Financial Services and Markets Act 2000
Financial Services and Markets Act 2000 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Changes and effects yet to be applied to :
- Pt. 9A Ch. 2 applied in part (with modifications) by S.I. 2017/701, reg. 15A (as inserted) by 2023 c. 29Sch. 2para. 45
- Pt. 9A Ch. 2A repealed by 2023 c. 29Sch. 1Pt. 4
- s. 192JA 192JB and cross-headings inserted by 2013 c. 33s. 133(1)
- s. 3A(3)(a) words inserted by 2021 c. 22Sch. 8para. 2
- s. 33(1)(a) words inserted by 2021 c. 22Sch. 8para. 3
- s. 45(1) amendment to earlier affecting provision SI 2011/2832 art. 5(4) by S.I. 2013/472Sch. 2para. 220(a)(iv)
- s. 49(2A) inserted by S.I. 2003/1476art. 20(3) (This amendment not applied to legislation.gov.uk. This amending provision is revoked (15.7.2004) by S.I. 2004/1610, art. 2.)
- s. 55J(7A) - (7C) repealed by 2023 c. 29Sch. 1Pt. 4
- s. 55KA repealed by 2023 c. 29Sch. 1Pt. 4
- s. 73A(5) omitted by S.I. 2019/707reg. 4 (This amendment not applied to legislation.gov.uk. Reg. 4 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 11)
- s. 84(2)(i) words omitted by S.I. 2019/707reg. 6(2) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 12)
- s. 84(4) substituted by S.I. 2019/707reg. 6(3) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 12)
- s. 84(5) omitted by S.I. 2019/707reg. 6(4) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 12)
- s. 84(6) words substituted by S.I. 2019/707reg. 6(5)(a) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 12)
- s. 84(6) words substituted by S.I. 2019/707reg. 6(5)(b) (This amendment not applied to legislation.gov.uk. Reg. 6 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 12)
- s. 86(1)(b) words substituted by S.I. 2019/707reg. 8(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 8(2)(a) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(a))
- s. 86(1A)(c) words omitted by S.I. 2019/707reg. 8(3) (This amendment not applied to legislation.gov.uk. Reg. 8(3)(4) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(b))
- s. 86(1B)(a) words omitted by S.I. 2019/707reg. 8(4)(a) (This amendment not applied to legislation.gov.uk. Reg. 8(3)(4) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(b))
- s. 86(1B)(b) words substituted by S.I. 2019/707reg. 8(4)(b) (This amendment not applied to legislation.gov.uk. Reg. 8(3)(4) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(b))
- s. 86(7)(a) words substituted by S.I. 2019/707reg. 8(6)(a)(i) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(7)(a) words substituted by S.I. 2019/707reg. 8(6)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(7)(b) words substituted by S.I. 2019/707reg. 8(6)(b)(i) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(7)(b) words substituted by S.I. 2019/707reg. 8(6)(b)(ii) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(7)(c) substituted by S.I. 2019/707reg. 8(6)(c) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(7)(d)(ii) words substituted by S.I. 2019/707reg. 8(6)(d) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(8) word inserted by S.I. 2019/707reg. 8(7) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(9) word inserted by S.I. 2019/707reg. 8(8)(a) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(9)(b) words substituted by S.I. 2019/707reg. 8(8)(b) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 86(10) omitted by S.I. 2019/707reg. 8(10) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 87(4) words omitted by S.I. 2019/707reg. 9 (This amendment not applied to legislation.gov.uk. Reg. 9 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 14)
- s. 87A(1)(c) words substituted by S.I. 2019/707reg. 10(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 10(2)(b) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 15(a))
- s. 87A(7)(a) words omitted by S.I. 2019/707reg. 10(4) (This amendment not applied to legislation.gov.uk. Reg. 10(4)(5) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 15(b))
- s. 87D(1) words omitted by S.I. 2019/707reg. 11(2) (This amendment not applied to legislation.gov.uk. Reg. 11 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(a))
- s. 87D(1A) omitted by S.I. 2019/707reg. 11(3) (This amendment not applied to legislation.gov.uk. Reg. 11 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(a))
- s. 87E 87F omitted by S.I. 2019/707reg. 12 (This amendment not applied to legislation.gov.uk. Reg. 12 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(b))
- s. 87H 87I omitted by S.I. 2019/707reg. 14 (This amendment not applied to legislation.gov.uk. Reg. 14 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(d))
- s. 87K(5) words substituted by S.I. 2019/707reg. 15 (This amendment not applied to legislation.gov.uk. Reg. 15 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(e))
- s. 87L(5) words substituted by S.I. 2019/707reg. 16 (This amendment not applied to legislation.gov.uk. Reg. 16 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(f))
- s. 87M(4) words substituted by S.I. 2019/707reg. 17 (This amendment not applied to legislation.gov.uk. Reg. 17 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(g))
- s. 87FB omitted by S.I. 2019/707reg. 13 (This amendment not applied to legislation.gov.uk. Reg. 13 omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 16(c))
- s. 91(1A) words substituted by S.I. 2019/707reg. 30(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 30(2) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 17)
- s. 91(1A)(e) words substituted by S.I. 2019/707reg. 30(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 30(2) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 17)
- s. 97(1)(a)(ii) substituted by S.I. 2019/707reg. 31(a) (This amendment not applied to legislation.gov.uk. Reg. 31(a)(b) substituted immediately before IP completion day by virtue of S.I. 2019/1234, regs. 1(3), 18)
- s. 97(1)(b)(ii) substituted by S.I. 2019/707reg. 31(b) (This amendment not applied to legislation.gov.uk. Reg. 31(a)(b) substituted immediately before IP completion day by virtue of S.I. 2019/1234, regs. 1(3), 18)
- s. 122IA omitted by S.I. 2019/310reg. 5(7) (This amendment not applied to legislation.gov.uk. Reg. 5(7) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(a))
- s. 123(1)(c)(i) word omitted by S.I. 2019/310reg. 5(8)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(8)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(b))
- s. 123A(1)(c) words omitted by S.I. 2019/310reg. 5(9)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(9)(b)-(d) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(c))
- s. 123A(2)(c) omitted by S.I. 2019/310reg. 5(9)(c) (This amendment not applied to legislation.gov.uk. Reg. 5(9)(b)-(d) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(c))
- s. 123A(8) omitted by S.I. 2019/310reg. 5(9)(d) (This amendment not applied to legislation.gov.uk. Reg. 5(9)(b)-(d) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(c))
- s. 123B(1)(c) words omitted by S.I. 2019/310reg. 5(10)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(10)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(d))
- s. 129(8) omitted by S.I. 2019/310reg. 5(12)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(12)(a)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(f))
- s. 131AB(1) words omitted by S.I. 2019/310reg. 5(14)(b)(iii) (This amendment not applied to legislation.gov.uk. Reg. 5(14)(b)(iii) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(g))
- s. 137T applied (with modifications) by S.I. 2017/701, reg. 15A (as inserted) by 2023 c. 29Sch. 2para. 45
- s. 137FA(8) words inserted by 2015 c. 8Sch. 2para. 21(a)
- s. 137FA(8) words omitted by 2015 c. 8Sch. 2para. 21(b)
- s. 137FA(8) words substituted by 2015 c. 8Sch. 2para. 21(c)
- s. 138I applied (with modifications) by Regulation (EU) No. 600/2014, Art. 50D(2A) (as inserted) by 2023 c. 29Sch. 2para. 27(4)
- s. 141A applied (with modifications) by S.I. 2017/701, reg. 15A (as inserted) by 2023 c. 29Sch. 2para. 45
- s. 142X(2) words substituted by 2015 c. 8Sch. 2para. 22(2)
- s. 142X(4) words substituted by 2015 c. 8Sch. 2para. 22(3)
- s. 168(4)(j) word omitted by S.I. 2013/1773Sch. 1para. 10
- s. 175(5A) omitted by 2024 c. 9Sch.para. 5
- s. 175(5B) omitted by 2024 c. 9Sch.para. 5
- s. 177(6) words substituted by 2003 c. 44Sch. 26para. 54(2)
- s. 195A(12) words substituted by S.I. 2013/1797Sch. 1para. 1(3) (This amendment not applied to legislation.gov.uk. This amendment is omitted (20.2.2019) by virtue of S.I. 2019/328, reg. 20(2)(a) without ever being in force)
- s. 212(4) word substituted by 2012 c. 21Sch. 10para. 2(3)
- s. 212(5) word substituted by 2012 c. 21Sch. 10para. 2(3)
- s. 213(7) words added by 2009 c. 1s. 170(2)
- s. 214A inserted by 2009 c. 1s. 170(1)
- s. 218(1) words inserted by 2009 c. 1s. 170(3)(a)
- s. 218(2)(b) words added by 2009 c. 1s. 170(3)(b)
- s. 223A inserted by 2009 c. 1s. 172
- s. 234I(3) words inserted by 2024 c. 13Sch. 12para. 8(2)(a)
- s. 234I(3) words inserted by 2024 c. 13Sch. 12para. 8(2)(b)
- s. 234I(5) words substituted by 2024 c. 13Sch. 12para. 8(3)
- s. 234J(2)(a) word inserted by S.I. 2019/93Sch. 1para. 8(2) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 8(2)(3) substituted immediately before IP completion day by S.I. 2020/1343, regs. 1(1), 20)
- s. 234J(2)(c) omitted by S.I. 2019/93Sch. 1para. 8(3) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 8(2)(3) substituted immediately before IP completion day by S.I. 2020/1343, regs. 1(1), 20)
- s. 234J(2)(d) omitted by S.I. 2019/93Sch. 1para. 8(3) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 8(2)(3) substituted immediately before IP completion day by S.I. 2020/1343, regs. 1(1), 20)
- s. 234J(3) words inserted by 2024 c. 13Sch. 12para. 9(2)
- s. 234J(4) words inserted by 2024 c. 13Sch. 13para. 7
- s. 234J(5)(a) word inserted by 2024 c. 13Sch. 12para. 9(3)
- s. 261E(1) word substituted by 2023 c. 29s. 64(2)(b)
- s. 263 repealed by 2006 c. 46Sch. 16
- s. 312E(3)(a) words substituted by S.I. 2019/662reg. 8(2)(c)(i) (This amendment not applied to legislation.gov.uk. Reg. 8(2)(c)(i) substituted (25.6.2020) by S.I. 2020/646, regs. 1(2)(c), 11(2))
- s. 313(1) words substituted by S.I. 2019/1416reg. 2 (This amendment not applied to legislation.gov.uk. Reg. 2 omitted 25.6.2020) by virtue of S.I. 2020/646, regs. 1(2)(c), 15(2))
- s. 351 amendment to earlier affecting provision SI 2009/209 Sch. 5 para. 5 by S.I. 2013/472Sch. 2para. 155(6)(e)
- s. 351 amendment to earlier affecting provision SI 2011/99 Sch. 3 para. 6 by S.I. 2013/472Sch. 2para. 196(5)(f)
- s. 352(5) words substituted by 2003 c. 44Sch. 26para. 54(3)
- s. 367(3)(za) repealed by 2023 c. 29Sch. 1Pt. 4
- s. 380(6)(a)(ii) word omitted by S.I. 2016/225reg. 2(6)(a)
- s. 380(6)(a)(iii) word omitted by S.I. 2016/225reg. 2(6)(b)
- s. 380(6)(a)(iv) s. 380(6)(a)(iii) renumbered as s. 380(6)(a)(iv) by S.I. 2016/225reg. 2(6)(c)
- s. 392(a) words inserted by 2021 c. 22Sch. 8para. 11(2)
- s. 392(b) words inserted by 2021 c. 22Sch. 8para. 11(3)
- s. 395(13) words substituted by 2021 c. 22Sch. 8para. 12(2)(a)
- s. 395(13)(f) - (g) word inserted by 2021 c. 22Sch. 8para. 12(2)(b)
- s. 395(13)(bb) - (bbza) word inserted by 2021 c. 22Sch. 8para. 12(2)(b)
- s. 395(13)(za) - (bza) word inserted by 2021 c. 22Sch. 8para. 12(2)(b)
- s. 398(1A)(e) word omitted by S.I. 2017/701Sch. 2para. 48(b)
- s. 409 omitted by 2021 c. 22Sch. 8para. 13
- s. 418(1) word substituted by S.I. 2013/1797Sch. 1para. 1(4)(a) (This amendment not applied to legislation.gov.uk. This amendment is omitted (20.2.2019) by virtue of S.I. 2019/328, reg. 20(2)(b) without ever being in force)
- s. 418(1) word substituted by S.I. 2013/1797, Sch. 1 para. 1(4)(a) (as substituted) by S.I. 2014/1292art. 5(a) (This S.I. is amended by S.I. 2014/1313)
- s. 418(5B) amendment to earlier affecting provision S.I. 2013/1797, Sch. 1 para. 1(4)(b) by S.I. 2014/1292art. 5(b) (This S.I. is amended by S.I. 2014/1313)
- s. 418(5C) inserted by 2021 c. 22Sch. 8para. 15
- s. 418(6) word substituted by S.I. 2013/1797, Sch. 1 para. 1(4)(c) (as substituted) by S.I. 2014/1292art. 5(c) (This S.I. is amended by S.I. 2014/1313)
