Law

Financial Services and Markets Act 2000

United Kingdom · statute

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In force since 2026-07-15, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 1,176 provisions
  1. Title and introductory text
  2. 1A The Financial Conduct Authority
  3. 1B The FCA's general duties
  4. 1C The consumer protection objective
  5. 1D The integrity objective
  6. 1E The competition objective
  7. 1EB Competitiveness and growth objective
  8. 1F Meaning of “relevant markets” in strategic objective
  9. 1G Meaning of “consumer”
  10. 1H Further interpretative provisions for sections 1B to 1G
  11. 1I Meaning of “the UK financial system”
  12. 1IA Modifications applying if core activity not regulated by PRA
  13. 1J Power to amend objectives
  14. 1JA Recommendations by Treasury in connection with general duties
  15. 1K Guidance about objectives
  16. 1L Supervision, monitoring and enforcement
  17. 1M The FCA's general duty to consult
  18. 1MA Composition of Panels
  19. 1N The FCA Practitioner Panel
  20. 1O The Smaller Business Practitioner Panel
  21. 1P The Markets Practitioner Panel
  22. 1Q The Consumer Panel
  23. 1QA The Listing Authority Advisory Panel
  24. 1R Duty to consider representations made by the Panels
  25. 1RA Statement of policy on panel appointments
  26. 1RB Requirements in connection with public consultations
  27. 1S Reviews
  28. 1T Right to obtain documents and information
  29. 2A The Prudential Regulation Authority
  30. 2AB Functions of the PRA
  31. 2B The PRA's general objective
  32. 2C Insurance objective
  33. 2D Power to provide for additional objectives
  34. 2E Strategy
  35. 2F Interpretation of references to objectives
  36. 2G Limit on effect of sections 2B to 2D
  37. 2H Secondary objectives and duty to have regard to regulatory principles
  38. 2I Guidance about objectives
  39. 2J Interpretation of Chapter 2
  40. 2K Arrangements for supervision of PRA-authorised persons
  41. 2L The PRA's general duty to consult
  42. 2LA Composition of Panels
  43. 2M The PRA Practitioner Panel
  44. 2MA The Insurance Practitioner Panel
  45. 2N Duty to consider representations
  46. 2NA Statement of policy on panel appointments
  47. 2NB Requirements in connection with public consultations
  48. 2O Reviews
  49. 2P Right to obtain documents and information
  50. 3A Meaning of “regulator”
  51. 3B Regulatory principles to be applied by both regulators
  52. 3C Duty to follow principles of good governance
  53. 3D Duty of FCA and PRA to ensure co-ordinated exercise of functions
  54. 3E Memorandum of understanding
  55. 3F With-profits insurance policies
  56. 3G Power to establish boundary between FCA and PRA responsibilities
  57. 3H Parliamentary control of orders under section 3G
  58. 3I Power of PRA to require FCA to refrain from specified action
  59. 3J Power of PRA in relation to with-profits policies
  60. 3K Revocation of directions under section 3I or 3J
  61. 3L Further provisions about directions under section 3I or 3J
  62. 3M Directions relating to consolidated supervision of groups
  63. 3N Revocation of directions under section 3M
  64. 3O Further provisions about directions under section 3M
  65. 3P Consultation by regulator complying with direction
  66. 3Q Co-operation by FCA ... with Bank of England
  67. 3R Arrangements for provision of services
  68. 3RA Duty of FCA and PRA to review rules
  69. 3RB Statement of policy relating to review of rules
  70. 3RC Requirement to review specified rules
  71. 3RD Report on certain reviews
  72. 3RE Power of Treasury to require making of rules by regulations
  73. 3S The consumer financial education body
  74. 3T Interpretation
  75. 19 The general prohibition.
  76. 20 Authorised persons acting without permission.
  77. 21 Restrictions on financial promotion.
  78. 22 Regulated activities
  79. 22A Designation of activities requiring prudential regulation by PRA
  80. 22B Parliamentary control in relation to certain orders under section 22A
  81. 23 Contravention of the general prohibition or section 20(1) or (1A).
  82. 23A Parliamentary control in relation to certain orders under section 23
  83. 24 False claims to be authorised or exempt.
  84. 25 Contravention of section 21.
  85. 26 Agreements made by unauthorised persons.
  86. 26A Agreements relating to credit
  87. 27 Agreements made through unauthorised persons.
  88. 28 Agreements made unenforceable by section 26 or 27: general cases.
  89. 28A Credit-related agreements made unenforceable by section 26, 26A or 27
  90. 28B Decisions under section 28A: procedure
  91. 29 Accepting deposits in breach of general prohibition.
  92. 30 Enforceability of agreements resulting from unlawful communications.
  93. 31 Authorised persons.
  94. 32 Partnerships and unincorporated associations.
  95. 33 Withdrawal of authorisation ....
  96. 34 EEA firms.
  97. 35 Treaty firms.
  98. 36 Authorised open-ended investment companies
  99. 37 Exercise of EEA rights by UK firms.
  100. 38 Exemption orders.
  101. 39 Exemption of appointed representatives.
  102. 39A Certain tied agents operating outside United Kingdom
  103. 55A Application for permission
  104. 55B The threshold conditions
  105. 55C Power to amend Schedule 6
  106. 55D Firms based outside the United Kingdom
  107. 55E Giving permission: the FCA
  108. 55F Giving permission: the PRA
  109. 55G Giving permission: special cases
  110. 55H Variation by FCA at request of authorised person
  111. 55I Variation by PRA at request of authorised person
  112. 55J Variation or cancellation on initiative of regulator
  113. 55JA Variation or cancellation on initiative of FCA: additional power
  114. 55K Investment firms: particular conditions that enable cancellation
  115. 55KA Insurance undertakings, reinsurance undertakings and third-country insurance undertakings: particular conditions that enable cancellation
  116. 55L Imposition of requirements by FCA
  117. 55M Imposition of requirements by PRA
  118. 55N Requirements under section 55L or 55M: further provisions
  119. 55NA General requirement relating to financial promotion approval
  120. 55NB Section 55NA: power to provide for exemptions
  121. 55O Imposition of requirements on acquisition of control
  122. 55P Prohibitions and restrictions
  123. 55PA Assets requirements imposed on insurance undertakings or reinsurance undertakings
  124. 55PB Requirements relating to general meetings
  125. 55Q Exercise of power in support of overseas regulator
  126. 55R Persons connected with an applicant
  127. 55S Duty of FCA or PRA to consider other permissions
  128. 55T Persons whose interests are protected
  129. 55U Applications under this Part
  130. 55V Determination of applications
  131. 55W Applications under this Part: communications between regulators
  132. 55X Determination of applications: warning notices and decision notices
  133. 55XA Applications relating to administering a benchmark
  134. 55Y Exercise of own-initiative power: procedure
  135. 55Z Cancellation of Part 4A permission or permission under section 55NA: procedure
  136. 55Z1 Notification of ESMA
  137. 55Z2 Notification of EBA
  138. 55Z2A Notification of the European bodies
  139. 55Z3 Right to refer matters to the Tribunal
  140. 55Z4 Interpretation of Part 4A
  141. 56 Prohibition orders.
  142. 57 Prohibition orders: procedure and right to refer to Tribunal.
  143. 58 Applications relating to prohibitions: procedure and right to refer to Tribunal.
  144. 59 Approval for particular arrangements.
  145. 59ZA Senior management functions
  146. 59ZB Designated senior management functions
  147. 59A Specifying functions as controlled functions: supplementary
  148. 59AB Specifying functions as controlled functions: transitional provision
  149. 59B Role of FCA in relation to PRA decisions
  150. 60 Applications for approval.
  151. 60A Vetting of candidates by ... authorised persons
  152. 61 Determination of applications.
  153. 62 Applications for approval: procedure and right to refer to Tribunal.
  154. 62A Changes in responsibilities of senior managers
  155. 63 Withdrawal of approval.
  156. 63ZA Variation of senior manager's approval at request of ... authorised person
  157. 63ZB Variation of senior manager's approval on initiative of regulator
  158. 63ZC Exercise of power under section 63ZB: procedure
  159. 63ZD Statement of policy relating to conditional approval and variation
  160. 63ZE Statement of policy: procedure
  161. 63A Power to impose penalties
  162. 63B Procedure and right to refer to Tribunal
  163. 63C Statement of policy
  164. 63D Statement of policy: procedure
  165. 63E Certification of employees by ... authorised persons
  166. 63F Issuing of certificates
  167. 64 Conduct: statements and codes.
  168. 65 Statements and codes: procedure.
  169. 64A Rules of conduct
  170. 64B Rules of conduct: responsibilities of ... authorised persons
  171. 64C Requirement for ... authorised persons to notify regulator of disciplinary action
  172. 66 Disciplinary powers.
  173. 66A Misconduct: action by the FCA
  174. 66B Misconduct: action by the PRA
  175. 67 Disciplinary measures: procedure and right to refer to Tribunal.
  176. 68 Publication.
  177. 69 Statement of policy.
  178. 70 Statements of policy: procedure.
  179. 71 Actions for damages.
  180. 71A Meaning of “relevant authorised person”
  181. 71B Removal of directors and senior executives
  182. 71C Temporary manager
  183. 71D Sections 71B and 71C: conditions
  184. 71E Temporary manager: further provisions in relation to the appointment
  185. 71F Temporary manager: instrument of appointment
  186. 71G Right to refer matters to the Tribunal
  187. 71H Removal of directors and senior executives and appointment of temporary manager: procedure
  188. 71I Sections 71B to 71H: interpretation
  189. 71K Designated activities
  190. 71L Restrictions on carrying on of designated activities
  191. 71M Designated activity regulations: general
  192. 71N Designated activities: rules
  193. 71O Designated activities: directions
  194. 71P Designated activities: liability
  195. 71Q Designated activities: enforcement
  196. 71R Designated activities and rules: connected amendments
  197. 71S Designated activities regulations: Parliamentary control
  198. 71T Meaning of “relevant designated activity” and “relevant Part 5A requirement”
  199. 71U Meaning of “relevant Part 5A direction” for purposes of this Chapter
  200. 71V Procedure for giving, varying or revoking relevant Part 5A direction
  201. 71W Application for variation or revocation of relevant Part 5A direction
  202. 71X Determination of application under section 71W
  203. 71Y Relevant Part 5A direction: right to refer to Tribunal
  204. 72 The competent authority.
  205. 73 General duty of the competent authority.
  206. 73A Part 6 Rules
  207. 74 The official list.
  208. 75 Applications for listing.
  209. 76 Decision on application.
  210. 77 Discontinuance and suspension of listing.
  211. 78 Discontinuance or suspension: procedure.
  212. 78A Discontinuance or suspension at the request of the issuer: procedure
  213. 79 Listing particulars and other documents.
  214. 80 General duty of disclosure in listing particulars.
  215. 81 Supplementary listing particulars.
  216. 82 Exemptions from disclosure.
  217. 83 Registration of listing particulars.
  218. 84 Matters which may be dealt with by prospectus rules
  219. 85 Contravention of prohibition relating to public offer of securities
  220. 86 Exempt offers to the public and admissions to trading
  221. 87 Election to have prospectus
  222. 87A Criteria for approval of prospectus by FCA
  223. 87B Exemptions from disclosure
  224. 87C Consideration of application for approval
  225. 87D Procedure for decision to refuse an application for approval
  226. 87E Transfer by FCA of application for approval
  227. 87F Transfer to FCA of application for approval
  228. 87FA Final terms
  229. 87FB Communication of final terms by FCA
  230. 87G Supplementary prospectus
  231. 87H Prospectus approved in another EEA State
  232. 87I Provision of information to host Member State
  233. 87J Requirements imposed as condition of approval
  234. 87JA Power to suspend scrutiny of prospectus
  235. 87JB Power to refuse approval of a prospectus
  236. 87K Power to suspend , restrict or prohibit offer to the public
  237. 87L Power to suspend , restrict or prohibit admission to trading on a regulated market
  238. 87LA Power of FCA to suspend or prohibit trading on a trading facility
  239. 87M Public censure of issuer
  240. 87N Right to refer matters to the Tribunal
  241. 87O Procedure under sections 87JA, 87K, 87L and 87LA
  242. 87P Exercise of powers at request of competent authority of another EEA State
  243. 87Q Right of investor to withdraw
  244. 87R Register of investors
  245. 88 Sponsors.
  246. 89 Public censure of sponsor.
  247. 88A Disciplinary powers: contravention of s.88(3)(c) or (e)
  248. 88B Action under s.88A: procedure and right to refer to Tribunal
  249. 88C Action under s.88A: statement of policy
  250. 88D Statement of policy under s.88C: procedure
  251. 88E Powers exercisable to advance operational objectives
  252. 88F Action under s.88E: procedure
  253. 89A Transparency rules
  254. 89B Provision of voteholder information
  255. 89C Provision of information by issuers of transferable securities
  256. 89D Notification of voting rights held by issuer
  257. 89E Notification of proposed amendment of issuer's constitution
  258. 89F Transparency rules: interpretation etc
  259. 89G Transparency rules: other supplementary provisions
  260. 89H FCA's power to call for information
  261. 89I Requirements in connection with call for information
  262. 89J Power to call for information: supplementary provisions
  263. 89K Public censure of issuer
  264. 89L Power to suspend or prohibit trading of securities
  265. 89M Procedure under section 89L
  266. 89N Right to refer matters to the Tribunal
  267. 89NA Voting rights suspension orders
  268. 89O Corporate governance rules
  269. 89P Primary information providers
  270. 89Q Disciplinary powers: contravention of s.89P(4)(b) or (d)
  271. 89R Action under s.89Q: procedure and right to refer to Tribunal
  272. 89S Action under s.89Q: statement of policy
  273. 89T Statement of policy under s.89S: procedure
  274. 89U Powers exercisable to advance operational objectives
  275. 89V Action under s.89U: procedure
  276. 89W Storage of regulated information
  277. 90 Compensation for statements in listing particulars ...
  278. 90ZA Liability for key investor information
  279. 90A Liability of issuers in connection with published information
  280. 90B Power to make further provision about liability for published information
  281. 91 Penalties for breach of Part 6 rules
  282. 92 Procedure.
  283. 93 Statement of policy.
  284. 94 Statements of policy: procedure.
  285. 95 Competition scrutiny.
  286. 96 Obligations of issuers of listed securities.
  287. 96A Disclosure of information requirements
  288. 96B Disclosure rules: persons responsible for compliance
  289. 96C Suspension of trading
  290. 97 Appointment by FCA of persons to carry out investigations.
  291. 97A Reporting of infringements
  292. 98 Advertisements etc. in connection with listing applications.
  293. 99 Fees.
  294. 100 Penalties.
  295. 100A Exercise of powers where UK is host member state
  296. 101 Listing rules: general provisions.
  297. 102 Exemption from liability in damages.
