Legal Advisers to IFoA Disciplinary Panels

The Institute and Faculty of Actuaries (IFoA) wishes to add to the number of experienced lawyers in their existing Legal Advisers Pool, undertaking the role of independent Legal Adviser to the various Disciplinary Panels which consider complaints/allegations of Misconduct under the IFoA’s Disciplinary Scheme.

Background

We represent and regulate over 31,000 members worldwide for the benefit of the outside world and oversee their education at all stages of qualification and development throughout their careers. By joining the IFoA, members are making a personal commitment to high standards of education, competence and integrity.

The public – clients, users, employers and all those affected by actuarial decisions – must be confident that Members of the IFoA will observe professional ethical codes and regulatory standards which justify that trust. Should things go wrong, we have developed disciplinary procedures in order to enforce our Members' professional obligations.

Complaint Assessment Panels, Disciplinary Orders Panels, Adjudication Panels, Interim Orders Panels, Disciplinary Tribunal Panels and Appeal Tribunal Panels are independent panels that consider and determine professional conduct issues relating to Members (and former Members) of the IFoA. The majority of IFoA hearings relate to the determination of professional misconduct charges, but the remit of the role also extends to hearings under the Capacity for Membership process. Details of the Disciplinary Scheme (the Scheme) can be found on our website. These rules contain details of all roles under the Schemes as well as each step of the process leading to, and including, hearings.

IFoA Panels are appointed from the IFoA Disciplinary Pool, with at least one Member of the IFoA and one lay member. In addition, each Panel may be assisted by a Legal Adviser. Although most Panel hearings take place in private based on the papers, Disciplinary Tribunal Panel hearings are usually public (“online” or “in person” events) and are conducted to the civil standard as applied by the Courts of England and Wales, following normal professional regulatory procedure.

 

Diversity, equity, and inclusion

The IFoA encourages applicants from a variety of backgrounds and experience and welcomes diversity with regard not only to protected characteristics but also diversity of thought. Diversity, equity and inclusion are more than just words for us. That’s why we are committed to creating a culture where everyone feels included and respected, and where no one is unfairly discriminated against. Consequently, we promote diversity, equity and inclusion in all our policies, practices and procedures, and actively encourage applications from a diverse range of potential candidates. All applications for our roles are considered on merit alone, and if you don’t meet all the criteria but believe you have something to offer, we want to hear from you. For more information on our commitments, please see our DEI strategy page.

Task specification

The role of a Legal Adviser is to act in an independent capacity to support the disciplinary process, the parties to that process and the duly appointed independent decision-making panels in the conduct of their appointed roles.

The role includes a responsibility to:

• Provide independent legal advisory support to Panels, including the Chairs of Panels, the Convener of Adjudication Panels and the Convener of Disciplinary Tribunal Panels, as required.
• Attend Adjudication Panels, Interim Orders Panels, Disciplinary Tribunal Panels, Appeals Tribunal Panels or Capacity for Membership Panels in the capacity of an independent Legal Adviser.
• Provide written advice to Assessment Panels or Disciplinary Order Panels, as required, in the capacity of an independent Legal Adviser.
• Liaise with the Clerk for the Panels as the case may be, with a view to ensuring consistent, timeous and well-reasoned decisions of the Panels, within the boundaries of current law in force.
• Intervene appropriately for the purpose either of informing the Panels of the requirements of natural justice and principles of good regulation as required to ensure that proceedings are conducted properly and in accordance with the IFoA’s Disciplinary Scheme, Regulations and Guidance.
• Advise on points of UK law that arise in the proceedings.
• Advise the Chair of the Disciplinary Tribunal Panel, if needed, when sitting alone at a preliminary hearing.
• Reiterate in public session advice given in private to the Panel so that it may be transcribed and forwarded to the parties.
• Assist the Panel Chair and Panel Members with decision writing reasoning.
• To support the disciplinary process overall by providing feedback and insight on the process for the purpose of oversight; process improvement and the development of training support materials.
• Views, input and support from the Legal Advisers Pool to provide training and support materials for all disciplinary pools will be required periodically.

 

Key contacts and stakholders

• Appointed by Regulatory Appointments Committee (RAC).
• Day to day point of contact: Judicial Committees Secretary (JCS).
• Key stakeholders: Appointed Panels; Convener of the Disciplinary Tribunal Panels; Convener of the Adjudication Panels; IFoA disciplinary oversight Boards and Committees.

Tenure

5-year period, subject to usual contractual performance monitoring. There will be an option for renewal, at the discretion of the Regulatory Appointments Committee.

 

Remuneration

The role attracts a day rate of £700 per day. It is expected that Legal Advisers will also attend and/or deliver periodic training events to support those in the disciplinary process.  Attendance at training events is not remunerated.

Time Commitment

Legal Advisers will be appointed on a case-by-case basis and may be asked to advise on hearings, which are typically one day hearings, but may on occasion be longer. Legal Advisers may also be required to provide advice on preliminary and post hearing issues and may be required to provide written advice to Panels. Reasonable notice is given, and members of the Legal Adviser Pool are expected to have adequate availability to support the expeditious scheduling of disciplinary matters.

 

Person Specification

The successful applicant should be able to demonstrate, and show examples, that they have:

Essential

• Availability to support disciplinary pools
• Significant and demonstrable experience as a qualified practising member of the bench, barrister, advocate or solicitor.
• Ongoing and up to date knowledge and understanding of public law and professional regulatory and disciplinary law.
• A properly grounded understanding of judicial processes and confidence to speak up appropriately to support panels in carrying out their role in accordance with rules of natural justice and principles of good regulation.
• A sound ability to interpret law, apply it to relevant facts and deliver advice in plain language.
• Ability to summarise complex matters clearly and succinctly.
• Ability to support the Panel in its duty to write clear, concise and well-reasoned advice and determinations.
• Strong IT and computer skills.

 

Desirable

• Experience of advising regulatory panels.
• Experience of online hearings
• International legal/regulatory experience.
• Interest in finance and investment, pensions and/or insurance fields.

 

Indemnity

The IFoA’s indemnity arrangements cover those acting under the disciplinary schemes.

 

How to apply

A short list of candidates will be invited to a competency-based interview.

To apply, please email clerk@actuaries.org.uk providing the following information by the closing date of 25 February 2025:

• Your CV and full contact details;
• A cover letter (maximum 500 words) with a synopsis of your relevant background and experience, a note of your reasons for applying for this role, and an overview of what you feel you could bring to this role;
• A separate “name blank copy” of your CV and cover letter;
• If your application does not fully comply it may not be considered for shortlisting.

Please email us if you require:

• any information regarding our vacancies in an alternative format
• any adjustments to support you to fully participate in any part of the application and recruitment process

Any information shared will be used only to enable us to make reasonable adjustments to support candidates to participate in the recruitment process. It will not inform selection decisions.