- s. 422A(10) omitted by S.I. 2019/632reg. 88(f) (This amendment not applied to legislation.gov.uk. Reg. 88(f) substituted immediately before IP completion day by S.I. 2019/680, regs. 1(3), 9(5))
- Sch. 1ZA para. 24(c) and word inserted by 2021 c. 22Sch. 8para. 17
- Sch. 1ZB para. 16(3)(c)(i) word inserted by 2013 c. 33s. 4(7)
- Sch. 2A para. 19(2)(b)(ii) word omitted by 2023 c. 29Sch. 10para. 19(a)
- Sch. 2A para. 19(2)(b)(iii) words substituted by 2023 c. 29Sch. 10para. 19(b)
- Sch. 11 para. 16(2) words inserted by 2004 c. 33Sch. 27para. 166 (This amendment not applied to legislation.gov.uk. Sch. 11 repealed (1.7.2005) by S.I. 2005/1433, reg. 2(1), Sch. 1 para. 16)
- Sch. 11A para. 2(a) words substituted by S.I. 2019/707reg. 38(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 2(b) words substituted by S.I. 2019/707reg. 38(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 2(c) words substituted by S.I. 2019/707reg. 38(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 2(e) words substituted by S.I. 2019/707reg. 38(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 3 words substituted by S.I. 2019/707reg. 38(3) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 4 words substituted by S.I. 2019/707reg. 38(4) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 5 words substituted by S.I. 2019/707reg. 38(5)(a) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 8(2)(a) words substituted by S.I. 2019/707reg. 38(7) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 11A para. 9(1) words substituted by S.I. 2019/707reg. 38(8) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 12 para. 2(3) omitted by S.I. 2019/632reg. 106(2)(b) (This amendment not applied to legislation.gov.uk. Reg. 106(2) omitted immediately before IP completion day by virtue of S.I. 2019/680, regs. 1(3), 9(6))
- Sch. 12 para. 2(1)(b) and word substituted by S.I. 2019/632reg. 106(2)(a) (This amendment not applied to legislation.gov.uk. Reg. 106(2) omitted immediately before IP completion day by virtue of S.I. 2019/680, regs. 1(3), 9(6))
- Sch. 13 amendment to earlier affecting provision SI 2008/3249 Sch. para. 14-18 by S.I. 2013/472Sch. 2para. 152
- Sch. 13 amendment to earlier affecting provision SI 2008/718 Sch. para. 15-19 by S.I. 2013/472Sch. 2para. 139
- Sch. 17 para. 2(2) omitted by 2024 c. 13Sch. 27para. 5(b)
- Sch. 17 para. 14(3A) omitted by 2024 c. 13Sch. 27para. 5(c)
- Sch. 17 para. 1 words omitted by 2024 c. 13Sch. 27para. 5(a)
- Sch. 17 para. 16D(a) words substituted by 2013 c. 22Sch. 9para. 52
- Sch. 19 Pt. 1 entry substituted by 2003 c. 20Sch. 2para. 24 (This amendment not applied to legislation.gov.uk. Sch. 19 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 247(k), 278(2), 279, Sch. 26 (with s. 237); S.I. 2003/1397, art. 2(1), Sch.)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act power to apply conferred (temp. until 15.5.2039) by 2014 c. 21s. 79(4)
- Act power to apply conferred (temp. until 15.5.2039) by 2014 c. 21s. 81(10)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 17 Ch. 3B inserted by 2023 c. 29s. 64(3)
- Pt. 20C inserted by 2016 c. 14s. 30(3)
- s. 31(1)(aa) inserted by 2021 c. 22s. 22(2)
- s. 32A inserted by 2021 c. 22s. 22(3)
- s. 32A power to apply (with modifications) conferred by 2021 c. 22s. 23(10)
- s. 36A and cross-heading inserted by 2021 c. 22s. 22(4)
- s. 71J and cross-heading inserted by 2021 c. 22Sch. 8para. 4
- s. 86(9A) inserted by S.I. 2019/707reg. 8(9) (This amendment not applied to legislation.gov.uk. Reg. 8(6)-(10) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 13(c))
- s. 87A(11) inserted by S.I. 2019/707reg. 10(5) (This amendment not applied to legislation.gov.uk. Reg. 10(4)(5) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 15(b))
- s. 124(10)(c)(i) word omitted by S.I. 2019/310reg. 5(11)(b) (This amendment not applied to legislation.gov.uk. Reg. 5(11)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(e))
- s. 129(7)(a) word inserted by S.I. 2019/310reg. 5(12)(a)(i) (This amendment not applied to legislation.gov.uk. Reg. 5(12)(a)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(f))
- s. 129(7)(c) omitted and word by S.I. 2019/310reg. 5(12)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 5(12)(a)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(2)(f))
- s. 204A(3)(fa) inserted by S.I. 2024/705Sch. 2para. 1
- s. 214(5A) inserted by 2021 c. 22Sch. 8para. 8
- s. 234I(9) inserted by 2024 c. 13Sch. 29para. 3(2)
- s. 234J(6) inserted by 2024 c. 13Sch. 29para. 3(3)
- s. 261E(A1) inserted by 2023 c. 29s. 64(2)(a)
- s. 367A inserted by 2021 c. 22Sch. 8para. 10
- s. 395(13)(h)(i) inserted by 2021 c. 22Sch. 8para. 12(2)(c)
- s. 395(13)(bc) - (be) word inserted by 2021 c. 22Sch. 8para. 12(2)(b)
- s. 395(14) inserted by 2021 c. 22Sch. 8para. 12(3)
- s. 427A(3) words substituted by 2002 c. 40Sch. 17para. 59 (This amendment not applied to legislation.gov.uk. The Financial Services and Markets Act 2000 does not contain a section 427A.)
- Sch. 1ZA para. 32(c) and word inserted by 2021 c. 22Sch. 8para. 18
- Sch. 2A para. 19(2)(b) (iia) inserted by 2023 c. 29Sch. 10para. 19(a)
- Sch. 2A 2B power to apply (with modifications) conferred by 2021 c. 22s. 23(10)
- Sch. 2A power to apply (with modifications) conferred by 2021 c. 22s. 23(10)
- Sch. 2B inserted by 2021 c. 22Sch. 7
- Sch. 2B power to apply (with modifications) conferred by 2021 c. 22s. 23(10)
- Sch. 11A para. 5(3) inserted by S.I. 2019/707reg. 38(5)(b) (This amendment not applied to legislation.gov.uk. Reg. 38(2)-(5)(7)(8) omitted (6.9.2019) by virtue of S.I. 2019/1234, regs. 1(2), 20)
- Sch. 17A para. 12 words substituted by S.I. 2019/662reg. 13(1) (This amendment not applied to legislation.gov.uk. Reg. 13(1) substituted (25.6.2020) by S.I. 2020/646, regs. 1(2)(c), 11(3))
- Introductory Text
- Part I The Regulator
- 1.The Financial Services Authority.
- The Authority’s general duties
- 2.The Authority’s general duties.
- 3.Market confidence.
- 3A.Financial stability
- 4.Public awareness.
- 5.The protection of consumers.
- 6.The reduction of financial crime.
- 6A.Enhancing public understanding of financial matters etc
- 7.Duty of Authority to follow principles of good governance.
- 8.The Authority’s general duty to consult.
- 9.The Practitioner Panel.
- 10.The Consumer Panel.
- 11.Duty to consider representations by the Panels.
- 12.Reviews.
- 13.Right to obtain documents and information.
- 14.Cases in which the Treasury may arrange independent inquiries.
- 15.Power to appoint person to hold an inquiry.
- 16.Powers of appointed person and procedure.
- 17.Conclusion of inquiry.
- 18.Obstruction and contempt.
- CHAPTER 1 The Financial Conduct Authority
- The Financial Conduct Authority
- 1A.The Financial Conduct Authority
- 1B.The FCA's general duties
- 1C.The consumer protection objective
- 1D.The integrity objective
- 1E.The competition objective
- 1EB.Competitiveness and growth objective
- 1F.Meaning of “relevant markets” in strategic objective
- 1G.Meaning of “consumer”
- 1H.Further interpretative provisions for sections 1B to 1G
- 1I.Meaning of “the UK financial system”
- 1IA.Modifications applying if core activity not regulated by PRA
- 1J.Power to amend objectives
- 1JA.Recommendations by Treasury in connection with general duties
- 1K.Guidance about objectives
- 1L.Supervision, monitoring and enforcement
- 1M.The FCA's general duty to consult
- 1MA.Composition of Panels
- 1N.The FCA Practitioner Panel
- 1O.The Smaller Business Practitioner Panel
- 1P.The Markets Practitioner Panel
- 1Q.The Consumer Panel
- 1QA.The Listing Authority Advisory Panel
- 1R.Duty to consider representations made by the Panels
- 1RA.Statement of policy on panel appointments
- 1RB.Requirements in connection with public consultations
- 1S.Reviews
- 1T.Right to obtain documents and information
- The Prudential Regulation Authority
- 2A.The Prudential Regulation Authority
- 2AB.Functions of the PRA
- 2B.The PRA's general objective
- 2C.Insurance objective
- 2D.Power to provide for additional objectives
- 2E.Strategy
- 2F.Interpretation of references to objectives
- 2G.Limit on effect of sections 2B to 2D
- 2H.Secondary objectives and duty to have regard to regulatory principles
- 2I.Guidance about objectives
- 2J.Interpretation of Chapter 2
- 2K.Arrangements for supervision of PRA-authorised persons
- 2L.The PRA's general duty to consult
- 2LA.Composition of Panels
- 2M.The PRA Practitioner Panel
- 2MA.The Insurance Practitioner Panel
- 2N.Duty to consider representations
- 2NA.Statement of policy on panel appointments
- 2NB.Requirements in connection with public consultations
- 2O.Reviews
- 2P.Right to obtain documents and information
- Introductory
- 3A.Meaning of “regulator”
- 3B.Regulatory principles to be applied by both regulators
- 3C.Duty to follow principles of good governance
- 3D.Duty of FCA and PRA to ensure co-ordinated exercise of functions
- 3E.Memorandum of understanding
- 3F.With-profits insurance policies
- 3G.Power to establish boundary between FCA and PRA responsibilities
- 3H.Parliamentary control of orders under section 3G
- 3I.Power of PRA to require FCA to refrain from specified action
- 3J.Power of PRA in relation to with-profits policies
- 3K.Revocation of directions under section 3I or 3J
- 3L.Further provisions about directions under section 3I or 3J
- 3M.Directions relating to consolidated supervision of groups
- 3N.Revocation of directions under section 3M
- 3O.Further provisions about directions under section 3M
- 3P.Consultation by regulator complying with direction
- 3Q.Co-operation by FCA . with Bank of England
- 3R.Arrangements for provision of services
- 3RA.Duty of FCA and PRA to review rules
- 3RB.Statement of policy relating to review of rules
- 3RC.Requirement to review specified rules
- 3RD.Report on certain reviews
- 3RE.Power of Treasury to require making of rules by regulations
- 3S.The consumer financial education body
- 3T.Interpretation
- The general prohibition
- 19.The general prohibition.
- 20.Authorised persons acting without permission.
- 21.Restrictions on financial promotion.
- 22.Regulated activities
- 22A.Designation of activities requiring prudential regulation by PRA
- 22B.Parliamentary control in relation to certain orders under section 22A
- 23.Contravention of the general prohibition or section 20(1) or (1A).
- 23A.Parliamentary control in relation to certain orders under section 23
- 24.False claims to be authorised or exempt.
- 25.Contravention of section 21.
- 26.Agreements made by unauthorised persons.
- 26A.Agreements relating to credit
- 27.Agreements made through unauthorised persons.
- 28.Agreements made unenforceable by section 26 or 27: general cases.
- 28A.Credit-related agreements made unenforceable by section 26, 26A or 27
- 28B.Decisions under section 28A: procedure
- 29.Accepting deposits in breach of general prohibition.
- 30.Enforceability of agreements resulting from unlawful communications.
- Authorisation
- 31.Authorised persons.
- 32.Partnerships and unincorporated associations.
- 33.Withdrawal of authorisation .
- 34.EEA firms.
- 35.Treaty firms.
- 36.Authorised open-ended investment companies
- 37.Exercise of EEA rights by UK firms.
- 38.Exemption orders.
- 39.Exemption of appointed representatives.
- 39A.Certain tied agents operating outside United Kingdom
- Application for permission
- 40.Application for permission.
- 41.The threshold conditions.
- 42.Giving permission.
- 43.Imposition of requirements.
- 44.Variation etc. at request of authorised person.
- 45.Variation etc. on the Authority’s own initiative.
- 46.Variation of permission on acquisition of control.
- 47.Exercise of power in support of overseas regulator.
- 48.Prohibitions and restrictions.
- 49.Persons connected with an applicant.
- 50.Authority’s duty to consider other permissions etc.
- 51.Applications under this Part.
- 52.Determination of applications.
- 53.Exercise of own-initiative power: procedure.
- 54.Cancellation of Part IV permission: procedure.
- 54A.Notification of ESMA
- 54B.Notification of EBA
- 55.Right to refer matters to the Tribunal.