  298. 102A Meaning of “securities” etc.
  299. 102B Meaning of “offer of transferable securities to the public” etc.
  300. 102C Meaning of “home State” in relation to transferable securities
  301. 103 Interpretation of this Part
  302. 103A Meaning of “the appropriate regulator”
  303. 104 Control of business transfers.
  304. 105 Insurance business transfer schemes.
  305. 106 Banking business transfer schemes.
  306. 106A Reclaim fund business transfer scheme
  307. 106B Ring-fencing transfer scheme
  308. 107 Application for order sanctioning transfer scheme.
  309. 108 Requirements on applicants.
  310. 109 Scheme reports: insurance business transfer schemes
  311. 109A Scheme reports: ring-fencing transfer schemes
  312. 110 Right to participate in proceedings.
  313. 111 Sanction of the court for business transfer schemes.
  314. 112 Effect of order sanctioning business transfer scheme.
  315. 112ZA Duty of regulator to provide copy of order
  316. 112A Rights to terminate etc.
  317. 113 Appointment of actuary in relation to reduction of benefits.
  318. 114 Rights of certain policyholders.
  319. 114A Notice of transfer of reinsurance contracts
  320. 115 Certificates for purposes of insurance business transfers overseas.
  321. 116 Effect of insurance business transfers authorised in other EEA States.
  322. 117 Power to modify this Part.
  323. 117A Pension schemes to which this Part applies
  324. 117B Unilateral changes
  325. 117C Effect of transfer of pension pot on membership of scheme etc
  326. 117D Best interests test
  327. 117E Certification by independent person
  328. 117F Unilateral change notice
  329. 117G Further duties to make FCA general rules
  330. 117H Treasury regulations
  331. 117I Interpretation of Part
  332. 118 Market abuse.
  333. 118A Supplementary provision about certain behaviour
  334. 118B Insiders
  335. 118C Inside information
  336. 119 The code.
  337. 120 Provisions included in the FCA's code by reference to the City Code.
  338. 121 Codes: procedure.
  339. 122 Effect of the code.
  340. 122A Power to require information from issuers
  341. 122B General power to require information
  342. 122C Power to require information: supplementary
  343. 122D Entry of premises under warrant
  344. 122E Retention of documents taken under section 122D
  345. 122F Offences
  346. 122G Publication of information and corrective statements by issuers
  347. 122H Publication of corrective statements generally
  348. 122HA Publication of corrective statements relating to benchmarks
  349. 122I Power to suspend trading in financial instruments
  350. 122IA Power to suspend auctioning of auctioned products on a recognised auction platform
  351. 123 Power to impose penalties or issue censure
  352. 123A Power to prohibit individuals from managing or dealing
  353. 123B Suspending permission to carry on regulated activities etc
  354. 123C Exercise of administrative sanctions
  355. 124 Statement of policy.
  356. 125 Statement of policy: procedure.
  357. 126 Warning notices.
  358. 127 Decision notices and right to refer to Tribunal.
  359. 127A Consultation with the PRA in relation to administrative sanctions
  360. 128 Suspension of investigations.
  361. 129 Power of court to impose administrative sanctions in cases of market abuse
  362. 130 Guidance.
  363. 130A Interpretation and supplementary provision
  364. 131 Effect on transactions.
  365. 131A Protected Disclosures
  366. 131AA Reporting of infringements
  367. 131AB Interpretation
  368. 131AC Meaning of “persons closely associated” in the market abuse regulation
  369. 131AD Individual liability in respect of legal persons under Articles 8 and 12 of the market abuse regulation
  370. 131AE Liability for contraventions of Article 14 or 15 of the market abuse regulation
  371. 131M Overview
  372. 131N Cash access services and coordination arrangements
  373. 131O Current accounts and relevant current account providers
  374. 131P Cash access policy statement
  375. 131Q Provision of reports to assist the Treasury
  376. 131R Designation
  377. 131S Designation criteria
  378. 131T Cancellation or variation of a designation notice
  379. 131U Purpose for which FCA must exercise functions under this Part
  380. 131V FCA rules
  381. 131W Power to direct designated persons
  382. 131X Procedure for directions
  383. 131Y Information gathering and investigations
  384. 131Z Disciplinary measures
  385. 131Z1 Costs of supervision
  386. 131Z2 Exclusion and modification of other FCA duties
  387. 132 The Financial Services and Markets Tribunal.
  388. 133 Proceedings before Tribunal: general provision
  389. 133A Proceedings before Tribunal: decision and supervisory notices, etc.
  390. 133B Offences
  391. 134 Legal assistance scheme.
  392. 135 Provisions of the legal assistance scheme.
  393. 136 Funding of the legal assistance scheme.
  394. 137 Appeal on a point of law.
  395. 137A The FCA's general rules
  396. 137AA The FCA's general rules: Gibraltar
  397. 137B FCA general rules: clients' money, right to rescind etc.
  398. 137C FCA general rules: cost of credit and duration of credit agreements
  399. 137D FCA general rules: product intervention
  400. 137E Orders under s.137D(1)(b)
  401. 137F Rules requiring participation in benchmark
  402. 137FA FCA general rules: disclosure of information about pension scheme transaction costs etc
  403. 137FAA FCA general rules: pensions dashboards
  404. 137FAB Pensions dashboards: further provision
  405. 137FAC Sections 137FAA and 137FAB: supplementary
  406. 137FB FCA general rules: disclosure of information about the availability of pensions guidance
  407. 137FBA FCA general rules: advice about transferring or otherwise dealing with annuity payments
  408. 137FBB FCA general rules: early exit pension charges
  409. 137FBC FCA general rules: regulation of consolidator pension schemes
  410. 137FC FCA rules: disclosure of information about the availability of financial guidance
  411. 137FD FCA general rules: charges for claims management services
  412. 137G The PRA's general rules
  413. 137GA The PRA's general rules: Gibraltar
  414. 137H General rules about remuneration
  415. 137I Remuneration policies: Treasury direction to consider compliance
  416. 137J Rules about recovery plans: duty to consult
  417. 137K Rules about resolution packs: duty to consult
  418. 137L Interpretation of sections 137J and 137K
  419. 137M Special provision relating to adequacy of resolution plans
  420. 137N Recovery plans and resolution packs: restriction on duty of confidence
  421. 137O Threshold condition code
  422. 137P Control of information rules
  423. 137Q Price stabilising rules
  424. 137R Financial promotion rules
  425. 137S Financial promotion rules: directions given by FCA
  426. 137SA Rules to recover expenses relating to the Money and Pensions Service
  427. 137SB Rules to recover debt advice expenses incurred by the devolved authorities
  428. 137T General supplementary powers
  429. 138A Modification or waiver of rules
  430. 138B Publication of directions under section 138A
  431. 138BA Disapplication or modification of rules in individual cases
  432. 138C Evidential provisions
  433. 138D Actions for damages
  434. 138E Limits on effect of contravening rules
  435. 138EA Matters to consider when making rules
  436. 138F Notification of rules
  437. 138G Rule-making instruments
  438. 138H Verification of rules
  439. 138I Consultation by the FCA
  440. 138IA FCA Cost Benefit Analysis Panel
  441. 138IB Statement of policy in relation to cost benefit analyses
  442. 138J Consultation by the PRA
  443. 138JA PRA Cost Benefit Analysis Panel
  444. 138JB Statement of policy in relation to cost benefit analyses
  445. 138K Consultation: mutual societies
  446. 138L Consultation: general exemptions
  447. 138M Consultation: exemptions for temporary product intervention rules
  448. 138N Temporary product intervention rules: statement of policy
  449. 138O Statement of policy under section 138N: procedure
  450. 138P Technical standards
  451. 138Q Standards instruments
  452. 138R Treasury approval
  453. 138S Application of Chapters 1 and 2
  454. 139A Power of the FCA to give guidance
  455. 139B Notification of FCA guidance to the Treasury
  456. 140A Interpretation
  457. 140B Advice about effect of regulating provision or practice
  458. 140C Consultation with regulator
  459. 140D Investigation powers of CMA
  460. 140E Publication by CMA of section 140B advice
  461. 140F Duty of CMA to send report to regulator
  462. 140G Duty of regulator to publish response
  463. 140H Role of the Treasury
  464. 141A Power to make consequential amendments of references to rules etc.
  465. 141B Power to consequentially amend enactments
  466. 142A “Ring-fenced body”
  467. 142B Core activities
  468. 142C Core services
  469. 142D Excluded activities
  470. 142E Power of Treasury to impose prohibitions
  471. 142F Orders under section 142A, 142B, 142D or 142E
  472. 142G Ring-fenced bodies not to carry on excluded activities or contravene prohibitions
  473. 142H Ring-fencing rules
  474. 142I Powers of Treasury in relation to ring-fencing rules
  475. 142J Review of ring-fencing rules etc
  476. 142K Cases in which group restructuring powers become exercisable
  477. 142L Group restructuring powers
  478. 142M Procedure: preliminary notices
  479. 142N Procedure: warning notice and decision notice
  480. 142O References to Tribunal
  481. 142P Subsequent variation of requirement or direction
  482. 142Q Consultation etc. between regulators
  483. 142R Relationship with regulators' powers under Parts 4A and 12A
  484. 142S Power to impose penalty or issue censure
  485. 142T Procedure and right to refer to Tribunal
  486. 142U Duty on publication of statement
  487. 142V Imposition of penalties under section 142S: statement of policy
  488. 142W Pension liabilities
  489. 142X Further interpretative provisions for section 142W
  490. 142Y Power of Treasury in relation to loss-absorbency requirements
  491. 142Z Affirmative procedure in relation to certain orders under Part 9B
  492. 142Z1 Interpretation of Part 9B
  493. 143A FCA investment firms
  494. 143B Other terms used in this Part
  495. 143C Duty to make rules applying to FCA investment firms
  496. 143D Duty to make rules applying to parent undertakings
  497. 143E Powers to make rules applying to parent undertakings
  498. 143F Part 9C rules
  499. 143G Matters to consider when making Part 9C rules
  500. 143H Explanation to accompany consultation on rules
  501. 143I Exceptions from sections 143G and 143H
  502. 143J Requirement to have UK parent undertaking
  503. 143K Imposition of requirements on non-authorised parent undertakings
  504. 143L Applications under section 143K
  505. 143M Determination of applications under section 143K
  506. 143N Refusal of applications under section 143K
  507. 143O Exercise of own-initiative power under section 143K
  508. 143P Right to refer matters to the Tribunal
  509. 143Q Assets requirements
  510. 143R Managers of non-authorised parent undertakings
  511. 143S Part 9C prohibition orders
  512. 143T Procedure for making a Part 9C prohibition order
  513. 143U Varying and withdrawing a Part 9C prohibition order
  514. 143V Offence of breaching a Part 9C prohibition order
  515. 143W Disciplinary measures
  516. 143X Procedure for disciplinary measures
  517. 143Y Statement of policy for penalties under section 143W
  518. 143Z Procedure for statement of policy
  519. 144A CRR rules
  520. 144B Terms used in this Part
  521. 144C Matters to consider when making CRR rules
  522. 144D Explanation to accompany consultation on CRR rules
  523. 144E Exceptions from sections 144C and 144D etc
  524. 144F Power to consequentially amend enactments
  525. 144G Disapplication or modification of CRR rules in individual cases
  526. 144H Relationship with the capital requirements regulation
  527. 165 Regulators power to require information : authorised persons etc.
  528. 165A PRA's power to require information: financial stability
  529. 165B Safeguards etc in relation to exercise of power under section 165A
  530. 165C Orders under section 165A(2)(d)
  531. 166 Reports by skilled persons.
  532. 166A Appointment of skilled person to collect and update information
  533. 167 Appointment of persons to carry out general investigations.
  534. 168 Appointment of persons to carry out investigations in particular cases.
  535. 169 Investigations etc. in support of overseas regulator.
  536. 169A Support of overseas regulator with respect to financial stability
  537. 170 Investigations: general.
  538. 171 Powers of persons appointed under section 167.
  539. 172 Additional power of persons appointed as a result of section 168(1) , (4) or (4B).
  540. 173 Powers of persons appointed as a result of section 168(2).
  541. 174 Admissibility of statements made to investigators.
  542. 175 Information and documents: supplemental provisions.
  543. 176 Entry of premises under warrant.
  544. 176A Retention of documents taken under section 176
  545. 177 Offences.
  546. 177A Interpretation of Part 11
  547. 178 Obligation to notify the appropriate regulator: acquisitions of control
  548. 179 Requirements for section 178 notices
  549. 180 Acknowledgment of receipt
  550. 181 Acquiring control
  551. 182 Increasing control
  552. 183 Reducing or ceasing to have control
  553. 184 Disregarded holdings
  554. 185 Assessment: general
  555. 186 Assessment criteria
  556. 187 Approval with conditions
  557. 187A Assessment: consultation by PRA with FCA
  558. 187B Assessment: consultation by FCA with PRA
  559. 187C Variation etc of conditions
  560. 188 Assessment: consultation with EC competent authorities
  561. 189 Assessment: Procedure
  562. 190 Requests for further information
  563. 190A Assessment and resolution
  564. 191 Duration of approval
  565. 191A Objection by the appropriate regulator
  566. 191B Restriction notices
  567. 191C Orders for sale of shares
  568. 191D Obligation to notify the appropriate regulator: dispositions of control
  569. 191E Requirements for notices under section 191D
  570. 191F Offences under this Part
  571. 191G Interpretation
  572. 192 Power to change definitions of control etc.
  573. 192A Meaning of “qualifying authorised person”
  574. 192B Meaning of “qualifying parent undertaking”
  575. 192C Power to direct qualifying parent undertaking
  576. 192D Requirements that may be imposed
  577. 192E Direction: procedure
  578. 192F Consultation between regulators
  579. 192G References to Tribunal
  580. 192H Statement of policy: directions under section 192C
  581. 192I Statement of policy relating to directions: procedure
  582. 192J Rules requiring provision of information by parent undertakings
  583. 192JA Rules applying to parent undertakings of ring-fenced bodies
  584. 192JB Rules requiring parent undertakings to facilitate resolution
  585. 192K Power to impose penalty or issue censure
  586. 192L Procedure and right to refer to Tribunal
  587. 192M Duty on publication of statement
  588. 192N Imposition of penalties under section 192K: statement of policy
  589. 192O Interpretation
  590. 192P Requirement for approval
  591. 192Q Application for approval or exemption
  592. 192R Grant of approval
  593. 192S Regulator’s duty to monitor
  594. 192T Measures
  595. 192U Directions: procedure
  596. 192V Rules imposing consolidated or sub-consolidated requirements
