Disciplinary Regulations

Enhancing and sustaining confidence and trust in banks and bankers is in the best interest of customers, colleagues and society as a whole. Our banking industry must be rebuilt as a strong and sustainable banking profession, and bankers must, once again, be valued as trusted professionals. The Chartered Banker Institute plays a leading role in rebuilding the banking profession in the UK, and internationally, and sets the professional standards we believe all bankers should aspire to, and our customers expect.

The Institute helps bankers and banks embed a culture of ethical and professional standards. The Institute expects its members to uphold these standards. If members fail to live up to the standards expected of them, the Institute may investigate complaints, take disciplinary action and, where appropriate, impose sanctions. The Disciplinary Regulations have been updated to ensure the process is both fair and robust and can be accessed below. 

 
A selection of our Frequently Asked Questions can be found below.
 

Disciplinary Regulations FAQs

  • Do the Disciplinary Regulations effect me?

    All members of the Chartered Banker Institute (including Student and Affiliate members) are expected to display the professional values, attitudes and behaviours set out in the Institute’s Code of Professional Conduct. If members fail to live up to the standards expected of them, the Institute may take disciplinary action. Our Disciplinary Regulations, therefore apply to all members.
  • What are the key changes to the Disciplinary Regulations?

    The basic principles are not changing. The key changes are:
    • Material and Non-Material Breaches – the Institute’s Investigating Officer can now decide whether a breach is material or non-material.  The concept of a non-material breach is new and such breaches may be treated procedurally, whilst material breaches will be investigated by a Disciplinary Committee;
    • Legal Professional – the Disciplinary Committee Panel must contain at least one Legal Professional and a member has the right to request that a Legal Professional sits on the Disciplinary Committee that is hearing that member’s case;
    • Time Limits – adhering to the over-riding principle of fairness and ensuring the member has adequate time for the preparation of the member’s defence there have been some changes to the time-limits set out in the Regulations;
    • Costs - if a Disciplinary Committee finds there has been a breach or if an Appeals Committee dismisses an appeal the Disciplinary/Appeals Committee can order the member to pay the costs of the Institute including the costs of any Legal Representative.
  • When do the updated Disciplinary Regulations come into force?

    The updated Disciplinary Regulations come into force on the 1st October 2015 and will apply to any Disciplinary Investigations initiated on or after that date. Any Disciplinary Investigation initiated on or before 30th September 2015 will fall under the old Disciplinary Regulations.
  • When can the Institute take Disciplinary action?

    The Institute can take action when it thinks there has been a Disciplinary Breach. The Disciplinary Breaches are not changing. The Institute can take disciplinary action against any member who:
    • has criminal sanctions imposed on them;
    • has sanctions imposed on them by a regulator or other competent body;
    • is lawfully dismissed by the member’s employer for misconduct;
    • breaches, or does not comply with the Institute’s CPD requirements;
    • acts in breach of the Institute’s course rules and regulations including plagiarism and/or collusion, breaching exam conditions and providing false information about existing qualifications;
    • brings the Institute into disrepute;
    • breaches the Code of Professional Conduct.
  • What sanctions can be imposed on a member for a Disciplinary Breach?

    Sanctions can only be imposed if the member admits the Disciplinary Breach or a Disciplinary Committee finds there has been a Disciplinary Breach. The sanctions include one or more of the following:
    • the member to be admonished;
    • a note of the members breach of the Professional Code of Conduct may be noted on the member’s record;
    • all or any of the member’s benefits of membership being withdrawn;
    • the member , at their own expense, to attend training or take extra tests or exams;
    • any passes in previous exams or assessments may be cancelled;
    • the member, at their own expense, to resit an exam or exams;
    • member to be suspended from membership of the Institute;
    • the member to be expelled from membership of the Institute.

    The Institute may inform employers of any sanctions imposed and may publish any sanctions on the Chartered Banker Institute's website and in the Chartered Banker magazine. In addition to any action taken by the Institute, the member’s employer may instigate their own action and impose their own penalties.

     

  • What happens when the Institute thinks a Disciplinary Breach has taken place?

    Under the Disciplinary Regulations an Investigating Officer is appointed to investigate any alleged Disciplinary Breaches:
    • If the Investigating Officer decides the Institute has no jurisdiction to deal with the alleged Disciplinary Breach no further action will be taken.
    • If the Investigating Officer decides there is insufficient evidence to support an allegation that a Disciplinary Breach has taken place no further action will be taken.
    • If the Investigating Officer decides there is sufficient evidence to support an allegation that a Disciplinary breach may have taken place they will then decide whether the alleged Disciplinary Breach is a material or non-material breach.
  • What happens when the Investigating Officer decides the alleged Disciplinary Breach is Non-Material?

    The Investigating Officer will notify the member of the alleged Disciplinary Breach. The member can;
    • admit the alleged Disciplinary Breach in which case the Institute may admonish the member. Sanctions may include a reduction in mark or a requirement to resubmit an assignment;
    • deny the alleged Disciplinary Breach in which case the denial will be accepted or, if not, the case will be referred to a Disciplinary Committee for a decision.
  • What happens when the Investigating Officer decides the alleged Disciplinary Breach is Material?

    The Investigating Officer will notify the member of the alleged Disciplinary Breach and it will be referred to a Disciplinary Committee for a decision.

  • Are there any timeframes in place?

    There are set timeframes for each stage of the process that are set out fully in the Disciplinary Regulations. The overriding principle of fairness ensures that the member gets adequate notice at each stage of the process.

  • What happens at a Disciplinary Committee Hearing?

    Prior to the Disciplinary Hearing the member can provide details of witnesses and mitigating factors to be considered by the Disciplinary Committee. The Disciplinary Committee will hear the Institute’s and the member’s case. Both the Institute and the member have the right to examine witnesses. If the Disciplinary Committee finds the complaint proven it must decide on the sanctions from those listed above. The member must be told of the decision and any sanctions within 14 days of a Committee Hearing. 

  • What happens if the member does not agree with the Disciplinary Committee's decision?

    A member can appeal a decision within 30 days of receiving notice of the decision. If the Disciplinary Committee Chairman considers there is grounds for an appeal an Appeals Committee will be formed to hear the appeal.

  • What about legal representation?

    There must be a solicitor or former solicitor (the Legal Professional) available as part of the panel to hear a case if requested by the member.

  • Will there be any costs involved for the member?

    If a Disciplinary Committee finds there has been a breach or if an Appeals Committee dismisses an appeal the Disciplinary/Appeals Committee can order the member to pay the costs incurred by the Institute including the costs of any Legal Professional.  

 

Further questions?

Please contact Gill Rust, Governance Business Partner, if you have any further questions; email: gill.rust@charteredbanker.com or tel: 07920 075 867