- Application for permission
- 55A.Application for permission
- 55B.The threshold conditions
- 55C.Power to amend Schedule 6
- 55D.Firms based outside the United Kingdom
- 55E.Giving permission: the FCA
- 55F.Giving permission: the PRA
- 55G.Giving permission: special cases
- 55H.Variation by FCA at request of authorised person
- 55I.Variation by PRA at request of authorised person
- 55J.Variation or cancellation on initiative of regulator
- 55JA.Variation or cancellation on initiative of FCA: additional power
- 55K.Investment firms: particular conditions that enable cancellation
- 55KA.Insurance undertakings, reinsurance undertakings and third-country insurance undertakings: particular conditions that enable cancellation
- 55L.Imposition of requirements by FCA
- 55M.Imposition of requirements by PRA
- 55N.Requirements under section 55L or 55M: further provisions
- 55NA.General requirement relating to financial promotion approval
- 55NB.Section 55NA: power to provide for exemptions
- 55O.Imposition of requirements on acquisition of control
- 55P.Prohibitions and restrictions
- 55PA.Assets requirements imposed on insurance undertakings or reinsurance undertakings
- 55PB.Requirements relating to general meetings
- 55Q.Exercise of power in support of overseas regulator
- 55R.Persons connected with an applicant
- 55S.Duty of FCA or PRA to consider other permissions
- 55T.Persons whose interests are protected
- 55U.Applications under this Part
- 55V.Determination of applications
- 55W.Applications under this Part: communications between regulators
- 55X.Determination of applications: warning notices and decision notices
- 55XA.Applications relating to administering a benchmark
- 55Y.Exercise of own-initiative power: procedure
- 55Z.Cancellation of Part 4A permission or permission under section 55NA: procedure
- 55Z1.Notification of ESMA
- 55Z2.Notification of EBA
- 55Z2A.Notification of the European bodies
- 55Z3.Right to refer matters to the Tribunal
- 55Z4.Interpretation of Part 4A
- Prohibition orders
- 56.Prohibition orders.
- 57.Prohibition orders: procedure and right to refer to Tribunal.
- 58.Applications relating to prohibitions: procedure and right to refer to Tribunal.
- 59.Approval for particular arrangements.
- 59ZA.Senior management functions
- 59ZB.Designated senior management functions
- 59A.Specifying functions as controlled functions: supplementary
- 59AB.Specifying functions as controlled functions: transitional provision
- 59B.Role of FCA in relation to PRA decisions
- 60.Applications for approval.
- 60A.Vetting of candidates by relevant authorised persons
- 61.Determination of applications.
- 62.Applications for approval: procedure and right to refer to Tribunal.
- 62A.Changes in responsibilities of senior managers
- 63.Withdrawal of approval.
- 63ZA.Variation of senior manager's approval at request of relevant authorised person
- 63ZB.Variation of senior manager's approval on initiative of regulator
- 63ZC.Exercise of power under section 63ZB: procedure
- 63ZD.Statement of policy relating to conditional approval and variation
- 63ZE.Statement of policy: procedure
- 63A.Power to impose penalties
- 63B.Procedure and right to refer to Tribunal
- 63C.Statement of policy
- 63D.Statement of policy: procedure
- 63E.Certification of employees by . authorised persons
- 63F.Issuing of certificates
- 64.Conduct: statements and codes.
- 65.Statements and codes: procedure.
- 64A.Rules of conduct
- 64B.Rules of conduct: responsibilities of . authorised persons
- 64C.Requirement for . authorised persons to notify regulator of disciplinary action
- 66.Disciplinary powers.
- 66A.Misconduct: action by the FCA
- 66B.Misconduct: action by the PRA
- 67.Disciplinary measures: procedure and right to refer to Tribunal.
- 68.Publication.
- 69.Statement of policy.
- 70.Statements of policy: procedure.
- 71.Actions for damages.
- 71A.Meaning of “relevant authorised person”
- 71B.Removal of directors and senior executives
- 71C.Temporary manager
- 71D.Sections 71B and 71C: conditions
- 71E.Temporary manager: further provisions in relation to the appointment
- 71F.Temporary manager: instrument of appointment
- 71G.Right to refer matters to the Tribunal
- 71H.Removal of directors and senior executives and appointment of temporary manager: procedure
- 71I.Sections 71B to 71H: interpretation
- 71K.Designated activities
- 71L.Restrictions on carrying on of designated activities
- 71M.Designated activity regulations: general
- 71N.Designated activities: rules
- 71O.Designated activities: directions
- 71P.Designated activities: liability
- 71Q.Designated activities: enforcement
- 71R.Designated activities and rules: connected amendments
- 71S.Designated activities regulations: Parliamentary control
- .
- 72.The competent authority.
- 73.General duty of the competent authority.
- 73A.Part 6 Rules
- 74.The official list.
- 75.Applications for listing.
- 76.Decision on application.
- 77.Discontinuance and suspension of listing.
- 78.Discontinuance or suspension: procedure.
- 78A.Discontinuance or suspension at the request of the issuer: procedure
- 79.Listing particulars and other documents.
- 80.General duty of disclosure in listing particulars.
- 81.Supplementary listing particulars.
- 82.Exemptions from disclosure.
- 83.Registration of listing particulars.
- 84.Matters which may be dealt with by prospectus rules
- 85.Contravention of prohibition relating to public offer of securities
- 86.Exempt offers to the public and admissions to trading
- 87.Election to have prospectus
- 87A.Criteria for approval of prospectus by FCA
- 87B.Exemptions from disclosure
- 87C.Consideration of application for approval
- 87D.Procedure for decision to refuse an application for approval
- 87E.Transfer by FCA of application for approval
- 87F.Transfer to FCA of application for approval
- 87FA.Final terms
- 87FB.Communication of final terms by FCA
- 87G.Supplementary prospectus
- 87H.Prospectus approved in another EEA State
- 87I.Provision of information to host Member State
- 87J.Requirements imposed as condition of approval
- 87JA.Power to suspend scrutiny of prospectus
- 87JB.Power to refuse approval of a prospectus
- 87K.Power to suspend , restrict or prohibit offer to the public
- 87L.Power to suspend , restrict or prohibit admission to trading on a regulated market
- 87LA.Power of FCA to suspend or prohibit trading on a trading facility
- 87M.Public censure of issuer
- 87N.Right to refer matters to the Tribunal
- 87O.Procedure under sections 87JA, 87K, 87L and 87LA
- 87P.Exercise of powers at request of competent authority of another EEA State
- 87Q.Right of investor to withdraw
- 87R.Register of investors
- 88.Sponsors.
- 89.Public censure of sponsor.
- 88A.Disciplinary powers: contravention of s.88(3)(c) or (e)
- 88B.Action under s.88A: procedure and right to refer to Tribunal
- 88C.Action under s.88A: statement of policy
- 88D.Statement of policy under s.88C: procedure
- 88E.Powers exercisable to advance operational objectives
- 88F.Action under s.88E: procedure
- 89A.Transparency rules
- 89B.Provision of voteholder information
- 89C.Provision of information by issuers of transferable securities
- 89D.Notification of voting rights held by issuer
- 89E.Notification of proposed amendment of issuer's constitution
- 89F.Transparency rules: interpretation etc
- 89G.Transparency rules: other supplementary provisions
- 89H.FCA's power to call for information
- 89I.Requirements in connection with call for information
- 89J.Power to call for information: supplementary provisions
- 89K.Public censure of issuer
- 89L.Power to suspend or prohibit trading of securities
- 89M.Procedure under section 89L
- 89N.Right to refer matters to the Tribunal
- 89NA.Voting rights suspension orders
- 89O.Corporate governance rules
- 89P.Primary information providers
- 89Q.Disciplinary powers: contravention of s.89P(4)(b) or (d)
- 89R.Action under s.89Q: procedure and right to refer to Tribunal
- 89S.Action under s.89Q: statement of policy
- 89T.Statement of policy under s.89S: procedure
- 89U.Powers exercisable to advance operational objectives
- 89V.Action under s.89U: procedure
- 89W.Storage of regulated information
- 90.Compensation for statements in listing particulars or prospectus
- 90ZA.Liability for key investor information
- 90A.Liability of issuers in connection with published information
- 90B.Power to make further provision about liability for published information
- 91.Penalties for breach of Part 6 rules
- 92.Procedure.
- 93.Statement of policy.
- 94.Statements of policy: procedure.
- 95.Competition scrutiny.
- 96.Obligations of issuers of listed securities.
- 96A.Disclosure of information requirements
- 96B.Disclosure rules: persons responsible for compliance
- 96C.Suspension of trading
- 97.Appointment by FCA of persons to carry out investigations.
- 97A.Reporting of infringements
- 98.Advertisements etc. in connection with listing applications.
- 99.Fees.
- 100.Penalties.
- 100A.Exercise of powers where UK is host member state
- 101.Listing rules: general provisions.
- 102.Exemption from liability in damages.
- 102A.Meaning of “securities” etc.
- 102B.Meaning of “offer of transferable securities to the public” etc.
- 102C.Meaning of “home State” in relation to transferable securities
- 103.Interpretation of this Part
- 103A.Meaning of “the appropriate regulator”
- 104.Control of business transfers.
- 105.Insurance business transfer schemes.
- 106.Banking business transfer schemes.
- 106A.Reclaim fund business transfer scheme
- 106B.Ring-fencing transfer scheme
- 107.Application for order sanctioning transfer scheme.
- 108.Requirements on applicants.
- 109.Scheme reports: insurance business transfer schemes
- 109A.Scheme reports: ring-fencing transfer schemes
- 110.Right to participate in proceedings.
- 111.Sanction of the court for business transfer schemes.
- 112.Effect of order sanctioning business transfer scheme.
- 112ZA.Duty of regulator to provide copy of order
- 112A.Rights to terminate etc.
- 113.Appointment of actuary in relation to reduction of benefits.
- 114.Rights of certain policyholders.
- 114A.Notice of transfer of reinsurance contracts
- Business transfers outside the United Kingdom
- 115.Certificates for purposes of insurance business transfers overseas.
- 116.Effect of insurance business transfers authorised in other EEA States.
- 117.Power to modify this Part.
- .
- 118.Market abuse.
- 118A.Supplementary provision about certain behaviour
- 118B.Insiders
- 118C.Inside information
- 119.The code.
- 120.Provisions included in the FCA's code by reference to the City Code.
- 121.Codes: procedure.
- 122.Effect of the code.
- 122A.Power to require information from issuers
- 122B.General power to require information
- 122C.Power to require information: supplementary
- 122D.Entry of premises under warrant
- 122E.Retention of documents taken under section 122D
- 122F.Offences
- 122G.Publication of information and corrective statements by issuers
- 122H.Publication of corrective statements generally
- 122HA.Publication of corrective statements relating to benchmarks
- 122I.Power to suspend trading in financial instruments
- 122IA.Power to suspend auctioning of auctioned products on a recognised auction platform
- 123.Power to impose penalties or issue censure
- 123A.Power to prohibit individuals from managing or dealing
- 123B.Suspending permission to carry on regulated activities etc
- 123C.Exercise of administrative sanctions
- 124.Statement of policy.
- 125.Statement of policy: procedure.
- 126.Warning notices.
- 127.Decision notices and right to refer to Tribunal.
- 127A.Consultation with the PRA in relation to administrative sanctions
- 128.Suspension of investigations.
- 129.Power of court to impose administrative sanctions in cases of market abuse
- 130.Guidance.
- 130A.Interpretation and supplementary provision
- 131.Effect on transactions.
- 131A.Protected Disclosures
- 131AA.Reporting of infringements
- 131AB.Interpretation
- 131AC.Meaning of “persons closely associated” in the market abuse regulation
- 131AD.Individual liability in respect of legal persons under Articles 8 and 12 of the market abuse regulation
- 131AE.Liability for contraventions of Article 14 or 15 of the market abuse regulation
- Short selling rules
- 131B.Short selling rules
- 131C.Short selling rules: definitions etc
- 131D.Short selling rules: procedure in urgent cases
- 131E.Power to require information
- 131F.Power to require information: supplementary
- 131FA.Investigations in support of overseas regulator
- 131FB.Entry of premises under warrant
- 131FC.Retention of documents taken under section 131FB
- 131G.Power to impose penalty or issue censure
- 131H.Procedure and right to refer to Tribunal
- 131I.Duty on publication of statement
- 131J.Imposition of penalties under section 131G: statement of policy
- 131K.Statement of policy: procedure
- 131L.Offences
- Introductory
- 131M.Overview
- 131N.Cash access services and coordination arrangements
- 131O.Current accounts and relevant current account providers
- 131P.Cash access policy statement
- 131Q.Provision of reports to assist the Treasury
- 131R.Designation
- 131S.Designation criteria
- 131T.Cancellation or variation of a designation notice
- 131U.Purpose for which FCA must exercise functions under this Part
- 131V.FCA rules
- 131W.Power to direct designated persons
- 131X.Procedure for directions
- 131Y.Information gathering and investigations
- 131Z.Disciplinary measures
- 131Z1.Costs of supervision
- 131Z2.Exclusion and modification of other FCA duties
- 132.The Financial Services and Markets Tribunal.
- 133.Proceedings before Tribunal: general provision
- 133A.Proceedings before Tribunal: decision and supervisory notices, etc.
- 133B.Offences
- Legal assistance before the Tribunal
- 134.Legal assistance scheme.
- 135.Provisions of the legal assistance scheme.
- 136.Funding of the legal assistance scheme.
