CDC code in force: 1 August 2022
In assessing conduct, we will consider all relevant circumstances. We must take into account a person’s conduct in the five years before the authorisation application, and continuously after authorisation, in relation to any role held that is relevant to the assessed roleCD1.
We are more likely to be satisfied of an individual’s conduct if:
- they act in an open, honest and transparent manner
- they are responsive to issues that may arise in their scheme
- they seek to improve outcomes for their members
- where an adverse event has previously occurred:
- there are mitigating circumstances
- they have acted to reduce the likelihood of it recurring
We are less likely to be satisfied of an individual’s conduct if:
- they are, or have been, under investigation by a regulatory authority (including TPR), government agency or professional body
- they are, or have been, subject to disciplinary action by a regulatory authority (including TPR), government agency or professional body
- they have had action taken against them or had permissions or licences removed by a regulatory authority (including TPR), government agency or professional body for reasons of misconduct
- they are subject to disciplinary or criminal proceedings
- they have been notified of potential proceedings, including investigations
- they have been dismissed or forced to resign due to negligence or misconduct from employment or a role involving a fiduciary duty
- they have been dismissed or forced to resign over poor management or failureto resolve a conflict of interes
- there are aggravating factors to any adverse events relevant to the role, including their frequency, severity, impact, and explanation offered
Legal reference
CD1 Paragraph 2(j) of Schedule 1 to the Regulations