  597. 192W Consultation between regulators
  598. 192X References to Tribunal
  599. 192XA Rules applying to holding companies
  600. 192XB Procedural provision
  601. 192XC Disapplication or modification of rules in individual cases
  602. 192Y Power to impose penalty or issue censure
  603. 192Z Procedure and right to refer to Tribunal
  604. 192Z1 Duty on publication of statement
  605. 192Z2 Directions and penalties: statement of policy
  606. 192Z3 Statement of policy relating to directions: procedure
  607. 193 Interpretation of this Part.
  608. 194 General grounds on which power of intervention is exercisable.
  609. 194A Contravention by relevant EEA firm with UK branch of requirement under markets in financial instruments directive: appropriate regulator primarily responsible for securing compliance
  610. 194B Contravention by relevant EEA firm of requirement in capital requirements directive or capital requirements regulation
  611. 194C Contravention by relevant EEA firm with UK branch of requirement in mortgages directive: appropriate regulator primarily responsible for securing compliance
  612. 194D Contravention by relevant EEA firm of requirement in insurance distribution directive: appropriate regulator primarily responsible for securing compliance
  613. 195 Exercise of power in support of overseas regulator.
  614. 195A Contravention by relevant EEA firm , EEAUCITS or EEAAIFM of directive requirements: home state regulator primarily responsible for securing compliance
  615. 195B Contravention by relevant EEA firm of requirement in mortgages directive: home state regulator primarily responsible for securing compliance
  616. 195C Contravention by relevant EEA firm of requirement in insurance distribution directive: home state regulator primarily responsible for securing compliance
  617. 196 The power of intervention.
  618. 197 Procedure on exercise of power of intervention.
  619. 198 Power to apply to court for injunction in respect of certain overseas insurance companies.
  620. 199 Additional procedure for EEA firms in certain cases.
  621. 199A Management companies: loss of authorisation
  622. 200 Rescission and variation of requirements.
  623. 201 Effect of certain requirements on other persons
  624. 202 Contravention of requirement imposed under this Part.
  625. 203 Power to prohibit the carrying on of Consumer Credit Act business.
  626. 204 Power to restrict the carrying on of Consumer Credit Act business.
  627. 204A Meaning of “relevant requirement” and “appropriate regulator”
  628. 205 Public censure.
  629. 206 Financial penalties.
  630. 206A Suspending permission to carry on regulated activities etc
  631. 206B Prohibition or restriction on carrying on of relevant designated activities
  632. 207 Proposal to take disciplinary measures.
  633. 208 Decision notice.
  634. 208A Applications under section 206B(4): procedure and right to refer to Tribunal
  635. 209 Publication.
  636. 210 Statements of policy.
  637. 211 Statements of policy: procedure.
  638. 212 The scheme manager.
  639. 213 The compensation scheme.
  640. 214 General.
  641. 214B Contribution to costs of special resolution regime
  642. 214C Limit on amount of special resolution regime payments
  643. 214D Contributions under section 214B: supplementary
  644. 214E Recapitalisation payments
  645. 214F Recapitalisation payment: report
  646. 214G Notification to Parliamentary Committees
  647. 214H Reimbursement in respect of a recapitalisation payment
  648. 215 Rights of the scheme in insolvency
  649. 215A Continuity etc. of funeral plan contracts
  650. 215B Scheme manager’s power to require assistance from liquidator etc. in relation to funeral plan contracts
  651. 216 Continuity of long-term insurance policies.
  652. 217 Insurers in financial difficulties.
  653. 217ZA Insurers subject to write-down orders
  654. 217ZB Recovery of financial assistance under section 217ZA
  655. 217A Co-operation
  656. 217B Annual plan
  657. 218 Annual report.
  658. 218ZA Audit of accounts
  659. 218A Regulators' power to require information
  660. 218B Treasury's power to require information from scheme manager
  661. 219 Scheme manager’s power to require information.
  662. 220 Scheme manager’s power to inspect information held by liquidator etc.
  663. 220A Power to inspect information held by write-down manager
  664. 221 Powers of court where information required.
  665. 221A Delegation of functions
  666. 222 Statutory immunity.
  667. 223 Management expenses.
  668. 223B Borrowing from National Loans Fund
  669. 223C Payments in error
  670. 224 Scheme manager’s power to inspect documents held by Official Receiver etc.
  671. 224ZA Discharge of functions
  672. 224A Functions under the Banking Act 2009
  673. 224B Meaning of “relevant scheme” etc
  674. 224C Power to require FSCS manager to act on behalf of manager of relevant scheme
  675. 224D Cases where FSCS manager may decline to act
  676. 224E Grounds for declining to act
  677. 224F Rules about relevant schemes
  678. 225 The scheme and the scheme operator.
  679. 226 Compulsory jurisdiction.
  680. 226A Consumer credit jurisdiction
  681. 227 Voluntary jurisdiction.
  682. 228 Determination under the compulsory jurisdiction.
  683. 229 Awards.
  684. 230 Costs.
  685. 230A Reports of determinations
  686. 231 Ombudsman’s power to require information.
  687. 232 Powers of court where information required.
  688. 232A Scheme operator's duty to provide information to FCA
  689. 233 Data protection.
  690. 234 Industry funding.
  691. 234A Funding by consumer credit licensees etc.
  692. 234B Transfers of liability
  693. 234C Complaints by consumer bodies
  694. 234D Reference by scheme operator or regulated person
  695. 234E Response by FCA
  696. 234F Section 234E: exceptions
  697. 234G Guidance
  698. 234H Power of FCA to make request to Competition and Markets Authority
  699. 234I The FCA's functions under Part 4 of the Enterprise Act 2002
  700. 234J The FCA's functions under the Competition Act 1998
  701. 234K Duty to consider exercise of powers under Competition Act 1998
  702. 234L Provision of information and assistance to a CMA group
  703. 234M Function of keeping market under review
  704. 234N Exclusion of general duties
  705. 234O Supplementary provision
  706. 235 Collective investment schemes.
  707. 235A Contractual schemes
  708. 236 Open-ended investment companies.
  709. 236A Meaning of “UCITS”
  710. 237 Other definitions.
  711. 238 Restrictions on promotion.
  712. 239 Single property schemes.
  713. 240 Restriction on approval of promotion.
  714. 241 Actions for damages.
  715. 241A Bearer units no longer to be issued
  716. 242 Applications for authorisation of unit trust schemes.
  717. 243 Authorisation orders : authorised unit trust schemes.
  718. 243A Authorisation orders: authorised money market funds
  719. 244 Determination of applications.
  720. 245 Procedure when refusing an application.
  721. 246 Certificates.
  722. 247 Trust scheme rules.
  723. 248 Scheme particulars rules.
  724. 249 Disciplinary measures
  725. 250 Modification or waiver of rules.
  726. 251 Alteration of schemes and changes of manager or trustee.
  727. 252 Procedure when refusing approval of a proposal under section 251.
  728. 252A Proposal to convert to a non-feeder UCITS
  729. 253 Avoidance of exclusion clauses.
  730. 254 Revocation of authorisation order otherwise than by consent.
  731. 255 Procedure.
  732. 256 Requests for revocation of authorisation order.
  733. 257 Directions.
  734. 258 Applications to the court.
  735. 258A Winding up or merger of master UCITS
  736. 259 Procedure on giving directions under section 257 or 258A and varying them on FCA's own initiative.
  737. 260 Procedure: refusal to revoke or vary direction.
  738. 261 Procedure: revocation of direction and grant of request for variation.
  739. 261A Information for home state regulator
  740. 261B Information for feeder UCITS
  741. 261C Applications for authorisation of contractual schemes
  742. 261D Authorisation orders : authorised contractual schemes
  743. 261E Authorised contractual schemes: holding of units
  744. 261EA Authorisation orders: authorised money market funds
  745. 261F Determination of applications
  746. 261G Procedure when refusing an application
  747. 261H Certificates
  748. 261I Contractual scheme rules
  749. 261J Contractual scheme particulars rules
  750. 261K Disciplinary measures
  751. 261L Modification or waiver of rules
  752. 261M Contracts
  753. 261N Effect of becoming or ceasing to be a participant
  754. 261O Limited liability
  755. 261P Segregated liability in relation to umbrella co-ownership schemes
  756. 261Q Alteration of contractual schemes and changes of operator or depositary
  757. 261R Procedure when refusing approval of a proposal under section 261Q
  758. 261S Proposal to convert to a non-feeder UCITS
  759. 261T Avoidance of exclusion clauses
  760. 261U Revocation of authorisation order otherwise than by consent
  761. 261V Procedure for revoking authorisation order
  762. 261W Requests for revocation of authorisation order
  763. 261X Directions
  764. 261Y Applications to the court
  765. 261Z Winding up or merger of master UCITS
  766. 261Z1 Procedure on giving directions under section 261X or 261Z and varying them on FCA’s own initiative
  767. 261Z2 Procedure: refusal to revoke or vary direction
  768. 261Z3 Procedure: revocation of direction and grant of request for variation
  769. 261Z4 Information for home state regulator
  770. 261Z5 Information for feeder UCITS
  771. 261Z6 Power to make provision about unauthorised co-ownership AIFs
  772. 262 Open-ended investment companies.
  773. 263 Amendment of section 716 Companies Act 1985.
  774. 264 Schemes constituted in other EEA States.
  775. 265 Representations and references to the Tribunal.
  776. 266 Disapplication of rules.
  777. 267 Power of FCA to suspend promotion of scheme.
  778. 268 Procedure on giving directions under section 267 and varying them on FCA's own initiative.
  779. 269 Procedure on application for variation or revocation of direction.
  780. 270 Schemes authorised in designated countries or territories.
  781. 271 Procedure.
  782. 271A Schemes authorised in approved countries
  783. 271B Approval of country: equivalent protection afforded to participants
  784. 271C Approval of country: regulatory co-operation
  785. 271D Report by the FCA in relation to approval
  786. 271E Power to impose requirements on schemes
  787. 271F Application for recognition to the FCA
  788. 271G Determination of applications
  789. 271H Procedure when determining an application
  790. 271I Obligations on operator of a section 271A scheme
  791. 271J Provision of information to the FCA
  792. 271K Rules as to scheme particulars
  793. 271L Suspension of recognition
  794. 271M Procedure when suspending recognition
  795. 271N Revocation of recognition on the FCA's initiative
  796. 271O Requests for revocation of recognition
  797. 271P Obligations on operator where recognition is revoked or suspended
  798. 271Q Effect of variation or revocation of Treasury regulations
  799. 271R Public censure
  800. 271S Recognition of parts of schemes under section 271A
  801. 272 Individually recognised overseas schemes.
  802. 273 Matters that may be taken into account.
  803. 274 Applications for recognition of individual schemes.
  804. 275 Determination of applications.
  805. 276 Procedure when refusing an application.
  806. 277 Alteration of schemes and changes of operator, trustee or depositary.
  807. 277A Regular provision of information relating to compliance with requirements for recognition
  808. 278 Rules as to scheme particulars.
  809. 279 Revocation of recognition.
  810. 280 Procedure.
  811. 281 Directions.
  812. 282 Procedure on giving directions under section 281 and varying them otherwise than as requested.
  813. 282A Obligations on operator where recognition is revoked or suspended
  814. 282B Public censure
  815. 282C Recognition of parts of schemes under section 272
  816. 283 Facilities and information in UK.
  817. 283A Master-feeder structures
  818. 283B Reports on derivative instruments
  819. 284 Power to investigate.
  820. 284A Transformer vehicles
  821. 285 Exemption for recognised bodies etc.
  822. 285A Powers exercisable in relation to recognised bodies etc
  823. 286 Qualification for recognition.
  824. 287 Application by an investment exchange.
  825. 287A Application by an investment exchange: persons connected with an applicant
  826. 288 Application by a clearing house.
  827. 288A Application by a central securities depository
  828. 289 Applications: supplementary.
  829. 290 Recognition orders.
  830. 290ZA Variation of central counterparty recognition order
  831. 290ZB Variation of CSD recognition order
  832. 290A Refusal of recognition on ground of excessive regulatory provision
  833. 291 Liability in relation to recognised body’s regulatory functions.
  834. 292 Overseas investment exchanges and overseas clearing houses.
  835. 292A Publication of information by recognised investment exchange
  836. 293 Notification requirements.
  837. 293A Information: compliance with specified requirements
  838. 294 Modification or waiver of rules.
  839. 295 Notification: overseas investment exchanges and overseas clearing houses.
  840. 295A On-site inspection of United Kingdom branches of third country CSDs
  841. 296 Appropriate regulator's power to give directions.
  842. 296A Additional power to direct recognised central counterparties
  843. 297 Revoking recognition.
  844. 298 Directions and revocation: procedure.
  845. 299 Complaints about recognised bodies.
  846. 300 Extension of functions of Tribunal.
  847. 300A Power of appropriate regulator to disallow excessive regulatory provision
  848. 300B Duty to notify proposal to make regulatory provision
  849. 300C Restriction on making provision before appropriate regulator decides whether to act
  850. 300D Consideration by appropriate regulator whether to disallow proposed provision
  851. 300E Power to disallow excessive regulatory provision: supplementary
  852. 300F Rules relating to central counterparties and central securities depositories
  853. 300G Section 300F: rules in relation to overseas FMI entities
  854. 300H Rules relating to investment exchanges and data reporting service providers
  855. 300I Duty of Bank of England to review rules
  856. 300J Statement of policy relating to review of rules
  857. 300K Requirement to review specified rules
  858. 300L Report on certain reviews
  859. 300M Power of Treasury to require making of rules by regulations
  860. 301 Supervision of certain contracts.
  861. 301A Obligation to notify the FCA: acquisitions of control
  862. 301B Requirements for section 301A notices
  863. 301C Acknowledgment of receipt
  864. 301D Acquiring and increasing control
  865. 301E Disregarded holdings
  866. 301F Assessment: general
  867. 301G Assessment: Procedure
  868. 301H Duration of approval
  869. 301I Objections by the FCA
  870. 301J Restriction notices
  871. 301K Orders for sale of shares
  872. 301L Offences under this Chapter
  873. 301M Interpretation
  874. 302 Interpretation.
  875. 303 Initial report by OFT.
  876. 304 Further reports by OFT.
  877. 305 Investigations by OFT.
  878. 306 Consideration by Competition Commission.
  879. 307 Recognition orders: role of the Treasury.
  880. 308 Directions by the Treasury.