- CHAPTER 1 Rule-making powers
- General rule-making powers of the FCA and the PRA
- 137A.The FCA's general rules
- 137AA.The FCA's general rules: Gibraltar
- 137B.FCA general rules: clients' money, right to rescind etc.
- 137C.FCA general rules: cost of credit and duration of credit agreements
- 137D.FCA general rules: product intervention
- 137E.Orders under s.137D(1)(b)
- 137F.Rules requiring participation in benchmark
- 137FA.FCA general rules: disclosure of information about pension scheme transaction costs etc
- 137FAA.FCA general rules: pensions dashboards
- 137FAB.Pensions dashboards: further provision
- 137FAC.Sections 137FAA and 137FAB: supplementary
- 137FB.FCA general rules: disclosure of information about the availability of pensions guidance
- 137FBA.FCA general rules: advice about transferring or otherwise dealing with annuity payments
- 137FBB.FCA general rules: early exit pension charges
- 137FC.FCA rules: disclosure of information about the availability of financial guidance
- 137FD.FCA general rules: charges for claims management services
- 137G.The PRA's general rules
- 137GA.The PRA's general rules: Gibraltar
- 137H.General rules about remuneration
- 137I.Remuneration policies: Treasury direction to consider compliance
- 137J.Rules about recovery plans: duty to consult
- 137K.Rules about resolution packs: duty to consult
- 137L.Interpretation of sections 137J and 137K
- 137M.Special provision relating to adequacy of resolution plans
- 137N.Recovery plans and resolution packs: restriction on duty of confidence
- 137O.Threshold condition code
- 137P.Control of information rules
- 137Q.Price stabilising rules
- 137R.Financial promotion rules
- 137S.Financial promotion rules: directions given by FCA
- 137SA.Rules to recover expenses relating to the Money and Pensions Service
- 137SB.Rules to recover debt advice expenses incurred by the devolved authorities
- 137T.General supplementary powers
- Modification or waiver of rules
- 138A.Modification or waiver of rules
- 138B.Publication of directions under section 138A
- 138BA.Disapplication or modification of rules in individual cases
- 138C.Evidential provisions
- 138D.Actions for damages
- 138E.Limits on effect of contravening rules
- 138EA.Matters to consider when making rules
- 138F.Notification of rules
- 138G.Rule-making instruments
- 138H.Verification of rules
- 138I.Consultation by the FCA
- 138IA.FCA Cost Benefit Analysis Panel
- 138IB.Statement of policy in relation to cost benefit analyses
- 138J.Consultation by the PRA
- 138JA.PRA Cost Benefit Analysis Panel
- 138JB.Statement of policy in relation to cost benefit analyses
- 138K.Consultation: mutual societies
- 138L.Consultation: general exemptions
- 138M.Consultation: exemptions for temporary product intervention rules
- 138N.Temporary product intervention rules: statement of policy
- 138O.Statement of policy under section 138N: procedure
- 138P.Technical standards
- 138Q.Standards instruments
- 138R.Treasury approval
- 138S.Application of Chapters 1 and 2
- 139A.Power of the FCA to give guidance
- 139B.Notification of FCA guidance to the Treasury
- 140A.Interpretation
- 140B.Advice about effect of regulating provision or practice
- 140C.Consultation with regulator
- 140D.Investigation powers of CMA
- 140E.Publication by CMA of section 140B advice
- 140F.Duty of CMA to send report to regulator
- 140G.Duty of regulator to publish response
- 140H.Role of the Treasury
- 141A.Power to make consequential amendments of references to rules etc.
- 141B.Power to consequentially amend enactments
- Introductory
- 142A.“Ring-fenced body”
- 142B.Core activities
- 142C.Core services
- 142D.Excluded activities
- 142E.Power of Treasury to impose prohibitions
- 142F.Orders under section 142A, 142B, 142D or 142E
- 142G.Ring-fenced bodies not to carry on excluded activities or contravene prohibitions
- 142H.Ring-fencing rules
- 142I.Powers of Treasury in relation to ring-fencing rules
- 142J.Review of ring-fencing rules etc
- 142K.Cases in which group restructuring powers become exercisable
- 142L.Group restructuring powers
- 142M.Procedure: preliminary notices
- 142N.Procedure: warning notice and decision notice
- 142O.References to Tribunal
- 142P.Subsequent variation of requirement or direction
- 142Q.Consultation etc. between regulators
- 142R.Relationship with regulators' powers under Parts 4A and 12A
- 142S.Power to impose penalty or issue censure
- 142T.Procedure and right to refer to Tribunal
- 142U.Duty on publication of statement
- 142V.Imposition of penalties under section 142S: statement of policy
- 142W.Pension liabilities
- 142X.Further interpretative provisions for section 142W
- 142Y.Power of Treasury in relation to loss-absorbency requirements
- 142Z.Affirmative procedure in relation to certain orders under Part 9B
- 142Z1.Interpretation of Part 9B
- Interpretation
- 143A.FCA investment firms
- 143B.Other terms used in this Part
- 143C.Duty to make rules applying to FCA investment firms
- 143D.Duty to make rules applying to parent undertakings
- 143E.Powers to make rules applying to parent undertakings
- 143F.Part 9C rules
- 143G.Matters to consider when making Part 9C rules
- 143H.Explanation to accompany consultation on rules
- 143I.Exceptions from sections 143G and 143H
- 143J.Requirement to have UK parent undertaking
- 143K.Imposition of requirements on non-authorised parent undertakings
- 143L.Applications under section 143K
- 143M.Determination of applications under section 143K
- 143N.Refusal of applications under section 143K
- 143O.Exercise of own-initiative power under section 143K
- 143P.Right to refer matters to the Tribunal
- 143Q.Assets requirements
- 143R.Managers of non-authorised parent undertakings
- 143S.Part 9C prohibition orders
- 143T.Procedure for making a Part 9C prohibition order
- 143U.Varying and withdrawing a Part 9C prohibition order
- 143V.Offence of breaching a Part 9C prohibition order
- 143W.Disciplinary measures
- 143X.Procedure for disciplinary measures
- 143Y.Statement of policy for penalties under section 143W
- 143Z.Procedure for statement of policy
- Interpretation
- 144A.CRR rules
- 144B.Terms used in this Part
- 144C.Matters to consider when making CRR rules
- 144D.Explanation to accompany consultation on CRR rules
- 144E.Exceptions from sections 144C and 144D etc
- 144F.Power to consequentially amend enactments
- 144G.Disapplication or modification of CRR rules in individual cases
- 144H.Relationship with the capital requirements regulation
- Chapter I Rule-making Powers
- 138.General rule-making power.
- 139.Miscellaneous ancillary matters.
- 139A.General rules about remuneration
- 139B.Rules about recovery plans
- 139C.Rules about resolution plans
- 139D.Sections 139B and 139C: interpretation
- 139E.Rules about recovery and resolution plans: supplementary provision
- 139F.Special provision in relation to resolution plans
- 140.Restriction on managers of certain collective investment schemes.
- 141.Insurance business rules.
- 142.Insurance business: regulations supplementing Authority’s rules.
- 143.Endorsement of codes etc.
- Specific rules
- 144.Price stabilising rules.
- 145.Financial promotion rules.
- 146.Money laundering rules.
- 147.Control of information rules.
- 148.Modification or waiver of rules.
- 149.Evidential provisions.
- 150.Actions for damages.
- 151.Limits on effect of contravening rules.
- 152.Notification of rules to the Treasury.
- 153.Rule-making instruments.
- 154.Verification of rules.
- 155.Consultation.
- 156.General supplementary powers.
- 157.Guidance.
- 158.Notification of guidance to the Treasury.
- 158A.Guidance on outsourcing by investment firms and credit institutions
- 159.Interpretation.
- 160.Reports by OFT.
- 161.Power of OFT to request information.
- 162.Consideration by Competition Commission.
- 163.Role of the Treasury.
- 164.The Competition Act 1998.
- Powers to gather information
- 165.Regulators power to require information : authorised persons etc.
- 165A.PRA's power to require information: financial stability
- 165B.Safeguards etc in relation to exercise of power under section 165A
- 165C.Orders under section 165A(2)(d)
- 166.Reports by skilled persons.
- 166A.Appointment of skilled person to collect and update information
- 167.Appointment of persons to carry out general investigations.
- 168.Appointment of persons to carry out investigations in particular cases.
- 169.Investigations etc. in support of overseas regulator.
- 169A.Support of overseas regulator with respect to financial stability
- 170.Investigations: general.
- 171.Powers of persons appointed under section 167.
- 172.Additional power of persons appointed as a result of section 168(1) or (4).
- 173.Powers of persons appointed as a result of section 168(2).
- 174.Admissibility of statements made to investigators.
- 175.Information and documents: supplemental provisions.
- 176.Entry of premises under warrant.
- 176A.Retention of documents taken under section 176
- 177.Offences.
- 177A.Interpretation of Part 11
- Notices of acquisitions of control over UK authorised persons
- 178.Obligation to notify the appropriate regulator: acquisitions of control
- 179.Requirements for section 178 notices
- 180.Acknowledgment of receipt
- 181.Acquiring control
- 182.Increasing control
- 183.Reducing or ceasing to have control
- 184.Disregarded holdings
- 185.Assessment: general
- 186.Assessment criteria
- 187.Approval with conditions
- 187A.Assessment: consultation by PRA with FCA
- 187B.Assessment: consultation by FCA with PRA
- 187C.Variation etc of conditions
- 188.Assessment: consultation with EC competent authorities
- 189.Assessment: Procedure
- 190.Requests for further information
- 190A.Assessment and resolution
- 191.Duration of approval
- 191A.Objection by the appropriate regulator
- 191B.Restriction notices
- 191C.Orders for sale of shares
- 191D.Obligation to notify the appropriate regulator: dispositions of control
- 191E.Requirements for notices under section 191D
- 191F.Offences under this Part
- 191G.Interpretation
- 192.Power to change definitions of control etc.
- Introductory
- 192A.Meaning of “qualifying authorised person”
- 192B.Meaning of “qualifying parent undertaking”
- 192C.Power to direct qualifying parent undertaking
- 192D.Requirements that may be imposed
- 192E.Direction: procedure
- 192F.Consultation between regulators
- 192G.References to Tribunal
- 192H.Statement of policy: directions under section 192C
- 192I.Statement of policy relating to directions: procedure
- 192J.Rules requiring provision of information by parent undertakings
- 192JA.Rules applying to parent undertakings of ring-fenced bodies
- 192JB.Rules requiring parent undertakings to facilitate resolution
- 192K.Power to impose penalty or issue censure
- 192L.Procedure and right to refer to Tribunal
- 192M.Duty on publication of statement
- 192N.Imposition of penalties under section 192K: statement of policy
- Interpretation
- 192O.Interpretation
- 192P.Requirement for approval
- 192Q.Application for approval or exemption
- 192R.Grant of approval
- 192S.Regulator’s duty to monitor
- 192T.Measures
- 192U.Directions: procedure
- 192V.Rules imposing consolidated or sub-consolidated requirements
- 192W.Consultation between regulators
- 192X.References to Tribunal
- 192XA.Rules applying to holding companies
- 192XB.Procedural provision
- 192XC.Disapplication or modification of rules in individual cases
- Interpretation
- 193.Interpretation of this Part.
- 194.General grounds on which power of intervention is exercisable.
- 194A.Contravention by relevant EEA firm with UK branch of requirement under markets in financial instruments directive: appropriate regulator primarily responsible for securing compliance
- 194B.Contravention by relevant EEA firm of requirement in capital requirements directive or capital requirements regulation
- 194C.Contravention by relevant EEA firm with UK branch of requirement in mortgages directive: appropriate regulator primarily responsible for securing compliance
- 194D.Contravention by relevant EEA firm of requirement in insurance distribution directive: appropriate regulator primarily responsible for securing compliance
- 195.Exercise of power in support of overseas regulator.
- 195A.Contravention by relevant EEA firm , EEAUCITS or EEAAIFM of directive requirements: home state regulator primarily responsible for securing compliance
- 195B.Contravention by relevant EEA firm of requirement in mortgages directive: home state regulator primarily responsible for securing compliance
- 195C.Contravention by relevant EEA firm of requirement in insurance distribution directive: home state regulator primarily responsible for securing compliance
- 196.The power of intervention.
- 197.Procedure on exercise of power of intervention.
- 198.Power to apply to court for injunction in respect of certain overseas insurance companies.
- 199.Additional procedure for EEA firms in certain cases.
- 199A.Management companies: loss of authorisation
- 200.Rescission and variation of requirements.
- 201.Effect of certain requirements on other persons
- 202.Contravention of requirement imposed under this Part.
- 203.Power to prohibit the carrying on of Consumer Credit Act business.
- 204.Power to restrict the carrying on of Consumer Credit Act business.
- 203A.Insurance distribution directive: enhanced supervision of EEA firms by UK regulators
- 203B.Insurance distribution directive: enhanced supervision of UK firms by an EEA regulator
- 203C.Modification or waiver of rules where firm subject to enhanced supervision
- 203D.Publication of directions under section 203C
- 204A.Meaning of “relevant requirement” and “appropriate regulator”
- 205.Public censure.
- 206.Financial penalties.
- 206A.Suspending permission to carry on regulated activities etc
- 207.Proposal to take disciplinary measures.
- 208.Decision notice.
- 209.Publication.
