The role and purpose of professional bodies
The primary purpose of any professional body or professional organization is to promote and support the particular profession. This has two aspects:
- the protection of the interests of the professionals themselves
- protection of the public interest
Some professional bodies may have a strong focus on protecting the public interest, for example a body which sets standards of professional competence. Other bodies such as trade unions focus on protecting the interests of their members. Where the balance lies for a particular professional body may be a matter of opinion.
The body may set best practice standards in its area of expertise. Professional bodies commonly set ethical standards for their profession, for example through codes of professional conduct. Accordingly, they may take action when a member's conduct falls below the standard expected.
Commonly, membership of a professional body is dependant on achieving certification or accreditation, which demonstrates that the individual concerned is appropriately qualified to work in a given field. Some bodies certificate that a person holds the professional qualifications required in an area, based on a recognised body of learning. Some professional bodies also act as learned societies for particular academic disciplines.
In the case of auditors, solicitors and many others, membership of an appropriate professional body is a legal prerequisite to work in the profession. Such bodies are the authoritative voice of the profession, and liaise with other stakeholders such as government regulators and the public.
Professional bodies often participate in lobbying activities, and provide information to the wider public about its areas of focus. It may also be involved in attracting new members to the profession.
The professional body may help advance and extend the professional knowledge of its members. It may be involved in training activities. In addition to initial registration, members may be required to complete continuing professional education to maintain their membership.
Professional bodies may also provide services to its members, for example in the area of career development. Regardless, the professional body is an important arena for networking with peer professionals. There may also be an element of social activities.
Some professional bodies also provide consultancy services that are relevant to their field of expertise. Interested parties may be referred to accredited or approved consultants. Consultant fees may or may not be charged. Professional bodies normally advise consultancy service users of the conditions under which such services are provided.
Royal Charter
IQA was granted Royal Charter on 19 July 2006. On January 18 2007, the Institute of Quality Assurance (IQA) officially became the Chartered Quality Institute (CQI). A Royal Charter does not confer a material value, but may be seen to signify eminence and stability. Royal Charter is a form of incorporation. The chartered body is a single legal entity rather than a collection of individuals, and has the powers of a natural person. There are other, more common ways of achieving incorporation, for example though company registration.
The earliest chartered body was Cambridge University in 1231. Royal Charters are rarely granted, and are only available to professional bodies or charities with a long standing record of achievement and that are financially sound. In order to obtain charter, the professional body must represent a unique field of activity which is not covered by other professional bodies and at least 75% of the corporate members should be qualified to first degree level.
Incorporated by Royal Charter is only a possibility if it is in the public interest. The incorporation entails that the body surrenders aspects of the control of its internal affairs to the Privy Council. Amendments to charters require the agreement of the Queen in council, while by-laws normally require the approval of the council. The Privy Council will need to be satisfied that government regulation of the affairs of the body is consistent with public policy.
Privy Council information about Royal Charter: http://www.privy-council.org.uk/output/Page44.asp
Privy Council list of granted charters: http://www.privy-council.org.uk/files/excel/Record%20of%20Charters%20Granted.xls
Privy Council on application process for royal charter http://www.privy-council.org.uk/output/Page45.asp
Judicial review
Professional bodies may fulfill a role as regulators of their profession. Bodies that derive their power to take decisions from acts or delegated legislation are normally considered public bodies. However, a body that does not derive its power from legislation may still be subject to judicial review, if it carries out a public function. For example, a self regulating professional body may be subject to judicial review, because it has a public function.
The grounds for judicial review of such bodies are:
- Illegality – where decisions are taken beyond the scope of the power of the body ('ultra vires')
- Procedural impropriety/fairness: a failure in the decision making process, for example that the 'rules of natural justice' are not observed
- rule against bias
- right to a fair hearing
- 'Irrationality' – decisions that could not have been reached by a sensible person ('perverse' or 'Wednesbury' unreasonable decisions)
Human Rights Act 1998 - decisions also need to comply with the European Convention of Human Rights.