  881. 309 Statements by the Treasury.
  882. 310 Procedure on exercise of certain powers by the Treasury.
  883. 309A Recognised bodies to which this Chapter applies
  884. 309B Part 18 prohibition orders
  885. 309C Procedure for making Part 18 prohibition orders
  886. 309D Varying and withdrawing Part 18 prohibition orders
  887. 309E Offence of breaching prohibition
  888. 309F Duty in relation to prohibited individuals
  889. 309G Requirement for approval
  890. 309H Rules under section 309G(3): transitional provision
  891. 309I Applications for approval
  892. 309J Vetting by relevant recognised bodies
  893. 309K Determining applications: power to grant approval
  894. 309L Determining applications: period for approval
  895. 309M Determining applications: further procedure
  896. 309N Changes in responsibilities
  897. 309O Withdrawing approval
  898. 309P Procedure for withdrawing approval
  899. 309Q Varying approval at request of relevant recognised body
  900. 309R Varying approval on the appropriate regulator’s initiative
  901. 309S Statement of policy on approval
  902. 309T Breach of statutory duty by relevant recognised bodies
  903. 309U Power to impose penalties
  904. 309V Procedure for imposing penalties
  905. 309W Statement of policy on penalties
  906. 309X Procedure for statement of policy on penalties
  907. 309Y Certification of employees by relevant recognised bodies
  908. 309Z Issuing certificates
  909. 309Z1 Rules of conduct
  910. 309Z2 Power to take disciplinary action for misconduct
  911. 309Z3 Meaning of “misconduct”
  912. 309Z4 Procedure for disciplinary action
  913. 309Z5 Statement of policy about disciplinary action
  914. 309Z6 Procedure for statement of policy about disciplinary action
  915. 309Z7 Interpretation of Chapter 2A
  916. 309Z8 Power to apply this Chapter to credit rating agencies
  917. 311 The Chapter I prohibition.
  918. 312 The Chapter II prohibition.
  919. 312E Public censure
  920. 312F Financial penalties
  921. 312FA Central securities depositories: further disciplinary measures
  922. 312G Proposal to take disciplinary measures
  923. 312H Decision notice
  924. 312I Publication
  925. 312J Statement of policy
  926. 312K Statement of policy: procedure
  927. 312L Critical third parties
  928. 312M Power to make rules
  929. 312N Power of direction
  930. 312O Directions: procedure
  931. 312P Information gathering and investigations
  932. 312Q Power of censure
  933. 312R Disciplinary measures
  934. 312S Procedure and right to refer to Tribunal
  935. 312T Statement of policy relating to disciplinary measures
  936. 312U Duty to ensure co-ordinated exercise of functions etc
  937. 312V Memorandum of understanding
  938. 312W Application of provisions of this Act to this Chapter
  939. 313 Interpretation of Part XVIII.
  940. 313A FCA's power to require suspension or removal of financial instruments from trading
  941. 313B Suspension or removal of financial instruments from trading: procedure
  942. 313BA Procedure following consideration of representations
  943. 313BB Revocation of requirements: applications by institutions
  944. 313BC Decisions on applications for revocation by institutions
  945. 313BD Revocation of requirements: applications by issuers
  946. 313BE Decisions on applications for revocation by issuers
  947. 313C Notification in relation to suspension or removal of a financial instrument from trading
  948. 313CA Suspension or removal of financial instruments from trading: notification and trading on other venues
  949. 313CB Suspension or removal of a financial instrument from a trading by a trading venue: FCA duties
  950. 313CBA Significant damage to investors’ interests or orderly functioning of market
  951. 313CC Suspension or removal of a financial instrument from trading in another EEA state: FCA duties
  952. 313D Interpretation of Part 18A
  953. 314 Regulators' general duty.
  954. 314A The PRA's objectives in relation to Lloyd's etc
  955. 315 The Society: regulated activities
  956. 316 Direction by a regulator
  957. 317 The core provisions.
  958. 318 Exercise of powers through Council.
  959. 319 Consultation.
  960. 320 Former underwriting members.
  961. 321 Requirements imposed under section 320.
  962. 322 Rules applicable to former underwriting members.
  963. 323 Transfer schemes.
  964. 324 Interpretation of this Part.
  965. 325 FCA's general duty.
  966. 326 Designation of professional bodies.
  967. 327 Exemption from the general prohibition.
  968. 328 Directions in relation to the general prohibition.
  969. 329 Orders in relation to the general prohibition.
  970. 330 Consultation.
  971. 331 Procedure on making or varying orders under section 329.
  972. 332 Rules in relation to persons to whom the general prohibition does not apply.
  973. 333 False claims to be a person to whom the general prohibition does not apply.
  974. 333S Financial assistance for action against illegal money lending
  975. 333T Funding of action against illegal money lending
  976. 334 The Friendly Societies Commission.
  977. 335 The Registry of Friendly Societies.
  978. 336 The Building Societies Commission.
  979. 337 The Building Societies Investor Protection Board.
  980. 338 Industrial and provident societies and credit unions.
  981. 339 Supplemental provisions.
  982. 339A General duties of PRA in relation to auditors
  983. 339B Duty to meet auditors of certain institutions
  984. 339C PRA-authorised persons to which this section applies
  985. 340 Appointment.
  986. 341 Access to books etc.
  987. 342 Information given by auditor or actuary to a regulator.
  988. 343 Information given by auditor or actuary to a regulator: persons with close links.
  989. 344 Duty of auditor or actuary resigning etc. to give notice.
  990. 345 Disciplinary measures: FCA
  991. 345A Disciplinary measures: PRA
  992. 345B Procedure and right to refer to Tribunal
  993. 345C Duty on publication of statement
  994. 345D Imposition of penalties on auditors or actuaries: statement of policy
  995. 345E Statements of policy: procedure
  996. 346 Provision of false or misleading information to auditor or actuary.
  997. 347 The record of authorised persons etc.
  998. 347A Duty of PRA to disclose information relevant to the record
  999. 348 Restrictions on disclosure of confidential information by FCA, PRA etc.
  1000. 349 Exceptions from section 348.
  1001. 350 Disclosure of information by the Inland Revenue.
  1002. 351 Competition information.
  1003. 351A Disclosure under the UCITS directive
  1004. 352 Offences.
  1005. 353 Removal of other restrictions on disclosure.
  1006. 353A Information received from Bank of England
  1007. 354 Authority’s duty to co-operate with others.
  1008. 354A FCA's duty to co-operate with others
  1009. 354B PRA's duty to co-operate with others
  1010. 354C PRA's duty to provide information to Bank of England
  1011. 354D Information under the markets in financial instruments directive
  1012. 354E Competent authorities under the markets in financial instruments directive: designation and co-operation
  1013. 354F Information under the transparency obligations directive
  1014. 354G Information under the UCITS directive
  1015. 354H Information under the Insurance Distribution Directive
  1016. 355 Interpretation of this Part.
  1017. 355A Powers of FCA and PRA to participate in proceedings
  1018. 355B Enforcement of requirements imposed by section 355A
  1019. 356 Powers of FCA and PRA to participate in proceedings: company voluntary arrangements.
  1020. 357 Powers of FCA and PRA to participate in proceedings: individual voluntary arrangements.
  1021. 358 Powers of FCA and PRA to participate in proceedings: trust deeds for creditors in Scotland.
  1022. 359 Administration order
  1023. 360 Insurers.
  1024. 361 Administrator’s duty to report to FCA and PRA
  1025. 362 Powers of FCA and PRA to participate in proceedings.
  1026. 362A Administrator appointed by company or directors
  1027. 363 Powers of FCA and PRA to participate in proceedings.
  1028. 364 Receiver’s duty to report to FCA and PRA
  1029. 365 Powers of FCA and PRA to participate in proceedings.
  1030. 366 Insurers effecting or carrying out long-term contracts or insurance.
  1031. 367 Winding-up petitions.
  1032. 368 Winding-up petitions: EEA and Treaty firms.
  1033. 369 Insurers: service of petition etc. on FCA and PRA.
  1034. 369A Reclaim funds: service of petition etc on FCA and PRA
  1035. 370 Liquidator's duty to report to FCA and PRA
  1036. 371 Powers of FCA and PRA to participate in proceedings.
  1037. 372 Petitions.
  1038. 373 Insolvency practitioner’s duty to report to FCA and PRA.
  1039. 374 Powers of FCA or PRA to participate in proceedings.
  1040. 375 Right of FCA and PRA to apply for an order.
  1041. 376 Continuation of contracts of long-term insurance where insurer in liquidation.
  1042. 377 Reducing the value of contracts instead of winding up.
  1043. 377A Write-down orders
  1044. 377B Excluded liabilities
  1045. 377C Application for a write-down order
  1046. 377D Powers of the FCA and PRA to participate in proceedings
  1047. 377E Powers of the court
  1048. 377F Duty to notify creditors
  1049. 377G The manager
  1050. 377H Write-down order ceasing to have effect
  1051. 377I Variation or revocation of a write-down order
  1052. 377J Further provision about write-down orders
  1053. 377K Insurers in financial difficulties: enforcement of contracts
  1054. 378 Treatment of assets on winding up.
  1055. 379 Winding-up rules.
  1056. 379A Power to apply settlement finality regime to payment institutions
  1057. 380 Injunctions.
  1058. 381 Injunctions in cases of market abuse.
  1059. 382 Restitution orders.
  1060. 383 Restitution orders in cases of market abuse.
  1061. 384 Power of FCA or PRA to require restitution.
  1062. 385 Warning notices.
  1063. 386 Decision notices.
  1064. 387 Warning notices.
  1065. 388 Decision notices.
  1066. 389 Notices of discontinuance.
  1067. 390 Final notices.
  1068. 391 Publication.
  1069. 391A Publication: special provisions relating to capital requirements
  1070. 391B Publication: special provisions relating to transparency obligations
  1071. 391C Publication: special provisions relating to UCITS
  1072. 391D Publication: special provisions relating to markets in financial instruments
  1073. 391E Publication: special provisions relating to insurance distribution
  1074. 391F Publication: special provisions relating to the prospectus regulation
  1075. 392 Application of sections 393 and 394.
  1076. 393 Third party rights.
  1077. 394 Access to FCA or PRA material.
  1078. 395 The FCA's and PRA's procedures.
  1079. 396 Statements under section 395: consultation.
  1080. 397 Misleading statements and practices.
  1081. 398 Misleading FCA or PRA: residual cases.
  1082. 399 Misleading the CMA.
  1083. 400 Offences by bodies corporate etc.
  1084. 401 Proceedings for offences.
  1085. 402 Power of FCA to institute proceedings for certain other offences.
  1086. 403 Jurisdiction and procedure in respect of offences.
  1087. 404 Consumer redress schemes
  1088. 404A Rules under s.404: supplementary
  1089. 404B Complaints to the ombudsman scheme
  1090. 404C Enforcement
  1091. 404D Applications to Tribunal to quash rules or provision of rules
  1092. 404E Meaning of “consumers”
  1093. 404F Other definitions etc
  1094. 404G Power to widen the scope of consumer redress schemes
  1095. 405 Directions.
  1096. 406 Interpretation of section 405.
  1097. 407 Consequences of a direction under section 405.
  1098. 408 EFTA firms.
  1099. 409 Gibraltar.
  1100. 409A Consultation in relation to deference decisions
  1101. 409B Notification in relation to international trade obligations
  1102. 410 International obligations.
  1103. 410A Fees to meet certain expenses of the Treasury
  1104. 410B Directions in pursuance of section 410A
  1105. 411 Tax treatment of levies and repayments.
  1106. 412 Gaming contracts.
  1107. 412A Approval and monitoring of trade-matching and reporting systems
  1108. 412B Procedure for approval and suspension or withdrawal of approval
  1109. 413 Protected items.
  1110. 414 Service of notices.
  1111. 415 Jurisdiction in civil proceedings.
  1112. 415A Powers under the Act
  1113. 415AA Application of powers to formerly authorised persons
  1114. 415B Consultation in relation to taking certain enforcement action
  1115. 415C Co-operation and consultation in relation to exercise of functions
  1116. 416 Provisions relating to industrial assurance and certain other enactments.
  1117. 416A SDR policy statement
  1118. 416B FCA and PRA rules etc
  1119. 417 Definitions.
  1120. 418 Carrying on regulated activities in the United Kingdom.
  1121. 419 Carrying on regulated activities by way of business.
  1122. 419A Claims management services
  1123. 419B Carrying on claims management activity in Great Britain
  1124. 420 Parent and subsidiary undertaking.
  1125. 421 Group.
  1126. 421ZA Immediate group
  1127. 421A Meaning of “participating interest”
  1128. 422 Controller.
  1129. 422A Disregarded holdings
  1130. 423 Manager.
  1131. 423A Mortgage agreements etc
  1132. 424 Insurance.
  1133. 424A Investment firm
  1134. 425 Expressions relating to authorisation ... in the single market.
  1135. 425A Consumers: regulated activities etc carried on by authorised persons
  1136. 425B Consumers: regulated activities carried on by others
  1137. 425C “Qualifying provision”
  1138. 426 Consequential and supplementary provision.
  1139. 427 Transitional provisions.
  1140. 428 Regulations and orders.
  1141. 429 Parliamentary control of statutory instruments.
  1142. 430 Extent.
  1143. 431 Commencement.
  1144. 432 Minor and consequential amendments, transitional provisions and repeals.
  1145. 433 Short title.
  1146. SCHEDULE 1ZA The Financial Conduct Authority
  1147. SCHEDULE 1ZB The Prudential Regulation Authority
  1148. SCHEDULE 2 Regulated Activities
  1149. SCHEDULE 2A Gibraltar-based persons carrying on activities in the UK
  1150. SCHEDULE 3 EEA Passport Rights
  1151. SCHEDULE 5 Persons Concerned in Collective Investment Schemes
  1152. SCHEDULE 6 Threshold Conditions
  1153. SCHEDULE 6A Variation or cancellation of Part 4A permission on initiative of FCA: additional power
  1154. SCHEDULE 6B Designated activities
  1155. SCHEDULE 6C LISTED DESIGNATED ACTIVITY REGULATIONS AND REQUIREMENTS FOR PURPOSES OF CERTAIN PROVISIONS
  1156. SCHEDULE 7
  1157. SCHEDULE 8
  1158. SCHEDULE 9
  1159. SCHEDULE 10 Compensation: Exemptions
  1160. SCHEDULE 10A LIABILITY OF ISSUERS IN CONNECTION WITH PUBLISHED INFORMATION
  1161. SCHEDULE 11
  1162. SCHEDULE 11A TRANSFERABLE SECURITIES
  1163. SCHEDULE 12 Transfer schemes: certificates
  1164. SCHEDULE 13
  1165. SCHEDULE 15 Information and Investigations: Connected Persons
  1166. SCHEDULE 16 Prohibitions and Restrictions imposed by OFFICE OF FAIR TRADING
  1167. SCHEDULE 17 The Ombudsman Scheme
  1168. SCHEDULE 17A Further provision in relation to exercise of Part 18 functions , or other FMI functions, by Bank of England
  1169. SCHEDULE 18 Mutuals
  1170. SCHEDULE 19
  1171. SCHEDULE 19A The manager of a write-down order
  1172. SCHEDULE 19B Further provision about write-down orders
  1173. SCHEDULE 19C Insurers in financial difficulties: enforcement of contracts
  1174. SCHEDULE 20 Minor and Consequential Amendments
  1175. SCHEDULE 21 Transitional Provisions and Savings
  1176. SCHEDULE 22 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