- 210.Statements of policy.
- 211.Statements of policy: procedure.
- The scheme manager
- 212.The scheme manager.
- 213.The compensation scheme.
- 214.General.
- 214A.Contingency funding
- 214B.Contribution to costs of special resolution regime
- 214C.Limit on amount of special resolution regime payments
- 214D.Contributions under section 214B: supplementary
- 215.Rights of the scheme in insolvency
- 215A.Continuity etc. of funeral plan contracts
- 215B.Scheme manager’s power to require assistance from liquidator etc. in relation to funeral plan contracts
- 216.Continuity of long-term insurance policies.
- 217.Insurers in financial difficulties.
- 217ZA.Insurers subject to write-down orders
- 217ZB.Recovery of financial assistance under section 217ZA
- 217A.Co-operation
- 217B.Annual plan
- 218.Annual report.
- 218ZA.Audit of accounts
- 218A.Regulators' power to require information
- 218B.Treasury's power to require information from scheme manager
- 219.Scheme manager’s power to require information.
- 220.Scheme manager’s power to inspect information held by liquidator etc.
- 220A.Power to inspect information held by write-down manager
- 221.Powers of court where information required.
- 221A.Delegation of functions
- 222.Statutory immunity.
- 223.Management expenses.
- 223A.Investing in National Loans Fund
- 223B.Borrowing from National Loans Fund
- 223C.Payments in error
- 224.Scheme manager’s power to inspect documents held by Official Receiver etc.
- 224ZA.Discharge of functions
- 224A.Functions under the Banking Act 2009
- Introduction
- 224B.Meaning of “relevant scheme” etc
- 224C.Power to require FSCS manager to act on behalf of manager of relevant scheme
- 224D.Cases where FSCS manager may decline to act
- 224E.Grounds for declining to act
- 224F.Rules about relevant schemes
- The scheme
- 225.The scheme and the scheme operator.
- 226.Compulsory jurisdiction.
- 226A.Consumer credit jurisdiction
- 227.Voluntary jurisdiction.
- 228.Determination under the compulsory jurisdiction.
- 229.Awards.
- 230.Costs.
- 230A.Reports of determinations
- 231.Ombudsman’s power to require information.
- 232.Powers of court where information required.
- 232A.Scheme operator's duty to provide information to FCA
- 233.Data protection.
- 234.Industry funding.
- 234A.Funding by consumer credit licensees etc.
- 234B.Transfers of liability
- Super-complaints and references to FCA
- 234C.Complaints by consumer bodies
- 234D.Reference by scheme operator or regulated person
- 234E.Response by FCA
- 234F.Section 234E: exceptions
- 234G.Guidance
- 234H.Power of FCA to make request to Competition and Markets Authority
- 234I.The FCA's functions under Part 4 of the Enterprise Act 2002
- 234J.The FCA's functions under the Competition Act 1998
- 234K.Duty to consider exercise of powers under Competition Act 1998
- 234L.Provision of information and assistance to a CMA group
- 234M.Function of keeping market under review
- 234N.Exclusion of general duties
- 234O.Supplementary provision
- Chapter I Interpretation
- 235.Collective investment schemes.
- 235A.Contractual schemes
- 236.Open-ended investment companies.
- 236A.Meaning of “UCITS”
- 237.Other definitions.
- 238.Restrictions on promotion.
- 239.Single property schemes.
- 240.Restriction on approval of promotion.
- 241.Actions for damages.
- 241A.Bearer units no longer to be issued
- Applications for authorisation
- 242.Applications for authorisation of unit trust schemes.
- 243.Authorisation orders : authorised unit trust schemes.
- 243A.Authorisation orders: authorised money market funds
- 244.Determination of applications.
- 245.Procedure when refusing an application.
- 246.Certificates.
- 247.Trust scheme rules.
- 248.Scheme particulars rules.
- 249.Disciplinary measures
- 250.Modification or waiver of rules.
- 251.Alteration of schemes and changes of manager or trustee.
- 252.Procedure when refusing approval of a proposal under section 251.
- 252A.Proposal to convert to a non-feeder UCITS
- 253.Avoidance of exclusion clauses.
- 254.Revocation of authorisation order otherwise than by consent.
- 255.Procedure.
- 256.Requests for revocation of authorisation order.
- 257.Directions.
- 258.Applications to the court.
- 258A.Winding up or merger of master UCITS
- 259.Procedure on giving directions under section 257 or 258A and varying them on FCA's own initiative.
- 260.Procedure: refusal to revoke or vary direction.
- 261.Procedure: revocation of direction and grant of request for variation.
- 261A.Information for home state regulator
- 261B.Information for feeder UCITS
- Applications for authorisation
- 261C.Applications for authorisation of contractual schemes
- 261D.Authorisation orders : authorised contractual schemes
- 261E.Authorised contractual schemes: holding of units
- 261EA.Authorisation orders: authorised money market funds
- 261F.Determination of applications
- 261G.Procedure when refusing an application
- 261H.Certificates
- 261I.Contractual scheme rules
- 261J.Contractual scheme particulars rules
- 261K.Disciplinary measures
- 261L.Modification or waiver of rules
- 261M.Contracts
- 261N.Effect of becoming or ceasing to be a participant
- 261O.Limited liability
- 261P.Segregated liability in relation to umbrella co-ownership schemes
- 261Q.Alteration of contractual schemes and changes of operator or depositary
- 261R.Procedure when refusing approval of a proposal under section 261Q
- 261S.Proposal to convert to a non-feeder UCITS
- 261T.Avoidance of exclusion clauses
- 261U.Revocation of authorisation order otherwise than by consent
- 261V.Procedure for revoking authorisation order
- 261W.Requests for revocation of authorisation order
- 261X.Directions
- 261Y.Applications to the court
- 261Z.Winding up or merger of master UCITS
- 261Z1.Procedure on giving directions under section 261X or 261Z and varying them on FCA’s own initiative
- 261Z2.Procedure: refusal to revoke or vary direction
- 261Z3.Procedure: revocation of direction and grant of request for variation
- 261Z4.Information for home state regulator
- 261Z5.Information for feeder UCITS
- 262.Open-ended investment companies.
- 263.Amendment of section 716 Companies Act 1985.
- Schemes constituted in other EEA States
- 264.Schemes constituted in other EEA States.
- 265.Representations and references to the Tribunal.
- 266.Disapplication of rules.
- 267.Power of FCA to suspend promotion of scheme.
- 268.Procedure on giving directions under section 267 and varying them on FCA's own initiative.
- 269.Procedure on application for variation or revocation of direction.
- 270.Schemes authorised in designated countries or territories.
- 271.Procedure.
- 271A.Schemes authorised in approved countries
- 271B.Approval of country: equivalent protection afforded to participants
- 271C.Approval of country: regulatory co-operation
- 271D.Report by the FCA in relation to approval
- 271E.Power to impose requirements on schemes
- 271F.Application for recognition to the FCA
- 271G.Determination of applications
- 271H.Procedure when determining an application
- 271I.Obligations on operator of a section 271A scheme
- 271J.Provision of information to the FCA
- 271K.Rules as to scheme particulars
- 271L.Suspension of recognition
- 271M.Procedure when suspending recognition
- 271N.Revocation of recognition on the FCA's initiative
- 271O.Requests for revocation of recognition
- 271P.Obligations on operator where recognition is revoked or suspended
- 271Q.Effect of variation or revocation of Treasury regulations
- 271R.Public censure
- 271S.Recognition of parts of schemes under section 271A
- 272.Individually recognised overseas schemes.
- 273.Matters that may be taken into account.
- 274.Applications for recognition of individual schemes.
- 275.Determination of applications.
- 276.Procedure when refusing an application.
- 277.Alteration of schemes and changes of operator, trustee or depositary.
- 277A.Regular provision of information relating to compliance with requirements for recognition
- 278.Rules as to scheme particulars.
- 279.Revocation of recognition.
- 280.Procedure.
- 281.Directions.
- 282.Procedure on giving directions under section 281 and varying them otherwise than as requested.
- 282A.Obligations on operator where recognition is revoked or suspended
- 282B.Public censure
- 282C.Recognition of parts of schemes under section 272
- 283.Facilities and information in UK.
- 283A.Master-feeder structures
- 283B.Reports on derivative instruments
- 284.Power to investigate.
- 284A.Transformer vehicles
- Chapter I Exemption
- General
- 285.Exemption for recognised bodies etc.
- 285A.Powers exercisable in relation to recognised bodies etc
- 286.Qualification for recognition.
- 287.Application by an investment exchange.
- 287A.Application by an investment exchange: persons connected with an applicant
- 288.Application by a clearing house.
- 288A.Application by a central securities depository
- 289.Applications: supplementary.
- 290.Recognition orders.
- 290ZA.Variation of central counterparty recognition order
- 290ZB.Variation of CSD recognition order
- 290A.Refusal of recognition on ground of excessive regulatory provision
- 291.Liability in relation to recognised body’s regulatory functions.
- 292.Overseas investment exchanges and overseas clearing houses.
- 292A.Publication of information by recognised investment exchange
- 293.Notification requirements.
- 293A.Information: compliance with specified requirements
- 294.Modification or waiver of rules.
- 295.Notification: overseas investment exchanges and overseas clearing houses.
- 295A.On-site inspection of United Kingdom branches of third country CSDs
- 296.Appropriate regulator's power to give directions.
- 296A.Additional power to direct recognised central counterparties
- 297.Revoking recognition.
- 298.Directions and revocation: procedure.
- 299.Complaints about recognised bodies.
- 300.Extension of functions of Tribunal.
- 300A.Power of appropriate regulator to disallow excessive regulatory provision
- 300B.Duty to notify proposal to make regulatory provision
- 300C.Restriction on making provision before appropriate regulator decides whether to act
- 300D.Consideration by appropriate regulator whether to disallow proposed provision
- 300E.Power to disallow excessive regulatory provision: supplementary
- 300F.Rules relating to central counterparties and central securities depositories
- 300G.Section 300F: rules in relation to overseas FMI entities
- 300H.Rules relating to investment exchanges and data reporting service providers
- 300I.Duty of Bank of England to review rules
- 300J.Statement of policy relating to review of rules
- 300K.Requirement to review specified rules
- 300L.Report on certain reviews
- 300M.Power of Treasury to require making of rules by regulations
- 301.Supervision of certain contracts.
- Notices of acquisitions of control over recognised investment exchanges
- 301A.Obligation to notify the FCA: acquisitions of control
- 301B.Requirements for section 301A notices
- 301C.Acknowledgment of receipt
- 301D.Acquiring and increasing control
- 301E.Disregarded holdings
- 301F.Assessment: general
- 301G.Assessment: Procedure
- 301H.Duration of approval
- 301I.Objections by the FCA
- 301J.Restriction notices
- 301K.Orders for sale of shares
- 301L.Offences under this Chapter
- 301M.Interpretation
- 302.Interpretation.
- Role of Office of Fair Trading
- 303.Initial report by OFT.
- 304.Further reports by OFT.
- 305.Investigations by OFT.
- 306.Consideration by Competition Commission.
- 307.Recognition orders: role of the Treasury.
- 308.Directions by the Treasury.
- 309.Statements by the Treasury.
- 310.Procedure on exercise of certain powers by the Treasury.
- Relevant recognised bodies
- 309A.Recognised bodies to which this Chapter applies
- 309B.Part 18 prohibition orders
- 309C.Procedure for making Part 18 prohibition orders
- 309D.Varying and withdrawing Part 18 prohibition orders
- 309E.Offence of breaching prohibition
- 309F.Duty in relation to prohibited individuals
- 309G.Requirement for approval
- 309H.Rules under section 309G(3): transitional provision
- 309I.Applications for approval
- 309J.Vetting by relevant recognised bodies
- 309K.Determining applications: power to grant approval
- 309L.Determining applications: period for approval
- 309M.Determining applications: further procedure
- 309N.Changes in responsibilities
- 309O.Withdrawing approval
- 309P.Procedure for withdrawing approval
- 309Q.Varying approval at request of relevant recognised body
- 309R.Varying approval on the appropriate regulator’s initiative
- 309S.Statement of policy on approval
- 309T.Breach of statutory duty by relevant recognised bodies
- 309U.Power to impose penalties
- 309V.Procedure for imposing penalties
- 309W.Statement of policy on penalties
- 309X.Procedure for statement of policy on penalties
- 309Y.Certification of employees by relevant recognised bodies
- 309Z.Issuing certificates
- 309Z1.Rules of conduct
- 309Z2.Power to take disciplinary action for misconduct
- 309Z3.Meaning of “misconduct”
- 309Z4.Procedure for disciplinary action
- 309Z5.Statement of policy about disciplinary action
- 309Z6.Procedure for statement of policy about disciplinary action
- 309Z7.Interpretation of Chapter 2A
- 309Z8.Power to apply this Chapter to credit rating agencies
- 311.The Chapter I prohibition.
- 312.The Chapter II prohibition.
