Regulatory Compliance solicitors

When running your business, the last thing you need is to be disrupted by stressful and damaging regulatory investigations or interviews. We know you need the best possible legal advice so you and your team have the time to drive your business forward. Call one of the team on 01206 217326.

If you are a regulated organisation, it is important to understand the regulations that will affect your business. We can work alongside you and will give you the confidence that you are compliant and able to demonstrate best practice. 

What is regulatory compliance law?

Regulatory compliance refers to the minimum standards required by law that must be achieved in your business operations. There are overarching legal requirements that are applicable to all businesses irrespective of their scale. 

There will also be specific requirements that apply depending on the industry sector, type of business and the activities it undertakes.

A regulatory compliance plan

Within any given sector, you will need to ensure that you and your organisation are compliant with its obligations and duties. 

It is advisable for you to create an effective regulatory compliance plan, which should include:

  • A register of the applicable laws, regulations, and published guidance from approved bodies. This will enable you to undertake a full assessment of your compliance requirements. 
  • A documented record, which is to include a commitment to undertake regulatory audits. This will assist in understanding particular risks and how the organisation will manage them. Reviewing the process and procedures, and implementing changes when required to always improve.  
  • Establishing (and maintaining) appropriate written policies and procedures, and providing appropriate training to members of the business. It is worthy to implement a system upon which those concerned know, read and acknowledge they have understood the content. 
  • Contacts of all external resources of information and advice. This will allow the organisation to stay up to date, including any changes, regulatory initiatives and consultations. 
  • Identify persons charged with specific responsibilities. This includes the point of contact with the regulatory bodies thus to optimise the flow of information. 
  • Advice about the powers imparted on each regulating body and what controls exist on the disclosure of information.
  • Scenario planning, to respond to different types of regulatory actions. 
  • A communication plan for addressing issues when dealing with relevant regulating bodies. This will include the organisation’s board of directors or senior management with input at operational level as required. 

Regulatory investigations

If you are facing an investigation or prosecution for a regulatory offence, you are recommended to seek legal advice at the earliest opportunity. 

Our specialist lawyers will assist you from the outset to ensure you fully understand all aspects of the process.

Involving Birkett Long early could result in the authority revoking any formal enforcement action taken. This could prevent an initial investigation progressing to a formal prosecution before the courts. 

During the investigation process, you may be asked by the relevant regulatory body to attend a formal interview under caution. It is important to fully appreciate the allegation(s) being made and the basis upon which any such suspicion is formulated. 

This is to allow decisions to be made as to whether you (or a company representative) should attend the interview. If so, the approach to be adopted with the view of preserving and managing your position as much as possible. 

If you decide to partake in the interview process, we can be by your side. We will provide you with legal representation throughout the tenure of the process. If the relevant authority concludes its investigation and elects you to formally lay charges, then we can represent you at court. 

Litigation

This is a risk, you can face actions by:

  • Competitors
  • Consumers
  • members of staff
  • the relevant regulatory body itself

It is nearly always an unwelcome distraction from the organisation’s core activity. 

The process is often protracted, expensive, disrupts business plans and can cause damage to your reputation. 

If you or your business are going through litigation, then please contact a member of our Regulatory or Dispute Resolution teams. 

Which Regulators we can help with

We can assist with compliance issues, investigations and or proceedings brought by a broad range of regulatory bodies. 

For example, we have experience in assisting clients in their respective dealings with:

  • The Environment Agency 
  • Trading Standards 
  • Financial Conduct Authority 
  • Care Quality Commission 
  • Health and Safety Executive 
  • Advertising Standards Agency
  • HM Revenue and Customs 
  • Information Commissioner’s Office
  • Insolvency Service
  • Serious Fraud Office 
  • Local authorities

Contact Us

Involving Birkett Long as early as possible for any regulatory issues is important. Contact our expert regulatory lawyer to find out more about how we can help here, Tej Thakkar or call 01206 217312.

  • Natasha Austin
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