Background Part 3 - Complaints Section 71 – Enforcement of minimum standards
188.This section inserts new section 40A into the 2007 Act (enforcement of minimum standards in relation to relevant professional organisations). The new section requires relevant professional organisations to meet minimum standards set for them by the Commission. These minimum standards are to be set out in guidance issued under the following sections of the 2007 Act—
	section 36A(1) in relation to how relevant professional organisations are to investigate and determine conduct complaints and regulatory complaints,
	section 39(1A) in relation to the operation and effectiveness of the Guarantee Fund and any analogous fund maintained by relevant professional organisations,
	section 40(2) in relation to the role of relevant professional organisations in overseeing how practitioners deal with complaints about the matters mentioned in section 40(1)(a) or (b).
189.New section 40A relates to the enforcement of minimum standards made in relation to relevant professional organisations. Subsection (4) allows for a dispute between the Commission and such a body to be submitted to arbitration for final and binding resolution. Otherwise, the Commission may direct the organisation to take steps to address the matter, and the Commission may enforce the steps required through the courts. When making an order under subsection (10), the court can provide that the relevant professional organisation is not required to comply with the direction where the court considers that taking the action proposed in the order would have a detrimental effect on the ability of the relevant professional organisation to comply with its regulatory objectives.