- EEA market operators in United Kingdom
- 312A.Exercise of passport rights by EEA market operator
- 312B.Removal of passport rights from EEA market operator
- 312C.Exercise of passport rights by recognised investment exchange
- 312D.Interpretation of Chapter 3A
- 312E.Public censure
- 312F.Financial penalties
- 312FA.Central securities depositories: further disciplinary measures
- 312G.Proposal to take disciplinary measures
- 312H.Decision notice
- 312I.Publication
- 312J.Statement of policy
- 312K.Statement of policy: procedure
- 312L.Critical third parties
- 312M.Power to make rules
- 312N.Power of direction
- 312O.Directions: procedure
- 312P.Information gathering and investigations
- 312Q.Power of censure
- 312R.Disciplinary measures
- 312S.Procedure and right to refer to Tribunal
- 312T.Statement of policy relating to disciplinary measures
- 312U.Duty to ensure co-ordinated exercise of functions etc
- 312V.Memorandum of understanding
- 312W.Application of provisions of this Act to this Chapter
- Interpretation
- 313.Interpretation of Part XVIII.
- 313A.FCA's power to require suspension or removal of financial instruments from trading
- 313B.Suspension or removal of financial instruments from trading: procedure
- 313BA.Procedure following consideration of representations
- 313BB.Revocation of requirements: applications by institutions
- 313BC.Decisions on applications for revocation by institutions
- 313BD.Revocation of requirements: applications by issuers
- 313BE.Decisions on applications for revocation by issuers
- 313C.Notification in relation to suspension or removal of a financial instrument from trading
- 313CA.Suspension or removal of financial instruments from trading: notification and trading on other venues
- 313CB.Suspension or removal of a financial instrument from a trading by a trading venue: FCA duties
- 313CC.Suspension or removal of a financial instrument from trading in another EEA state: FCA duties
- 313D.Interpretation of Part 18A
- General
- 314.Regulators' general duty.
- 314A.The PRA's objectives in relation to Lloyd's etc
- 315.The Society: regulated activities
- 316.Direction by a regulator
- 317.The core provisions.
- 318.Exercise of powers through Council.
- 319.Consultation.
- 320.Former underwriting members.
- 321.Requirements imposed under section 320.
- 322.Rules applicable to former underwriting members.
- 323.Transfer schemes.
- 324.Interpretation of this Part.
- 325.FCA's general duty.
- 326.Designation of professional bodies.
- 327.Exemption from the general prohibition.
- 328.Directions in relation to the general prohibition.
- 329.Orders in relation to the general prohibition.
- 330.Consultation.
- 331.Procedure on making or varying orders under section 329.
- 332.Rules in relation to persons to whom the general prohibition does not apply.
- 333.False claims to be a person to whom the general prohibition does not apply.
- 333A.Introduction and definitions
- Giving of pensions guidance
- 333B.Secretary of State’s role in relation to pensions guidance
- 333C.Giving of pensions guidance
- 333D.Financial assistance to bodies involved in giving pensions guidance
- 333E.Designation of providers of pensions guidance
- 333F.Co-operation and information sharing
- 333G.Offence of falsely claiming to be giving pensions guidance under arrangements made with Secretary of State
- 333H.Standards for giving of pensions guidance by designated guidance providers
- 333I.Monitoring of compliance with standards by designated guidance providers
- 333J.Failure by designated guidance providers to comply with standards: FCA recommendations
- 333K.FCA policy on making recommendations under section 333J
- 333L.FCA policy on making recommendations under section 333J: procedure
- 333M.Failure by designated guidance providers to comply with standards: . directions
- 333N.Directions to designated guidance providers under section 333M: relationship with power to revoke a designation
- 333O.FCA's duties
- 333P.Power of the FCA to give guidance
- 333Q.Funding of FCA's pensions guidance costs
- 333R.Funding of Secretary of State’s pensions guidance costs
- 333S.Financial assistance for action against illegal money lending
- 333T.Funding of action against illegal money lending
- Friendly societies
- 334.The Friendly Societies Commission.
- 335.The Registry of Friendly Societies.
- 336.The Building Societies Commission.
- 337.The Building Societies Investor Protection Board.
- 338.Industrial and provident societies and credit unions.
- 339.Supplemental provisions.
- General duties of regulator
- 339A.General duties of PRA in relation to auditors
- 339B.Duty to meet auditors of certain institutions
- 339C.PRA-authorised persons to which this section applies
- 340.Appointment.
- 341.Access to books etc.
- 342.Information given by auditor or actuary to a regulator.
- 343.Information given by auditor or actuary to a regulator: persons with close links.
- 344.Duty of auditor or actuary resigning etc. to give notice.
- 345.Disciplinary measures: FCA
- 345A.Disciplinary measures: PRA
- 345B.Procedure and right to refer to Tribunal
- 345C.Duty on publication of statement
- 345D.Imposition of penalties on auditors or actuaries: statement of policy
- 345E.Statements of policy: procedure
- 346.Provision of false or misleading information to auditor or actuary.
- The public record
- 347.The record of authorised persons etc.
- 347A.Duty of PRA to disclose information relevant to the record
- 348.Restrictions on disclosure of confidential information by FCA, PRA etc.
- 349.Exceptions from section 348.
- 350.Disclosure of information by the Inland Revenue.
- 351.Competition information.
- 351A.Disclosure under the UCITS directive
- 352.Offences.
- 353.Removal of other restrictions on disclosure.
- 353A.Information received from Bank of England
- 354.Authority’s duty to co-operate with others.
- 354A.FCA's duty to co-operate with others
- 354B.PRA's duty to co-operate with others
- 354C.PRA's duty to provide information to Bank of England
- 354D.Information under the markets in financial instruments directive
- 354E.Competent authorities under the markets in financial instruments directive: designation and co-operation
- 354F.Information under the transparency obligations directive
- 354G.Information under the UCITS directive
- 354H.Information under the Insurance Distribution Directive
- Interpretation
- 355.Interpretation of this Part.
- 355A.Powers of FCA and PRA to participate in proceedings
- 355B.Enforcement of requirements imposed by section 355A
- 356.Powers of FCA and PRA to participate in proceedings: company voluntary arrangements.
- 357.Powers of FCA and PRA to participate in proceedings: individual voluntary arrangements.
- 358.Powers of FCA and PRA to participate in proceedings: trust deeds for creditors in Scotland.
- 359.Administration order
- 360.Insurers.
- 361.Administrator’s duty to report to FCA and PRA
- 362.Powers of FCA and PRA to participate in proceedings.
- 362A.Administrator appointed by company or directors
- 363.Powers of FCA and PRA to participate in proceedings.
- 364.Receiver’s duty to report to FCA and PRA
- 365.Powers of FCA and PRA to participate in proceedings.
- 366.Insurers effecting or carrying out long-term contracts or insurance.
- 367.Winding-up petitions.
- 368.Winding-up petitions: EEA and Treaty firms.
- 369.Insurers: service of petition etc. on FCA and PRA.
- 369A.Reclaim funds: service of petition etc on FCA and PRA
- 370.Liquidator's duty to report to FCA and PRA
- 371.Powers of FCA and PRA to participate in proceedings.
- 372.Petitions.
- 373.Insolvency practitioner’s duty to report to FCA and PRA.
- 374.Powers of FCA or PRA to participate in proceedings.
- 375.Right of FCA and PRA to apply for an order.
- 376.Continuation of contracts of long-term insurance where insurer in liquidation.
- 377.Reducing the value of contracts instead of winding up.
- 377A.Write-down orders
- 377B.Excluded liabilities
- 377C.Application for a write-down order
- 377D.Powers of the FCA and PRA to participate in proceedings
- 377E.Powers of the court
- 377F.Duty to notify creditors
- 377G.The manager
- 377H.Write-down order ceasing to have effect
- 377I.Variation or revocation of a write-down order
- 377J.Further provision about write-down orders
- 377K.Insurers in financial difficulties: enforcement of contracts
- 378.Treatment of assets on winding up.
- 379.Winding-up rules.
- 379A.Power to apply settlement finality regime to payment institutions
- Injunctions
- 380.Injunctions.
- 381.Injunctions in cases of market abuse.
- 382.Restitution orders.
- 383.Restitution orders in cases of market abuse.
- 384.Power of FCA or PRA to require restitution.
- 385.Warning notices.
- 386.Decision notices.
- Warning notices
- 387.Warning notices.
- 388.Decision notices.
- 389.Notices of discontinuance.
- 390.Final notices.
- 391.Publication.
- 391A.Publication: special provisions relating to capital requirements
- 391B.Publication: special provisions relating to transparency obligations
- 391C.Publication: special provisions relating to UCITS
- 391D.Publication: special provisions relating to markets in financial instruments
- 391E.Publication: special provisions relating to insurance distribution
- 391F.Publication: special provisions relating to the prospectus regulation
- 392.Application of sections 393 and 394.
- 393.Third party rights.
- 394.Access to FCA or PRA material.
- 395.The FCA's and PRA's procedures.
- 396.Statements under section 395: consultation.
- Miscellaneous offences
- 397.Misleading statements and practices.
- 398.Misleading FCA or PRA: residual cases.
- 399.Misleading the CMA.
- 400.Offences by bodies corporate etc.
- 401.Proceedings for offences.
- 402.Power of FCA to institute proceedings for certain other offences.
- 403.Jurisdiction and procedure in respect of offences.
- Consumer redress schemes
- 404.Consumer redress schemes
- 404A.Rules under s.404: supplementary
- 404B.Complaints to the ombudsman scheme
- 404C.Enforcement
- 404D.Applications to Tribunal to quash rules or provision of rules
- 404E.Meaning of “consumers”
- 404F.Other definitions etc
- 404G.Power to widen the scope of consumer redress schemes
- 405.Directions.
- 406.Interpretation of section 405.
- 407.Consequences of a direction under section 405.
- 408.EFTA firms.
- 409.Gibraltar.
- 409A.Consultation in relation to deference decisions
- 409B.Notification in relation to international trade obligations
- 410.International obligations.
- 410A.Fees to meet certain expenses of the Treasury
- 410B.Directions in pursuance of section 410A
- 411.Tax treatment of levies and repayments.
- 412.Gaming contracts.
- 412A.Approval and monitoring of trade-matching and reporting systems
- 412B.Procedure for approval and suspension or withdrawal of approval
- 413.Protected items.
- 414.Service of notices.
- 415.Jurisdiction in civil proceedings.
- 415A.Powers under the Act
- 415AA.Application of powers to formerly authorised persons
- 415B.Consultation in relation to taking certain enforcement action
- 415C.Co-operation and consultation in relation to exercise of functions
- 416.Provisions relating to industrial assurance and certain other enactments.
- 416A.SDR policy statement
- 416B.FCA and PRA rules etc
- 417.Definitions.
- 418.Carrying on regulated activities in the United Kingdom.
- 419.Carrying on regulated activities by way of business.
- 419A.Claims management services
- 419B.Carrying on claims management activity in Great Britain
- 420.Parent and subsidiary undertaking.
- 421.Group.
- 421ZA.Immediate group
- 421A.Meaning of “participating interest”
- 422.Controller.
- 422A.Disregarded holdings
- 423.Manager.
- 423A.Mortgage agreements etc
- 424.Insurance.
- 424A.Investment firm
- 425.Expressions relating to authorisation . in the single market.
- 425A.Consumers: regulated activities etc carried on by authorised persons
- 425B.Consumers: regulated activities carried on by others
- 425C.“Qualifying provision”
- 426.Consequential and supplementary provision.
- 427.Transitional provisions.
- 428.Regulations and orders.
- 429.Parliamentary control of statutory instruments.
- 430.Extent.
- 431.Commencement.
- 432.Minor and consequential amendments, transitional provisions and repeals.
- 433.Short title.
- SCHEDULE 1The Financial Services Authority
- Part I General
- Interpretation
- 1.The Financial Services Authority
- 2.(1) The constitution of the Authority must continue to provide.
- 3.(1) The Authority must secure— (a) that the majority of.
- 4.(1) In this paragraph “the committee” means the non-executive committee.
- 5.(1) The Authority may make arrangements for any of its.
- 6.(1) The Authority must maintain arrangements designed to enable it.
- 7.(1) The Authority must— (a) make arrangements (“the complaints scheme”).
- 8.(1) The Authority is not obliged to investigate a complaint.
- 9.The Authority must maintain satisfactory arrangements for—
- 10.(1) At least once a year the Authority must make.
- 11.(1) Not later than three months after making a report.
- 12.Not later than one month after its annual meeting, the.
- 13.In relation to any of its functions—
- Exemption from requirement of “limited” in Authority’s name
- 14.The Authority is to continue to be exempt from the.
- 15.If the Secretary of State is satisfied that any action.
- Penalties
- 16.(1) In determining its policy with respect to the amounts.
- 17.(1) The Authority may make rules providing for the payment.
- 18.The power conferred by paragraph 17 may not be used.
- Exemption from liability in damages
- 19.(1) Neither the Authority nor any person who is, or.
- 19A.For the purposes of this Act anything done by an.
- 19B.Any amount (other than a fee) which is required by.
- 20.In Part III of Schedule 1 to the House of.
- 21.In Part III of Schedule 1 to the Northern Ireland.
- PART 1 General
- Interpretation
- 1.In this Schedule— “ the Bank ” means the Bank.
- 2.(1) The constitution of the FCA must provide for the.
- 2A.(1) The term of office of a person appointed as.
- 2B.(1) A person may not be appointed as chief executive.
- 3.(1) The terms of service of the appointed members are.
- 4.(1) The Treasury may remove an appointed member from office—.
- 5.The validity of any act of the FCA is not.
- 6.The Bank's Deputy Governor for prudential regulation must not take.