1,176 provisions

129 Power of court to impose administrative sanctions in cases of market abuse

(1) The FCA may, on an application to the court under Part 25 which relates to the market abuse regulation, request the court to consider whether it is appropriate to impose one or more of the following on the person to whom the application relates— (a) a penalty; (b) if the person concerned is an individual, a temporary prohibition or a permanent prohibition; or (c) a suspension or restriction. (2) The court may, if it considers it appropriate, make an order which does one or more of the following— (a) requires the person concerned to pay to the FCA a penalty of such amount as the court considers appropriate; (b) if the person concerned is an individual, imposes a temporary prohibition or a permanent prohibition on that individual; or (c) imposes a suspension or restriction on the person concerned. (3) But the court may impose a permanent prohibition only where it is satisfied the person concerned has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation. (4) Section 123A(4) to (6) apply to a prohibition imposed by an order made under subsection (2) as they do to a prohibition under section 123A, but with— (a) references to a prohibition under section 123A having effect as references to a prohibition under this section; and (b) references to the FCA having effect as references to the court which makes the order under this section. (5) Section 123B(4) to (6) and (8) apply to a suspension or restriction imposed by an order under subsection (2) as they do to a suspension or restriction imposed under section 123B. (6) The court may— (a) vary or revoke a prohibition imposed under this section; (b) withdraw a suspension or restriction imposed under this section; or (c) vary a suspension or a restriction imposed under this section so as to reduce the period for which it has effect or otherwise to limit its effect. (7) In this section— ... “permanent prohibition” means a permanent prohibition on an individual holding an office or position involving responsibility for taking decisions about the management of an investment firm; “suspension or restriction” means— a suspension of any permission which a person has to carry on a regulated activity for such period as the court considers appropriate; or such limitations or other restrictions as the court considers appropriate in relation to the carrying on of a regulated activity by a person for such period as the court considers appropriate; “temporary prohibition” means a temporary prohibition on an individual— holding an office or position involving responsibility for taking decisions about the management of an investment firm; ... acquiring or disposing of financial instruments, whether on his or her own account or the account of a third party and whether directly or indirectly ; or making a bid, on his or her own account or the account of a third party, directly or indirectly, at an auction conducted by a recognised auction platform. (8) For the meaning of “recognised auction platform” in this Part, see section 131AB. (9) An application under Part 25 relates to the market abuse regulation if— (a) it is made under section 380 or 382 and the relevant requirement for the purposes of that section is a requirement imposed by the market abuse regulation or by supplementary market abuse legislation; or (b) it is made under section 381 or 383.

