex AML/KYC rubbish

[BA Flyer IHG Stayer]

@JDB your first sentence is an important one and is the backbone of all statutory regulators.

The primary legislation (the Act) sets out the broad areas of what the regulator will and will not regulate and the powers they will have – the so called regulatory framework. The Act will give the regulator powers to draft regulations.

The regulator, once created, will then develop the detailed regulations to implement the provisions in the Act and then produce guidance for businesses and individuals to follow. Their sponsor department will approve those – basically because the sponsor department has to present the regulations – via Statutory Instrument – to Parliament for approval. It also means making amendments is a lot quicker as little parliamentary time for debate and votes is required.

The government then basically lets the regulator get on with the job until it basically doesn’t want it to do it anymore or there’s some scandal about the regulator and their failings to act in some way or there is a scandal about something not being regulated but should be.

And that whole regulatory framework is often misunderstood here.

For example the CAA doesn’t fine airlines for not meeting EU261 requirements because it doesn’t have the powers to not because it can’t be bothered to.