- 6A.(1) The Chair of the Payment Systems Regulator must not.
- 7.The FCA must pay to the appointed members such remuneration.
- 8.(1) The FCA may make arrangements for any of its.
- 9.The FCA must maintain satisfactory arrangements for—
- 10.(1) The FCA must publish a record of each meeting.
- 11.(1) At least once a year the FCA must make.
- 11A.(1) The Treasury may (subject to this paragraph) at any.
- 12.(1) Not later than 3 months after making a report.
- 13.Not later than one month after its annual meeting, the.
- 14.(1) The Treasury may— (a) require the FCA to comply.
- 15.(1) The FCA must send a copy of its annual.
- Status
- 16.In relation to any of its functions—
- 17.The FCA is to continue to be exempt from the.
- 18.If the Secretary of State is satisfied that any action.
- Penalties
- 19.In determining its policy with respect to the amounts of.
- 20.(1) The FCA must in respect of each of its.
- 21.(1) The FCA must prepare and operate a scheme (“.
- 22.(1) The scheme details must be published by the FCA.
- 23.(1) The FCA may make rules providing for the payment.
- 24.The power conferred by paragraph 23 may not be used.
- Exemption from liability in damages
- 25.(1) None of the following is to be liable in.
- 26.For the purposes of this Act anything done by an.
- 27.Any amount (other than a fee) which is required by.
- 28.(1) This paragraph applies where the FCA issues a relevant.
- 29.(1) This paragraph applies where— (a) the FCA issues a.
- PART 1 General
- Interpretation
- 1.In this Schedule— . “ functions ”, in relation to.
- 2.The constitution of the PRA must provide—
- 3.The governing body must consist of —
- 4.The validity of any act of the PRA is not.
- 5.The chief executive of the FCA must not take part.
- 6.The appointed members must be appointed by the court of.
- 7.Paragraphs 8 to 12 apply to the exercise by the.
- 8.The court of directors must secure that the majority of.
- 9.For the purposes of paragraph 8, and for the purposes.
- 10.The court of directors must have regard to generally accepted.
- 11.(1) Before appointing a person as an appointed member, the.
- 12.An employee of the FCA is disqualified for appointment as.
- 13.The PRA must pay to the Bank the amount of.
- 14.The court of directors of the Bank may, with the.
- 15.(1) The terms of service of the members of the.
- 16.(1) The PRA may make arrangements for any of its.
- 17.The PRA must maintain satisfactory arrangements for—
- 18.(1) The PRA must, for each of its financial years.
- 19.(1) At least once a year the PRA must make.
- 20.(1) In relation to each report made under paragraph 19.
- 21.(1) The PRA must publish a report about its consultation.
- 21A.(1) The Treasury may (subject to this paragraph) at any.
- 22.(1) The Treasury may— (a) require the PRA to comply.
- 23.(1) The PRA must send a copy of its annual.
- Status
- 24.In relation to any of its functions—
- 25.The PRA is to be exempt from the requirements of.
- 26.If the Secretary of State is satisfied that any action.
- Penalties
- 27.In determining its policy with respect to the amounts of.
- 28.(1) The PRA must in respect of each of its.
- 29.(1) The PRA must prepare and operate a scheme (“.
- 30.(1) The scheme details must be published by the PRA.
- 31.(1) The PRA may make rules providing for the payment.
- 32.The power conferred by paragraph 31 may not be used.
- Exemption from liability in damages
- 33.(1) None of the following is to be liable in.
- 34.For the purposes of this Act anything done by an.
- 35.Any amount (other than a fee) which is required by.
- 36.(1) This paragraph applies where the PRA issues a relevant.
- 37.(1) This paragraph applies where— (a) the PRA issues a.
- Part 1 General
- Ensuring exercise of consumer financial education function etc
- 1.(1) The FCA must take such steps as are necessary.
- 2.(1) The constitution of the consumer financial education body must.
- 3.(1) The consumer financial education body is not to be.
- 4.(1) The consumer financial education body may discharge the consumer.
- 5.(1) This paragraph applies if the consumer financial education body.
- 6.In discharging the consumer financial education function the consumer financial.
- 6A.(1) The consumer financial education body and the FCA must.
- 6B.If the consumer financial education body considers that it has.
- 7.(1) The consumer financial education body must adopt an annual.
- 8.(1) The consumer financial education body must in respect of.
- 9.(1) At least once a year, the consumer financial education.
- 9A.(1) The consumer financial education body must send a copy.
- 10.(1) . . . . . . . . .
- Meaning of “the relevant costs”
- 11.(1) In this Part of this Schedule “ the relevant.
- 12.(1) For the purpose of meeting a proportion of the.
- 13.(1) For the purpose of meeting a proportion of the.
- 14.(1) The Treasury or the Secretary of State may—
- Reviews of economy etc of the consumer financial education body
- 15.(1) The FCA may appoint an independent person to conduct.
- 16.(1) A person conducting a review under paragraph 15—
- Part I Regulated activities: general
- General
- 1.The matters with respect to which provision may be made.
- 2.(1) Buying, selling, subscribing for or underwriting investments or offering.
- 3.Making, or offering or agreeing to make—
- 4.Accepting deposits.
- 5.(1) Safeguarding and administering assets belonging to another which consist.
- 6.Managing, or offering or agreeing to manage, assets belonging to.
- 7.Giving or offering or agreeing to give advice to persons.
- 8.Establishing, operating or winding up a collective investment scheme, including.
- 9.(1) Sending on behalf of another person instructions relating to.
- 9A.Activities of reclaim funds
- General
- 10.The matters with respect to which provision may be made.
- 11.(1) Shares or stock in the share capital of a.
- 12.Any of the following— (a) debentures; (b) debenture stock;
- 13.(1) Loan stock, bonds and other instruments—
- 14.(1) Warrants or other instruments entitling the holder to subscribe.
- 15.Certificates or other instruments which confer contractual or property rights—.
- 16.(1) Shares in or securities of an open-ended investment company.
- 17.Options to acquire or dispose of property.
- 18.Rights under a contract for the sale of a commodity.
- 19.Rights under— (a) a contract for differences; or
- 20.Rights under a contract of insurance, including rights under contracts.
- 21.(1) The underwriting capacity of a Lloyd’s syndicate.
- 22.Rights under any contract under which a sum of money.
- 23.(1) Rights under any contract under which one person provides.
- 23A.(1) Rights under any arrangement for the provision of finance.
- 23B.(1) Rights under a contract for the bailment or (in.
- 24.Any right or interest in anything which is an investment.
- 24A.General
- 24B.Providing credit reference services
- 24C.Providing credit information services
- 24D.Giving advice to a person other than a body corporate.
- 24E.General
- 24F.Providing information
- 24G.Administration
- 24H.Determining or publishing benchmark or publishing connected information
- The order-making power
- 25.(1) An order under section 22(1) or (1A) to (1B).
- 26.(1) This paragraph applies to any order made under section.
- 27.(1) In this Schedule— “buying” includes acquiring for valuable consideration;.
- PART 1 Interpretation etc
- Gibraltar-based person
- 1.(1) In this Act, “ Gibraltar-based person ” means a.
- 2.(1) In this Schedule— “ the Gibraltar regulator ” means.
- 3.(1) In this Schedule, “ approved activity ” means a.
- 4.For the purposes of any provision of this Schedule which.
- Approval of regulated activities
- 5.(1) The Treasury may by regulations approve a regulated activity.
- 6.(1) The Treasury must by regulations make provision about how.
- 7.(1) The Treasury may not make regulations under paragraph 5.
- 8.(1) The Treasury may not approve a regulated activity under.
- 9.(1) The Treasury may not approve a regulated activity under.
- 10.Before making regulations under paragraph 5 or 6, the Treasury.
- 11.(1) The restrictions in paragraphs 7, 8 and 9 do.
- Obtaining permission to carry on an approved activity
- 12.(1) If the appropriate UK regulator receives a notification from.
- 13.(1) A Schedule 2A permission for a person to carry.
- 14.In relation to a notification, “ the appropriate UK regulator.
- 15.(1) A notification must— (a) name the Gibraltar-based person,
- 16.(1) Where the appropriate UK regulator receives a notification, it.
- 17.(1) The appropriate UK regulator may not reject a notification.
- 18.(1) The appropriate UK regulator must reject a notification if.
- 19.(1) The appropriate UK regulator may reject a notification, so.
- 20.(1) The appropriate UK regulator may reject a notification if.
- Variation of permission
- 21.(1) A Schedule 2A permission may be varied in accordance.
- 22.(1) If the appropriate UK regulator receives a notification from.
- 23.In relation to a notification, “ the appropriate UK regulator.
- 24.(1) A notification must— (a) state the desired variation,
- 25.(1) Where the appropriate UK regulator receives a notification, it.
- 26.(1) The appropriate UK regulator may not reject a notification.
- 27.(1) A UK regulator may exercise a power under this.
- 28.(1) For the purposes of this Schedule, “the own-initiative conditions”.
- 29.(1) The variation of a Schedule 2A permission under paragraph.
- 30.A Gibraltar-based person who is aggrieved by the exercise by.
- Cancellation of permission
- 31.A Schedule 2A permission may be cancelled in accordance with.
- 32.(1) If the appropriate UK regulator receives a notification from.
- 33.In relation to a notification, “ the appropriate UK regulator.
- 34.A notification must— (a) state the reason for requesting the.
- 35.(1) Where the appropriate UK regulator receives a notification, it.
- 36.(1) The appropriate UK regulator may not reject a notification.
- 37.(1) The FCA may cancel a Schedule 2A permission where.
- 38.(1) If a UK regulator proposes to cancel a Gibraltar-based.
- 39.If a UK regulator gives a Gibraltar-based person a decision.
- Requirements
- 40.(1) A requirement may be imposed on a Gibraltar-based person.
- 41.(1) This paragraph applies where a UK regulator has received—.
- 42.(1) If a UK regulator proposes to impose a requirement.
- 43.If a UK regulator gives a Gibraltar-based person a decision.
- 44.(1) If the appropriate UK regulator receives a notification from.
- 45.In relation to a notification, “ the appropriate UK regulator.
- 46.A notification must— (a) state the requirement to be imposed.
- 47.(1) Where the appropriate UK regulator receives a notification, it.
- 48.(1) The appropriate UK regulator may not reject a notification.
- 49.(1) A UK regulator may exercise the powers under this.
- 50.(1) The imposition or variation of a requirement under paragraph.
- 51.(1) If a UK regulator proposes to exercise a power.
- 52.A Gibraltar-based person who is aggrieved by the exercise by.
- 53.(1) This paragraph makes provision about a requirement imposed on.
- 54.(1) A requirement imposed on a Gibraltar-based person under this.
- 55.(1) Contravention of a requirement imposed under this Part of.
- Duty to notify UK regulators of changes
- 56.(1) A UK regulator may direct that a change relating.
- Directions about information to be included in notifications
- 57.(1) A UK regulator may direct that a notification for.
- Transition on withdrawal of approval of regulated activity
- 58.(1) Sub-paragraph (2) applies where— (a) the Treasury withdraw their.
- 59.(1) Sub-paragraph (2) applies where— (a) the Treasury provide that.
- 60.(1) Sub-paragraph (2) applies where— (a) by virtue of paragraph.
- 61.(1) A UK regulator may direct that a contract specified.
- 62.Where a person in respect of whom a decision under.
- 63.(1) The Treasury may by regulations extend the period under.
- Transition on cancellation of Schedule 2A permission
- 64.(1) Sub-paragraphs (2), (4) and (5) apply where—
- 65.(1) Sub-paragraphs (2) and (4) apply where the Gibraltar regulator—.
- 66.(1) In this Part of this Schedule, “ the appropriate.
- 67.(1) A UK regulator may direct that a contract specified.
- 68.(1) A Gibraltar-based person ceases to be treated as having.
- 69.(1) If a UK regulator proposes to specify or vary.
- 70.If a UK regulator gives a Gibraltar-based person a decision.
- Policy statements
- 71.(1) Each UK regulator must prepare and issue a statement.
- 72.(1) Before issuing a statement under paragraph 71(1) or (2).
- FCA's duties to consult the PRA
- 73.(1) The FCA must consult the PRA before—
- 74.(1) The FCA must obtain the PRA's consent before exercising.
- 75.(1) The FCA must inform the PRA in writing without.
- 76.(1) The PRA must consult the FCA before—
- 77.(1) The PRA must obtain the FCA's consent before exercising.
- 78.(1) When the PRA receives a notification for the purposes.
- 79.(1) A UK regulator must inform the Gibraltar regulator in.
- Duties to co-operate
- 80.(1) Each of the FCA, the PRA and the scheme.
- 81.(1) Each of the FCA, the PRA and the scheme.
- 82.(1) A UK regulator or the scheme manager must, on.
- Gibraltar-based individuals carrying on insurance distribution activities
- 83.(1) For the purposes of paragraph 1, an individual without.
- Part I Defined terms
- The single market directives
- 1.“The single market directives” means— (a) the capital requirements directive.
- 2.”The banking consolidation directive” means Directive 2006/48/ EC of the.
- 3.“The Solvency 2 Directive” means Directive 2009/138/EC of the European.
- 3A.“ The reinsurance directive ” means Directive 2005/68/ EC of.
- 4.. . . . . . . . . .