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130 Guidance.

(1) The Treasury may from time to time issue written guidance for the purpose of helping relevant authorities to determine the action to be taken in cases where— (a) it appears a person has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation; and (b) in so doing the person appears to have committed an offence under Part 7 of the Financial Services Act 2012 or Part 5 of the Criminal Justice Act 1993 (insider dealing). (2) The Treasury must obtain the consent of the Attorney General and the Secretary of State before issuing any guidance under this section. (3) In this section “relevant authorities”— (a) in relation to England and Wales, means the Secretary of State, the FCA, the Director of the Serious Fraud Office and the Director of Public Prosecutions; (b) in relation to Northern Ireland, means the Secretary of State, the FCA, the Director of the Serious Fraud Office and the Director of Public Prosecutions for Northern Ireland. (4) Subsections (1) to (3) do not apply to Scotland. (5) In relation to Scotland, the Lord Advocate may from time to time, after consultation with the Treasury, issue written guidance for the purpose of helping the FCA to determine the action to be taken in cases mentioned in subsection (1).

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130A Interpretation and supplementary provision

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131 Effect on transactions.

The imposition of a penalty under this Part does not make any transaction void or unenforceable.

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131A Protected Disclosures

(1) A disclosure which satisfies the following three conditions is not to be taken to breach any restriction on the disclosure of information (however imposed). (2) The first condition is that the information or other matter— (a) causes the person making the disclosure ( the discloser) to know or suspect, or (b) gives him reasonable grounds for knowing or suspecting that another person has engaged in market abuse that another person has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation. (3) The second condition is that the information or other matter disclosed came to the discloser in the course of his trade, profession, business or employment. (4) The third condition is that the disclosure is made ... to a nominated officer as soon as is practicable after the information or other matter comes to the discloser. (5) A disclosure to a nominated officer is a disclosure which is made to a person nominated by the discloser's employer to receive disclosures under this section, and is made in the course of the discloser's employment and in accordance with the procedure established by the employer for the purpose. (6) For the purposes of this section, references to a person's employer include any body, association or organisation (including a voluntary organisation) in connection with whose activities the person exercises a function (whether or not for gain or reward) and references to employment must be construed accordingly.

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131AA Reporting of infringements

(1) This section applies to employers who— (a) provide regulated financial services; (b) carry on regulated activities in reliance on the exemption in section 327; or (c) are recognised bodies ... or third country central counterparties. (2) Employers must have in place appropriate internal procedures for their employees to report contraventions of the market abuse regulation or any supplementary market abuse legislation. (3) In this section— “employee” and “employer” have the meaning given in section 230 of the Employment Rights Act 1996; “recognised body” has the meaning given in section 313; “regulated financial services” has the meaning given in section 1H.

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131AB Interpretation

(1) In this Part— ... “emission allowance” means emission allowance as described in paragraph 11 of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; “financial instrument” means any instrument specified in Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order , read with Part 2 of that Schedule; “financial instrument” means any of the following— an instrument specified in Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, read with Part 2 of that Schedule; a “qualifying cryptoasset” as defined by article 88F of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; a “related instrument” as defined by regulation 17(1) of the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026; “issuer” has the meaning given in Article 3.1(21) of the market abuse regulation; and “issuer” means— an issuer defined by Article 3.1(21) of the market abuse regulation, or a “relevant person” as defined by regulation 17(4) of the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026; and “recognised auction platform” has the meaning given in regulation 1(3) of the Recognised Auction Platform Regulations 2011 (S.I. 2011/2699); ... (2) The following are supplementary market abuse legislation for the purposes of this Part— (a) an EU regulation, originally made under the market abuse regulation, which is assimilated direct legislation; and (b) subordinate legislation (within the meaning of the Interpretation Act 1978) made under the market abuse regulation on or after IP completion day. day; and (c) Chapter 2 of Part 2 of the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026.

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131AC Meaning of “persons closely associated” in the market abuse regulation

(1) In Article 3.1(26)(a) (definitions) of the market abuse regulation “partner considered to be equivalent to a spouse” includes a civil partner. (2) In Article 3.1(26)(b) of the market abuse regulation “dependent child” means a child who— (a) is under the age of 18 years; (b) is unmarried; and (c) does not have a civil partner. (3) In this section “child” includes a stepchild.

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131AD Individual liability in respect of legal persons under Articles 8 and 12 of the market abuse regulation

(1) An individual participates in a decision by a body corporate for the purposes of Article 8.5 (insider dealing) or Article 12.4 (market manipulation) of the market abuse regulation where— (a) the individual was an officer of the body corporate when the decision was made; and (b) the FCA are satisfied that the individual was knowingly concerned in the decision. (2) In this section “officer”, in relation to a body corporate, means– (a) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; or (b) an individual who is a controller of the body.

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131AE Liability for contraventions of Article 14 or 15 of the market abuse regulation

For the purposes of any enactment a person contravenes Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) whether the contravention is by that person alone or by that person and one or more other persons jointly or in concert.

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131M Overview

This Part— (a) requires the Treasury to publish a statement of policy concerning cash deposit and withdrawal services, (b) enables the Treasury to designate persons involved in the provision of such services, and (c) gives the FCA functions in relation to designated persons.

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131N Cash access services and coordination arrangements

(1) This section defines “cash”, “cash access service”, “free cash access service” and “cash access coordination arrangements” for the purposes of this Part. (2) “Cash” means— (a) banknotes issued by the Bank of England, or an authorised bank in its capacity as an issuer of banknotes in Scotland or Northern Ireland (see Part 6 of the Banking Act 2009), or (b) coins made by the Mint, within the meaning of the Coinage Act 1971 (see section 11 of that Act). (3) A “cash access service” is— (a) a service which enables cash to be placed on a relevant current account (a “cash deposit service”), or (b) a service which enables cash to be withdrawn from a relevant current account (a “cash withdrawal service”). (4) A “free cash access service” is a cash access service that is— (a) a free of charge service which enables cash to be placed on a relevant personal current account, or (b) a free of charge service which enables cash to be withdrawn from a relevant personal current account. (5) “Cash access coordination arrangements” are arrangements— (a) which are designed to coordinate the provision of cash access services by two or more providers of such services, but (b) which do not directly provide cash access services to any person. (6) In relation to cash access coordination arrangements— (a) a reference to the “operator” of such arrangements is to any person with responsibility under the arrangements for managing or operating them; (b) a reference to the operation of such arrangements includes their management. (7) In this section, “relevant current account” has the meaning given by section 131O.

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131O Current accounts and relevant current account providers

(1) This section defines “current account”, “relevant current account”, “relevant personal current account” and “relevant current account provider” for the purposes of this Part. (2) “Current account” means an account by means of which one or more named persons are able to— (a) place cash, (b) withdraw cash, and (c) execute and receive payment transactions to and from third parties, including the execution of credit transfers. (3) For the purposes of subsection (2)(c), “payment transaction” means an act initiated by the payer or payee, or on behalf of the payer, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and payee. (4) A “relevant personal current account” means a relevant current account held by one or more individuals for purposes outside any business, trade, craft or profession of that individual or those individuals. (5) “Relevant current account provider” means a person— (a) who has a Part 4A permission to accept deposits, and (b) who provides current accounts in reliance on that permission (“relevant current accounts”). (6) But the following are not relevant current account providers— (a) credit unions, within the meaning given by section 31(1) of the Credit Unions Act 1979 or Article 2(2) of the Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205)(N.I.12); (b) a society that is registered within the meaning of the Friendly Societies Act 1974 (see section 111(1) of that Act) or incorporated under the Friendly Societies Act 1992. (7) The Treasury may by regulations— (a) amend a definition in this section; (b) amend any other provision of this Part in consequence of provision made under paragraph (a).

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131P Cash access policy statement

(1) The Treasury must prepare a cash access policy statement. (2) A “cash access policy statement” is a statement of the policies of His Majesty’s Government concerning cash access services in the United Kingdom, or a part of the United Kingdom. (3) The reference to cash access services in subsection (2) includes free cash access services. (4) Policies may be stated in relation to, among other things— (a) cash deposit services and cash withdrawal services; (b) services provided in relation to current accounts of different descriptions; (c) services provided in predominantly urban areas and services provided in predominantly rural areas. (5) In preparing a cash access policy statement, the Treasury must— (a) consult the FCA, and (b) have regard to any report provided under section 131Q. (6) The Treasury must publish a cash access policy statement in such manner as they consider appropriate. (7) The Treasury— (a) must keep the cash access policy statement under review; (b) may prepare a revised statement (and subsections (5) and (6) apply in relation to any revised statement).

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131Q Provision of reports to assist the Treasury

(1) The FCA must, on a request from the Treasury, prepare and send to the Treasury a report on a matter specified in the request. (2) The Treasury may only make a request under this section for a report that they reasonably require in connection with— (a) the preparation of a cash access policy statement (see section 131P), or (b) a decision whether or not to designate a person for the purposes of this Part (see section 131R). (3) A request for a report under this section— (a) must be made in writing, and (b) may require the FCA to send the report to the Treasury within such reasonable period as may be specified in the request (or such other period as may be agreed). (4) Nothing in section 348, or in regulations made under section 349, is to be taken as preventing or restricting the ability of the FCA to disclose information to the Treasury for the purposes of this section. (5) Subsection (4) does not apply in relation to information provided to the FCA by a regulatory authority outside the United Kingdom.

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131R Designation

(1) The Treasury may designate a person for the purposes of this Part if the person is— (a) a relevant current account provider, or (b) an operator of cash access coordination arrangements, and at least one of the participants in the arrangements is a relevant current account provider designated under this section. (2) A person is designated by giving the person (the “designated person”) a notice in accordance with this Part (a “designation notice”). (3) A designation notice must specify whether the person is designated in relation to— (a) the United Kingdom, (b) Great Britain only, or (c) Northern Ireland only. (4) A designation notice given to the operator of cash access coordination arrangements must specify the arrangements in as much detail as is reasonably practicable. (5) Before giving a designation notice to a person the Treasury must— (a) consult the FCA, (b) notify the person, and (c) consider any representations made. (6) A designated person must— (a) comply with rules made by the FCA under section 131V; (b) comply with directions given by the FCA to the designated person under section 131W.

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131S Designation criteria

(1) The Treasury may designate a person for the purposes of this Part, in relation to the United Kingdom, Great Britain only, or Northern Ireland only (as the case may be), only if satisfied that doing so is likely to further the purpose mentioned in section 131U(1). (2) In considering whether to designate a relevant current account provider, the Treasury must have regard to— (a) the distribution of cash access services operated by the provider in the United Kingdom, Great Britain or Northern Ireland (as the case may be); (b) the distribution in the United Kingdom, Great Britain or Northern Ireland (as the case may be) of persons holding current accounts provided by the provider; (c) the provider’s share of the current account market in the United Kingdom, Great Britain or Northern Ireland (as the case may be); (d) the total value of the deposits held in current accounts provided by the provider in the United Kingdom, Great Britain or Northern Ireland (as the case may be). (3) If a relevant current account provider is part of a group which includes one or more other relevant current account providers, references in subsection (2) to the provider are to be read as references to— (a) the provider, and (b) each of those other relevant current account providers. (4) For the purposes of subsection (3), section 421 (meaning of “group”) applies with the omission of subsection (1)(g) of that section.

