MIR 2.12.4

In determining whether a Recognised Body has effective arrangements for monitoring and enforcing compliance with its rules (including its settlement arrangements), the Regulator may have regard to:

(a) the Recognised Body's ability to:
(i) monitor and oversee the use of its facilities;
(ii) assess its Members' compliance with its rules (and settlement arrangements, where appropriate);
(iii) assess the significance of any non-compliance;
(iv) take appropriate disciplinary action against Members in breach of its rules (and settlement arrangements, where appropriate);
(v) suspend a Member's access to its facilities;
(vi) refer Members' or others' conduct to other appropriate authorities for possible action or further investigation;
(vii) retain authority over a Member for at least one year after he has ceased to be a Member;
(viii) where appropriate, enforce its rules (and settlement arrangements, where appropriate) against users (other than Members) of its facilities; and
(ix) take action against suppliers of services to Members (for example, warehouses) whose performance or conduct may be critical to ensuring compliance with its rules (and settlement arrangements, where appropriate);
(b) the position, management and resources of the departments responsible for monitoring and overseeing the use of the Recognised Body's facilities and for enforcing compliance with its rules (and settlement arrangements, where appropriate); and
(c) the arrangements made for the determination of disciplinary matters including the arrangements for disciplinary hearings and the arrangements made for appeals from the Recognised Body's decisions in those matters.