- 4A.“The insurance distribution directive” means Directive (EU) 2016/97 of the.
- 4B.“ The UCITS directive ” means the Directive of the.
- 4C.“The markets in financial instruments directive” means Directive 2014/65/EU of.
- 4D.The emission allowance auctioning regulation
- 4E.“The alternative investment fund managers directive” means Directive 2011/61/ EU.
- 4F.“The mortgages directive” means Directive 2014/17/ EU of the European.
- 5.“EEA firm” means any of the following if it does.
- 5A.In paragraph 5, “ relevant office ” means—
- 6.“ EEA authorisation ” means— (a) in relation to an.
- 7.“EEA right” means the entitlement of a person to establish.
- 7A.In paragraph 7, “ relevant office ” means—
- 8.“ EEA State ” has the meaning given by Schedule.
- 9.“Home state regulator” means the competent authority (within the meaning.
- 10.“UK firm” means a person whose relevant office is in.
- 10A.In paragraph 10, “ relevant office ” means—
- 10B.” UK investment firm” means a UK firm—
- 11.“Host state regulator” means the competent authority (within the meaning.
- 11A.”Tied agent” has the meaning given in Article 4.1.29 of.
- 11B.“ Management company ” has the meaning given in Article.
- 11C.“ UCITS ” has the meaning given in Article 1.2.
- 11D.“ EEA AIFM ” means an EEA firm falling within.
- Firms qualifying for authorisation
- 12.(1) Once an EEA firm which is seeking to establish.
- 13.(1) If the firm falls within paragraph 5(a), (b), (c).
- 14.(1) The service conditions are that— (a) the firm has.
- 15.(1) On qualifying for authorisation as a result of paragraph.
- 15ZA.Grant of permission: bidding for emission allowances
- 15A.Application for approval to manage UCITS
- 15B.Representations and references to the Tribunal
- 15C.Information to home state regulator
- 16.(1) This paragraph applies to an EEA firm which is.
- 17.Regulations may— (za) require the FCA and the PRA to.
- 18.Regulations may provide that in prescribed circumstances an EEA firm.
- Meaning of “the appropriate UK regulator”
- 18A.In this Part of this Schedule “ the appropriate UK.
- 19.(1) Subject to sub-paragraphs (5ZA) , (5ZB) , (5A) and.
- 20.(1) Subject to sub-paragraphs (4D) to (4I), a UK firm.
- 20ZA.Information for host state regulator
- 20A.(1) If a UK investment firm or UK credit institution.
- 20B.Notice of intention to market a UCITS
- 20C.(1) A full-scope UK AIFM may not exercise in the.
- 21.(1) If a UK firm which is not an authorised.
- 22.(1) Regulations may make such provision as the Treasury consider.
- 23.(1) Sub-paragraphs (2) and (2A) apply if a UK firm—.
- 24.(1) Sub-paragraph (2) applies if a UK firm—
- 24A.(1) The regulators may make arrangements about—
- 25.The FCA must include in the record that it maintains.
- 26.UK management companies: delegation of functions
- 27.UK management companies: withdrawal of authorisation
- 28.Management companies: request for information
- 29.If a host state regulator informs the FCA in accordance.
- Definitions
- 1.(1) In this Schedule— . . . . . .
- 2.Once a Treaty firm which is seeking to carry on.
- 3.(1) The conditions are that— (a) the firm has received.
- 3A.Regulations may require the PRA and the FCA to notify.
- 4.(1) On qualifying for authorisation under this Schedule, a Treaty.
- 5.(1) Sub-paragraph (2) applies to a Treaty firm which—
- 6.(1) A person who contravenes paragraph 5(2) is guilty of.
- Authorisation
- 1.(1) A person who for the time being is an.
- 2.(1) A person authorised as a result of paragraph 1(1).
- PART 1 Introduction
- 1A.(1) In this Schedule— “assets” includes contingent assets; “consolidated supervision”.
- 2A.Introduction
- 2B.Location of offices
- 2C.Effective supervision
- 2D.Appropriate resources
- 2E.Suitability
- 2F.Business model
- 2G.Interpretation
- 3A.Introduction
- 3B.Effective supervision
- 3C.Appropriate non-financial resources
- 3D.Suitability
- 3E.Business model
- 4A.Introduction
- 4B.Legal status
- 4C.Location of offices
- 4D.Business to be conducted in a prudent manner
- 4E.Suitability
- 4F.Effective supervision
- 5A.Introduction
- 5B.Legal status
- 5C.Location of offices
- 5D.Business to be conducted in a prudent manner
- 5E.Suitability
- 5F.Effective supervision
- 6A.(1) In relation to an EEA firm qualifying for authorisation.
- 7A.(1) In relation to a person who qualifies for authorisation.
- Authorisation under Schedule 3
- .Authorisation
- 8.(1) If this paragraph applies to the person concerned, he.
- 9.The Treasury may by order— (a) vary or remove any.
- Additional power
- 1.(1) If it appears to the FCA that an FCA-authorised.
- 2.(1) The FCA may exercise its power under paragraph 1.
- 3.(1) Where the FCA decides to vary or cancel an.
- 4.(1) This paragraph applies where the FCA decides to vary.
- 5.(1) This paragraph applies where the FCA receives an application.
- 6.(1) Where the FCA— (a) varies or cancels an authorised.
- 7.(1) This paragraph applies where the FCA—
- 8.(1) Nothing in this Schedule affects the generality of any.
- 1.Introductory
- 2.Derivatives
- 3.Holding positions in commodity derivatives.
- 4.Short selling
- 5.Securitisation
- 6.Selling a securitisation position to a retail client located in.
- 7.Financial markets
- 8.Applying for, securing or maintaining the admission of securities to.
- 9.Using a benchmark
- 10.Determining the amount payable under an instrument or financial contract.
- 11.Measuring the performance of an investment fund through a benchmark.
- 12.Contributing to a benchmark
- 13.Contributing data to a regulated benchmark administrator for the purpose.
- The Authority as Competent Authority for Part VI
- General
- 1.. . . . . . . . . .
- 2.. . . . . . . . . .
- 3.. . . . . . . . . .
- 4.. . . . . . . . . .
- 5.. . . . . . . . . .
- 6.. . . . . . . . . .
- 7.. . . . . . . . . .
- 8.. . . . . . . . . .
- Transfer of functions under Part VI
- The power to transfer
- 1.. . . . . . . . . .
- 2.. . . . . . . . . .
- 3.. . . . . . . . . .
- General application of Part VI
- 1.The provisions of Part VI apply in relation to a.
- 2.(1) Any reference to listing particulars is to be read.
- 3.(1) In section 80(1), for “section 79” substitute “ section.
- 4.In section 81(1), for “section 79 and before the commencement.
- 5.(1) In paragraphs 1(3) and 2(3) of Schedule 10, for.
- 6.In section 98(1), for “If listing particulars are, or are.
- 7.Listing rules made under section 99 may require the payment.
- Statements believed to be true
- 1.(1) In this paragraph “statement” means— (a) any untrue or.
- 2.(1) In this paragraph “statement” means a statement included in.
- 3.(1) In this paragraph “statement” has the same meaning as.
- 4.(1) In this paragraph “statement” has the same meaning as.
- 5.A person does not incur any liability under section 90(1).
- 6.A person does not incur any liability under section 90(1).
- 7.A person does not incur any liability under section 90(4).
- 8.“Expert” includes any engineer, valuer, accountant or other person whose.
- PART 1 SCOPE OF THIS SCHEDULE
- 1.Securities to which this Schedule applies
- 2.Published information to which this Schedule applies
- 3.Liability of issuer for misleading statement or dishonest omission
- 4.An issuer of securities to which this Schedule applies is.
- 5.Liability of issuer for dishonest delay in publishing information
- 6.Meaning of dishonesty
- 7.Exclusion of certain other liabilities
- 8.Interpretation
- The general rule
- 1.(1) A person offers securities to the public in the.
- 2.(1) For the purposes of this Schedule, an offer of.
- 3.The securities are offered to persons— (a) whose ordinary activities.
- 4.(1) The securities are offered to no more than fifty.
- 5.The securities are offered to the members of a club.
- 6.(1) The securities are offered to a restricted circle of.
- 7.The securities are offered in connection with a genuine invitation.
- 8.(1) The securities are offered to a public authority.
- 9.(1) The total consideration payable for the securities cannot exceed.
- 10.(1) The minimum consideration which may be paid by any.
- 11.(1) The securities are denominated in amounts of at least.
- 12.(1) The securities are offered in connection with a takeover.
- 13.The securities are offered in connection with a merger (within.
- 14.(1) The securities are shares and are offered free of.
- 15.The securities— (a) are shares, or investments of a specified.
- 16.(1) The securities are issued by a body corporate and.
- 17.(1) The securities result from the conversion of convertible securities.
- 18.The securities are issued by— (a) a charity within the.
- 19.The securities offered are shares which are issued by, or.
- 20.(1) The securities offered are Euro-securities and no advertisement relating.
- 21.The securities are of the same class, and were issued.
- 22.The securities are investments of a specified kind with a.
- 23.(1) The securities are investments of a specified kind creating.
- 24.The securities are not transferable.
- 24A.Units in a collective investment scheme
- 25.For the purposes of this Schedule— “shares” has such meaning.
- PART 1
- 1.Units (within the meaning in section 237(2)) in an open-ended.
- 2.Non-equity transferable securities issued by (a) the government of an.
- 3.Shares in the share capital of the central bank of.
- 4.Transferable securities unconditionally and irrevocably guaranteed by the government, or.
- 5.(1) Non-equity transferable securities, issued in a continuous or repeated.
- 6.Non-fungible shares of capital— (a) the main purpose of which.
- 7.(1) Transferable securities issued by a body specified in sub-paragraph.
- 8.(1) Non-equity transferable securities, issued in a continuous or repeated.
- 9.(1) Transferable securities included in an offer where the total.
- PART 1 MEANING OF “CONNECTED PERSON”
- 1.Introduction
- 2.Meaning of “connected person”
- 3.Family members
- 4.Associated bodies corporate
- 5.Control of a body corporate
- 6.Supplementary provisions
- 7.Introduction
- 8.General provisions
- 9.Rights to acquire shares
- 10.Right to exercise or control exercise of rights
- 11.Bodies corporate
- 12.Trusts
- Part I Insurance Business Transfer Schemes
- 1.For the purposes of section 111(2) the appropriate certificate, in.
- Certificates as to margin of solvency
- 2.(1) A certificate under this paragraph is to be given—.
- 3.A certificate under this paragraph is one given by the.
- 3A.A certificate under this paragraph is one given by the.
- 4.A certificate under this paragraph is one given by the.
- 5.A certificate under this paragraph is one given by the.
- 5A.(1) The certificates under this paragraph are to be given—.
- 6.(1) “ State of the commitment ”, in relation to.
- 7.For the purposes of section 111(2) the appropriate certificate, in.
- Certificates as to financial resources
- 8.(1) A certificate under this paragraph is one given by.
- 9.A certificate under this paragraph is one given by the.
- 9A.Certificate as to financial resources
- 9B.Appropriate certificates
- 9C.Certificate as to financial resources
- 9D.Certificate as to consent of home state regulator
- 10.(1) This paragraph applies to a proposal to execute under.
- Part I General
- Interpretation
- 1.In this Schedule— “panel of chairmen” means the panel established.
- President
- 2.(1) The Lord Chancellor must appoint one of the members.
- 3.(1) The Lord Chancellor must appoint a panel of persons.
- 4.(1) Subject to the provisions of this Schedule, each member.
- 5.The Lord Chancellor may pay to any person, in respect.
- 6.(1) The Lord Chancellor may appoint such staff for the.
- 7.(1) On a reference to the Tribunal, the persons to.
- 8.For the purpose of dealing with references, or any matter.
- 9.Rules made by the Lord Chancellor under section 132 may.
- Practice directions
- 10.The President of the Tribunal may give directions as to.
- 11.(1) The Tribunal may by summons require any person to.
- 12.(1) A decision of the Tribunal may be taken by.
- 13.(1) If the Tribunal considers that a party to any.
- Provision of information by Treasury
- 1.Role of the Competition Commission
- 2.Role of the Competition Commission
- 3.Role of the Competition Commission
- 4.Role of the Competition Commission
- Part I Rules for Specific Bodies
- Corporate bodies
- 1.If the authorised person (“BC”) is a body corporate, a.
- 2.If the authorised person (“PP”) is a partnership, a person.
- 3.If the authorised person (“UA”) is an unincorporated association of.
- 4.(1) If the authorised person (“FS”) is a friendly society.
- 5.(1) If the authorised person (“BS”) is a building society.
- 6.If the authorised person (“IP”) is an individual, a person.
- 7.For the purposes of sections 171 and 172, if the.
- 8.A person who is, or at the relevant time was.
- Preliminary
- 1.In this Schedule— “appeal period” has the same meaning as.
- 2.(1) This paragraph applies if the OFT proposes, in relation.
- 3.(1) This paragraph applies if the OFT proposes to refuse.
- 4.(1) If this paragraph applies to an invitation to submit.
- 5.Section 41 of the Consumer Credit Act 1974 (appeals to.
- Part I General
- Interpretation
- 1.In this Schedule— “ ADR Directive” means Directive 2013/11/ EU.
- Duty of FCA