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131T Cancellation or variation of a designation notice

(1) If a designation notice has been given to a person the Treasury may, by further notice, cancel the designation notice. (2) If a designation notice has been given to a person (including a designation notice as varied by a notice under this subsection), the Treasury may by further notice, vary the earlier notice. (3) If a further notice under subsection (2) would designate a person in relation to a part of the United Kingdom in relation to which the person was not designated by the earlier notice, sections 131R(3) and (5) and 131S apply in relation to the further notice.

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131U Purpose for which FCA must exercise functions under this Part

(1) The FCA must exercise its functions under this Part for the purpose of seeking to ensure reasonable provision of cash access services in the United Kingdom, or a part of the United Kingdom. (2) In this section references to cash access services include references to free cash access services. (3) “Reasonable provision” of cash access services is provision of such nature and extent as the FCA may determine, having regard to— (a) the cash access policy statement currently in effect (see section 131P), and (b) such other matters as it considers appropriate. (4) In making a determination for the purposes of subsection (3) the FCA must, in particular, have regard to any local deficiencies in provision of cash access services— (a) which the FCA is aware of, and (b) the impacts of which the FCA considers to be significant. (5) A local deficiency in provision of cash access services is a circumstance which limits the ability of persons in any locality in a part of the United Kingdom to— (a) withdraw cash from a relevant current account, or (b) place cash on a relevant current account. (6) In determining whether there are local deficiencies in the provision of cash access services, and the significance of the impacts of such deficiencies, the FCA must have regard to— (a) the cash access policy statement currently in effect, and (b) such other matters as it considers appropriate. (7) Those other matters may include (but are not limited to)— (a) the number of persons likely to be affected by the deficiency; (b) the characteristics of the persons likely to be affected by the deficiency; (c) the likely impact on the persons likely to be affected.

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131V FCA rules

(1) The FCA may make such rules applying to designated persons as appear to the FCA to be necessary or expedient for the purpose mentioned in section 131U(1). (2) Rules under this section must not require a designated person to do (or refrain from doing) any thing in relation to a part of the United Kingdom in relation to which the person is not designated. (3) Section 137T (general supplementary powers for rules made by a regulator) applies in relation to rules made by the FCA under this section as if, in paragraph (a), the reference to descriptions of authorised persons, activity or investment were to descriptions of designated persons and activities carried on by such persons. (4) Section 138A (modification or waiver of rules) applies in relation to rules made by the FCA under this section as if subsection (4)(b) were omitted. (5) Section 138I (consultation by FCA before making rules) applies to rules under this section as if, in subsection (2)(d), the reference to the FCA’s duties under section 1B(1) and (5)(a) were to the purpose for which the FCA must exercise its functions under this Part.

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131W Power to direct designated persons

(1) The FCA may give a direction under this section to a designated person if it considers that it is desirable to give the direction for the purpose mentioned in section 131U(1). (2) A direction under this section must not require a designated person to do (or refrain from doing) any thing in relation to a part of the United Kingdom in relation to which the person is not designated. (3) A direction under this section may require the person to— (a) take specified action; (b) refrain from taking specified action; (c) review, or take remedial action in respect of, past conduct. (4) A requirement imposed by a direction under this section may be expressed to expire at the end of a specified period, but the imposition of a requirement that expires at the end of a specified period does not affect the power to give a further direction imposing a new requirement. (5) A direction under this section— (a) may be revoked by the FCA by written notice to the person to whom it is given, and (b) ceases to be in force if the person to whom it is given ceases to be a designated person.

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131X Procedure for directions

(1) If the FCA proposes to give a direction under section 131W, or gives such a direction with immediate effect, it must give written notice to the designated person to whom the direction is given (or to be given). (2) A direction under section 131W takes effect— (a) immediately, if the notice under subsection (1) states that is the case, (b) on such other date as may be specified in the notice, or (c) if no date is specified in the notice, when the matter to which the notice relates is no longer open to review. (3) A direction under section 131W may be expressed to take effect immediately (or on a specified date) only if the FCA reasonably considers that it is necessary for the direction to take effect immediately (or on that date). (4) The notice under subsection (1) must— (a) give details of the direction; (b) state the FCA’s reasons for the direction and for its determination as to when the direction takes effect; (c) inform the designated person that the person may make representations to the FCA within such period as may be specified in the notice (whether or not the person has referred the matter to the Tribunal); (d) inform the designated person of the person’s right to refer the matter to the Tribunal. (5) The FCA may extend the period allowed under the notice for making representations. (6) The FCA must give the designated person written notice if, having considered any representations made by the person, it decides— (a) to give the direction proposed; (b) if the direction has been given, not to revoke the direction. (7) The FCA must give the designated person written notice if, having considered any representations made by the person, it decides— (a) not to give the direction proposed; (b) to give a different direction; (c) to revoke a direction. (8) A notice given under subsection (6) must inform the notified person of the person’s right to refer the matter to the Tribunal. (9) A notice under subsection (7)(b) must comply with subsection (4). (10) If a notice informs the designated person of the person’s right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference. (11) For the purposes of subsection (2)(c), whether a matter is open to review is to be determined in accordance with section 391(8).

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131Y Information gathering and investigations

(1) For the purposes of this Part, Part 11 (information gathering and investigations) applies in accordance with this section. (2) Sections 165A to 165C, 169 and 169A do not apply. (3) Any reference to an authorised person includes a person designated for the purposes of this Part (whether or not the person is an authorised person). (4) In addition— (a) references to an authorised person in sections 165 and 176(3A)(a) include a person mentioned in subsection (5) (whether or not the person is an authorised person); (b) sections 175 to 177 apply in relation to section 165 as modified in accordance with paragraph (a). (5) The persons are— (a) a relevant current account provider who is not a designated person for the purposes of this Part; (b) an operator of cash access coordination arrangements who is not a designated person for the purposes of this Part; (c) the operator of, or an infrastructure provider in relation to, a payment system, who is not a designated person for the purposes of this Part; (d) a person (other than a person mentioned in paragraph (a), (b) or (c)) who provides cash access services and is not a designated person for the purposes of this Part; (e) a person who provides a relevant service to a person mentioned in paragraph (a), (b), (c) or (d) and is not a designated person for the purposes of this Part. (6) In subsection (5)(c), “payment system”, and “operator” and “infrastructure provider” in relation to a payment system, have the same meanings as in Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 110 of that Act). (7) For the purposes of subsection (5)(e), a “relevant service” is a service provided in connection with the provision of cash access services. (8) In relation to a person who is not an authorised person but is treated as such for the purposes of this Part (by virtue of subsection (3) or (4)), any reference to “either regulator” is to the FCA only.

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131Z Disciplinary measures

For the purposes of enforcing a requirement imposed by or under this Part, Part 14 (disciplinary measures) applies as if— (a) any reference to an authorised person includes a person designated for the purposes of this Part (whether or not that person is an authorised person), and (b) section 206A (suspending permission to carry on regulated activities etc) were omitted.

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131Z1 Costs of supervision

Rules made under paragraph 23 of Schedule 1ZA, in connection with the carrying out of any of the FCA’s functions under this Part, must not provide for the payment of fees to the FCA by any person other than a designated person who is a relevant current account provider.

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131Z2 Exclusion and modification of other FCA duties

(1) Where the FCA is discharging a function under this Part, section 1B (FCA’s general duties) applies as if— (a) in subsection (1)(b), the reference to one or more of the FCA’s operational objectives were to the purpose mentioned in section 131U(1); (b) subsections (4) and (4A) (promoting effective competition in the interests of consumers and advancing competitiveness and growth) do not apply. (2) In discharging its functions under this Part, the regulatory principles in section 3B(1) have effect as if, in paragraph (g), the reference to the FCA’s objectives included the purpose mentioned in section 131U(1). (3) Section 395 applies in relation to a decision of the FCA made in connection with a function under this Part as if, in subsection (3)(a), the reference to the FCA’s operational objectives included the purpose mentioned in section 131U(1).

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132 The Financial Services and Markets Tribunal.

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133 Proceedings before Tribunal: general provision

(1) This section applies in the case of a reference or appeal to the Tribunal (whether made under this or any other Act) in respect of— (a) a decision of the FCA or the PRA; (b) a decision of the Bank of England; or (c) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 , the Banking Act 2009 or the Financial Services and Markets Act 2023. (1A) For the purposes of this section, in the case of a reference to the Tribunal under section 290(4A) (which relates to an application by a central securities depository under section 288A), the failure by the Bank of England to make a decision is treated as a decision to refuse the application (and accordingly is treated as falling within subsection (1)(b)). (2) In this section— “relevant decision” means a decision mentioned in subsection (1)(a), (b) or (c); and “the decision-maker”, in relation to a relevant decision, means the person who made the relevant decision. (3) Tribunal Procedure Rules may make provision for the suspension of a relevant decision which has taken effect, pending determination of the reference or appeal. (4) The Tribunal may consider any evidence relating to the subject-matter of the reference or appeal, whether or not it was available to the decision-maker at the material time. (5) In the case of a disciplinary reference or a reference under section 393(11), the Tribunal— (a) must determine what (if any) is the appropriate action for the decision-maker to take in relation to the matter; and (b) on determining the reference, must remit the matter to the decision-maker with such directions (if any) as the Tribunal considers appropriate for giving effect to its determination. (5A) In the case of a reference under paragraph 7 of Schedule 6A, the Tribunal— (a) must determine what (if any) is the appropriate action that must be taken in relation to the matter, and (b) on determining the reference, must give such directions (if any) to such persons as the Tribunal considers appropriate for giving effect to its determination. (6) In any other case, the Tribunal must determine the reference or appeal by either— (a) dismissing it; or (b) remitting the matter to the decision-maker with a direction to reconsider and reach a decision in accordance with the findings of the Tribunal. (6A) The findings mentioned in subsection (6)(b) are limited to findings as to— (a) issues of fact or law; (b) the matters to be, or not to be, taken into account in making the decision; and (c) the procedural or other steps to be taken in connection with the making of the decision. (7) The decision-maker must act in accordance with the determination of, and any direction given by, the Tribunal. (7A) A reference is a “disciplinary reference” for the purposes of this section if it is in respect of any of the following decisions— (a) a decision to impose a penalty under section 63A; (b) a decision to take action under section 66; (c) a decision to take action under section 87M; (d) a decision to take action under section 88A; (e) a decision to take action under section 89K; (f) a decision to take action under section 89Q; (g) a decision to take action under section 91; (h) a decision to impose a penalty or publish a statement of censure under section 123, impose a prohibition under section 123A or impose a suspension or restriction under section 123B; (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ia) a decision to take action under section 142S; (ib) a decision to take action under section 143W; (j) a decision to take action under section 192K; (k) a decision to publish a statement under section 205, impose a penalty under section 206 or suspend a permission or impose a restriction under section 206A; (ka) a decision to impose a prohibition or restriction under section 206B or to refuse an application under subsection (4) of that section; (l) a decision to take action under section 249 or 261K; (la) a decision to impose a penalty under section 309U; (lb) a decision to take action under section 309Z2; (m) a decision to publish a statement under section 312E or 312FA or impose a penalty under section 312F or 312FA; (n) a decision to take action under section 345 or 345A. (o) a decision to take action under section 83ZR of the Banking Act 2009. (8) An order of the Tribunal may be enforced— (a) in England and Wales, as if it were an order of the county court or, in Northern Ireland, as if it were an order of a county court; or (b) in Scotland, as if it were an order of the Court of Session.

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133A Proceedings before Tribunal: decision and supervisory notices, etc.

(1) In determining in accordance with section 133(5) a reference made (whether under this or any other Act) as a result of a decision notice given by a body, the Tribunal may not direct the body to take action which it would not, as a result of section 388(2), have had power to take when giving the notice. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The action specified in a decision notice must not be taken— (a) during the period within which the matter to which the notice relates may be referred to the Tribunal (whether under this or any other Act); and (b) if the matter is so referred, until the reference, and any appeal against the Tribunal's determination, has been finally disposed of. (5) The Tribunal may, on determining a reference (whether made under this or any other Act) in respect of a decision of the FCA or the PRA, make recommendations as to its regulating provisions or its procedures.

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133B Offences

(1) This section applies in the case of proceedings before the Tribunal in respect of— (a) a decision of the FCA or the PRA; (b) a decision of the Bank of England; or (c) a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 , the Banking Act 2009 or the Financial Services and Markets Act 2023. (2) A person is guilty of an offence if that person, without reasonable excuse— (a) refuses or fails— (i) to attend following the issue of a summons by the Tribunal; or (ii) to give evidence; or (b) alters, suppresses, conceals or destroys, or refuses to produce a document which he may be required to produce for the purposes of proceedings before the Tribunal. (3) A person guilty of an offence under subsection (2)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) A person guilty of an offence under subsection (2)(b) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

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134 Legal assistance scheme.

(1) The Lord Chancellor may by regulations establish a scheme governing the provision of legal assistance in connection with proceedings before the Tribunal. (2) If the Lord Chancellor establishes a scheme under subsection (1), it must provide that a person is eligible for assistance only if— (a) he falls within subsection (3); and (b) he fulfils such other criteria (if any) as may be prescribed as a result of section 135(1)(d). (3) A person falls within this subsection if he is an individual who has referred a matter to the Tribunal under section 127(4). (4) In this Part of this Act “the legal assistance scheme” means any scheme in force under subsection (1).

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135 Provisions of the legal assistance scheme.

(1) The legal assistance scheme may, in particular, make provision as to— (a) the kinds of legal assistance that may be provided; (b) the persons by whom legal assistance may be provided; (c) the manner in which applications for legal assistance are to be made; (d) the criteria on which eligibility for legal assistance is to be determined; (e) the persons or bodies by whom applications are to be determined; (f) appeals against refusals of applications; (g) the revocation or variation of decisions; (h) its administration and the enforcement of its provisions. (2) Legal assistance under the legal assistance scheme may be provided subject to conditions or restrictions, including conditions as to the making of contributions by the person to whom it is provided.

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136 Funding of the legal assistance scheme.

(1) The FCA must pay to the Lord Chancellor such sums at such times as he may, from time to time, determine in respect of the anticipated or actual cost of legal assistance provided in connection with proceedings before the Tribunal under the legal assistance scheme. (2) In order to enable it to pay any sum which it is obliged to pay under subsection (1), the FCA must make rules requiring the payment to it by authorised persons or any class of authorised person of specified amounts or amounts calculated in a specified way. (3) Sums received by the Lord Chancellor under subsection (1) must be paid into the Consolidated Fund. (4) The Lord Chancellor must, out of money provided by Parliament fund the cost of legal assistance provided in connection with proceedings before the Tribunal under the legal assistance scheme. (5) Subsection (6) applies if, as respects a period determined by the Lord Chancellor, the amount paid to him under subsection (1) as respects that period exceeds the amount he has expended in that period under subsection (4). (6) The Lord Chancellor must— (a) repay, out of money provided by Parliament, the excess to the FCA; or (b) take the excess into account on the next occasion on which he makes a determination under subsection (1). (7) The FCA must make provision for any sum repaid to it under subsection (6)(a)— (a) to be distributed among— (i) the authorised persons on whom a levy was imposed in the period in question as a result of rules made under subsection (2); or (ii) such of those persons as it may determine; (b) to be applied in order to reduce any amounts which those persons, or such of them as it may determine, are or will be liable to pay to the FCA, whether under rules made under subsection (2) or otherwise; or (c) to be partly so distributed and partly so applied. (8) If the FCA considers that it is not practicable to deal with any part of a sum repaid to it under subsection (6)(a) in accordance with provision made by it as a result of subsection (7), it may, with the consent the Lord Chancellor, apply or dispose of that part of that sum in such manner as it considers appropriate. (9) “Specified” means specified in the rules.

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137 Appeal on a point of law.

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137A The FCA's general rules

(1) The FCA may make such rules applying to authorised persons— (a) with respect to the carrying on by them of regulated activities, or (b) with respect to the carrying on by them of activities which are not regulated activities, as appear to the FCA to be necessary or expedient for the purpose of advancing one or more of its operational objectives. (2) Rules made under this section are referred to in this Act as the FCA's general rules. (3) The FCA's general rules may make provision applying to authorised persons even though there is no relationship between the authorised persons to whom the rules will apply and the persons whose interests will be protected by the rules. (4) The FCA's general rules may contain requirements which take into account, in the case of an authorised person who is a member of a group, any activity of another member of the group. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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137AA The FCA's general rules: Gibraltar

(1) The FCA's general rules may not make provision prohibiting a Gibraltar-based person from carrying on, or holding itself out as carrying on, an activity which it has a Schedule 2A permission to carry on in the United Kingdom. (2) Subsection (1) does not apply to rules described in section 137C, 137D or 137FD. (3) The Treasury may by regulations impose other limitations on what provision applying to Gibraltar-based persons with a Schedule 2A permission to carry on a regulated activity may be made in the FCA's general rules, but may not impose limitations relating to rules described in section 137C, 137D or 137FD. (4) Before making regulations under subsection (3), the Treasury must consult the FCA.

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137B FCA general rules: clients' money, right to rescind etc.

(1) Rules relating to the handling of money held by an authorised person in specified circumstances (“clients' money”) may— (a) make provision which results in that clients' money being held on trust in accordance with the rules, (b) treat 2 or more accounts as a single account for specified purposes (which may include the distribution of money held in the accounts), (c) authorise the retention by the authorised person of interest accruing on the clients' money, and (d) make provision as to the distribution of such interest which is not to be retained by the authorised person. (2) An institution with which an account is kept in pursuance of rules relating to the handling of clients' money does not incur any liability as constructive trustee if the money is wrongfully paid from the account, unless the institution permits the payment— (a) with knowledge that it is wrongful, or (b) having deliberately failed to make enquiries in circumstances in which a reasonable and honest person would have done so. (3) Rules may— (a) confer rights on persons to rescind agreements with, or withdraw offers to, authorised persons within a specified period, and (b) make provision, in respect of authorised persons and persons exercising those rights, for the restitution of property and the making or recovery of payments where those rights are exercised. (4) “Rules” means general rules of the FCA. (5) “Specified” means specified in the rules.

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137C FCA general rules: cost of credit and duration of credit agreements

(1) The power of the FCA to make general rules includes power to make rules prohibiting authorised persons from— (a) entering into a regulated credit agreement that provides for— (i) the payment by the borrower of charges of a specified description, or (ii) the payment by the borrower over the duration of the agreement of charges that, taken with the charges paid under one or more other agreements which are treated by the rules as being connected with it, exceed, or are capable of exceeding, a specified amount; (b) imposing charges of a specified description or exceeding a specified amount on a person who is the borrower under a regulated credit agreement; (c) entering into a regulated credit agreement that— (i) is capable of remaining in force after the end of a specified period, (ii) when taken with one or more other regulated credit agreements which are treated by the rules as being connected with it, would be capable of remaining in force after the end of a specified period, or (iii) is treated by the rules as being connected with a number of previous regulated credit agreements that exceeds a specified maximum; (d) exercising the rights of the lender under a regulated credit agreement (as a person for the time being entitled to exercise them) in a way that enables the agreement to remain in force after the end of a specified period or enables the imposition on the borrower of charges within paragraph (a)(i) or (ii). (1A) The FCA must make rules by virtue of subsection (1)(a)(ii) and (b) in relation to one or more specified descriptions of regulated credit agreement appearing to the FCA to involve the provision of high-cost short-term credit, with a view to securing an appropriate degree of protection for borrowers against excessive charges. (1B) Before the FCA publishes a draft of any rules to be made by virtue of subsection (1)(a)(ii) or (b), it must consult the Treasury. (2) “Charges” means charges payable, by way of interest or otherwise, in connection with the provision of credit under the regulated credit agreement, whether or not the agreement itself makes provision for them and whether or not the person to whom they are payable is a party to the regulated credit agreement or an authorised person. (3) “The borrower” includes— (a) any person providing a guarantee or indemnity under the regulated credit agreement, and (b) a person to whom the rights and duties of the borrower under the regulated credit agreement or a person falling within paragraph (a) have passed by assignment or operation of law. (4) In relation to an agreement entered into or obligation imposed in contravention of the rules, the rules may— (a) provide for the agreement or obligation to be unenforceable against any person or specified person; (b) provide for the recovery of any money or other property paid or transferred under the agreement or other obligation by any person or specified person; (c) provide for the payment of compensation for any loss sustained by any person or specified person as a result of paying or transferring any money or other property under the agreement or obligation. (5) The provision that may be made as a result of subsection (4) includes provision corresponding to that made by section 30 (enforceability of agreements resulting from unlawful communications). (6) A credit agreement is a contract of the kind mentioned in paragraph 23 of Schedule 2, other than one under which the obligation of the borrower to repay is secured on land: and a credit agreement is a “regulated credit agreement” if any of the following is a regulated activity— (a) entering into or administering the agreement; (b) exercising or being able to exercise the rights of the lender under the agreement. (7) In this section— (a) “specified amount” means an amount specified in or determined in accordance with the rules; (b) “specified period” means a period of a duration specified in or determined in accordance with the rules; (c) “specified person” means a person of a description specified in the rules; (d) subject to that, “specified” means specified in the rules.

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137D FCA general rules: product intervention

(1) The power of the FCA to make general rules includes power to make such rules (“product intervention rules”) prohibiting authorised persons from doing anything mentioned in subsection (2) as appear to it to be necessary or expedient for the purpose of advancing— (a) the consumer protection objective or the competition objective, or (b) if the Treasury by order provide for this paragraph to apply, the integrity objective. (2) Those prohibited things are— (a) entering into specified agreements with any person or specified person; (b) entering into specified agreements with any person or specified person unless requirements specified in the rules have been satisfied; (c) doing anything that would or might result in the entering into of specified agreements by persons or specified persons, or the holding by them of a beneficial or other kind of economic interest in specified agreements; (d) doing anything within paragraph (c) unless requirements specified in the rules have been satisfied. (3) “Specified agreements” means agreements of a description specified in general rules made by the FCA. (4) “Specified persons” means persons of a description specified in general rules made by the FCA. (5) It is of no relevance— (a) whether the entering into of a specified agreement itself constitutes the carrying on of a regulated activity, or (b) whether, in a case within subsection (2)(c) or (d), the specified agreements are with the authorised persons concerned or anyone else. (6) The requirements that may be specified under subsection (2)(b) or (d) include in particular— (a) requirements as to the terms and conditions that are to be, or are not to be, included in specified or other agreements, and (b) requirements limiting invitations or inducements to enter into specified or other agreements to those made to specified persons. (7) In relation to contraventions of product intervention rules, the rules may— (a) provide for a relevant agreement or obligation to be unenforceable against any person or specified person; (b) provide for the recovery of any money or other property paid or transferred under a relevant agreement or obligation by any person or specified person; (c) provide for the payment of compensation for any loss sustained by any person or specified person as a result of paying or transferring any money or other property under a relevant agreement or obligation. (8) “A relevant agreement or obligation” means— (a) a specified agreement; (b) an agreement entered into in contravention of any rule made as a result of subsection (2)(c) or (d); (c) an obligation to which a person is subject as a result of exercising a right conferred by an agreement within paragraph (a) or (b) of this subsection. (9) The provision that may be made as a result of subsection (7) includes provision corresponding to that made by section 30 (enforceability of agreements resulting from unlawful communications). (10) In this section— (a) any reference to entering into an agreement includes inviting or inducing persons to enter into an agreement, and (b) any reference to an agreement includes an arrangement.

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137E Orders under s.137D(1)(b)

(1) No order may be made under section 137D(1)(b) unless— (a) a draft of the order has been laid before Parliament and approved by a resolution of each House, or (b) subsection (3) applies. (2) Subsection (3) applies if an order under section 137D(1)(b) contains a statement that the Treasury are of the opinion that, by reason of urgency, it is necessary to make the order without a draft being so laid and approved. (3) Where this subsection applies the order— (a) must be laid before Parliament after being made, and (b) ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order). (4) The “relevant period” is a period of 28 days beginning with the day on which the order is made. (5) In calculating the relevant period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

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