SCHEDULES

Section 24

SCHEDULE 2E+W+S+N.I.Minor and consequential amendments

Part 1E+W+S+N.I.Amendments of Financial Services and Markets Act 2000

1The Financial Services and Markets Act 2000 is amended as follows.

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7In the italic cross-heading before section 64, at the end insert of approved persons.

8(1)Section 66 (performance of regulated activities: disciplinary powers) is amended as follows.E+W+S+N.I.

(2)After subsection (5) insert—

(5A)Approval” means an approval given under section 59.

(3)In subsection (7), omit “under section 59”.

(4)After that subsection insert—

(8)In relation to any time while a suspension is in force under subsection (3)(aa) in relation to part of a function, any reference in section 59 or 63A to the performance of a function includes the performance of part of a function.

(9)If at any time a restriction imposed under subsection (3)(ab) is contravened, the approval in relation to the person concerned is to be treated for the purposes of sections 59 and 63A as if it had been withdrawn at that time.

9(1)Section 67 (disciplinary measures: procedure and right to refer to Tribunal) is amended as follows.E+W+S+N.I.

(2)In subsection (1), at the end insert “ ; and if it proposes to take action under subsection (3)(aa) or (ab) of that section, it must also give each of the other interested parties a warning notice. ”

(3)After subsection (2) insert—

(2A)A warning notice about a proposal—

(a)to suspend an approval, or

(b)to impose a restriction in relation to the performance of a function,

must state the period for which the suspension or restriction is to have effect.

(4)In subsection (4), at the end insert “ ; and if it decides to take action under subsection (3)(aa) or (ab) of that section, it must also give each of the other interested parties a decision notice. ”

(5)After subsection (5) insert—

(5A)A decision notice about—

(a)the suspension of an approval, or

(b)the imposition of a restriction in relation to the performance of a function,

must state the period for which the suspension or restriction is to have effect.

(6)In subsection (7), at the end insert “ ; and if the Authority decides to take action under section 66(3)(aa) or (ab), each of the other interested parties may also refer the matter to the Tribunal. ”

(7)After that subsection insert—

(8)Approval” means an approval given under section 59.

(9)Other interested parties”, in relation to an approved person (“A”), are—

(a)the person on whose application the approval was given (“B”); and

(b)the person by whom A's services are retained, if not B.

The reference in this subsection to an approved person has the same meaning as in section 64.

10(1)Section 69 (statement of policy) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraphs (a) and (b) substitute—

(a)the imposition of penalties, suspensions or restrictions under section 66;

(b)the amount of penalties under that section; and

(c)the period for which suspensions or restrictions under that section are to have effect.

(3)In subsection (2)—

(a)in the opening words, after “should be” insert “ , or what the period for which a suspension or restriction is to have effect should be, ”, and

(b)in paragraph (c), for “the person on whom the penalty is to be imposed” substitute “ the person against whom action is to be taken ”.

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15In section 165 (FSA's power to require information), in the heading, at the end insert : authorised persons etc.

16(1)Section 168 (appointment of persons to carry out investigations in particular cases) is amended as follows.E+W+S+N.I.

(2)In subsection (4), in paragraph (c), for “an authorised person” substitute “ a person ”.

(3)In that subsection, after paragraph (h) insert—

(ha)a person may have performed a controlled function without approval for the purposes of section 63A;.

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Commencement Information

I1Sch. 2 para. 16 wholly in force at 8.6.2010; Sch. 2 para. 16(1)(2) in force at Royal Assent and Sch. 2 para. 16(3) in force at 8.6.2010 see s. 26(1)(l)(2)(e)

17In section 176(11)(a) (entry of premises under warrant), after “165” insert “ , 165A, 169A ”.

18(1)Section 207 (proposal to take disciplinary measures) is amended as follows.E+W+S+N.I.

(2)In subsection (1), omit the “or” before paragraph (b) and at the end of that paragraph insert or

(c)to suspend a permission of an authorised person or impose a restriction in relation to the carrying on of a regulated activity by an authorised person (under section 206A),.

(3)At the end insert—

(4)A warning notice about a proposal to suspend a permission or impose a restriction must state the period for which the suspension or restriction is to have effect.

19(1)Section 208 (decision notice) is amended as follows.E+W+S+N.I.

(2)In subsection (1), omit the “or” before paragraph (b) and at the end of that paragraph insert or

(c)to suspend a permission or impose a restriction under section 206A (whether or not in the manner proposed),.

(3)After subsection (3) insert—

(3A)In the case of a suspension or restriction, the decision notice must state the period for which the suspension or restriction is to have effect.

(4)In subsection (4), omit the “or” before paragraph (b) and at the end of that paragraph insert or

(c)suspend a permission of an authorised person, or impose a restriction in relation to the carrying on of a regulated activity by an authorised person, under section 206A,.

20(1)Section 210 (statements of policy) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for paragraphs (a) and (b) substitute—

(a)the imposition of penalties, suspensions or restrictions under this Part;

(b)the amount of penalties under this Part; and

(c)the period for which suspensions or restrictions under this Part are to have effect.

(3)In subsection (2)—

(a)in the opening words, after “should be” insert “ , or what the period for which a suspension or restriction is to have effect should be, ”, and

(b)in paragraph (c), for “the person on whom the penalty is to be imposed” substitute “ the person against whom action is to be taken ”.

(4)In subsection (7), after “206” insert “ or 206A ”.

21In section 212(2) (the scheme manager), after “those functions” insert “ and the functions conferred on it by or under Part 15A ”.

22In section 219(3A) (scheme manager's power to require information), for “applying regulations under section 214B(3) above” substitute “ determining the matters mentioned in section 214D(2)(a) and (b) above ”.

23In section 221A(3) (delegation of functions of FSCS manager), after “management expenses of the scheme manager” insert “ except where the function in question is one under Part 15A ”.

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Commencement Information

I3Sch. 2 para. 23 in force at 12.10.2010 by S.I. 2010/2480, art. 2(f)

24(1)Section 223 (FSCS manager's management expenses) is amended as follows.E+W+S+N.I.

(2)In subsection (3), in paragraph (c), after “214B” insert “ or 214D ”.

(3)After that paragraph insert—

(d)under Part 15A.

25(1)Section 224A (functions under the Banking Act 2009) is amended as follows.E+W+S+N.I.

(2)The existing provision becomes subsection (1) of that section.

(3)After that subsection insert—

(2)Any payment required to be made by the scheme manager by virtue of section 61 of that Act (special resolution regime: compensation) is to be treated for the purposes of this Part as an expense under the compensation scheme.

26In section 348(5)(d) (restrictions on disclosure of confidential information by Authority etc), after “a person appointed” insert “ to collect or update information under section 139E or ”.

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28In section 391 (publication), for subsection (11) substitute—

(11)Section 425A (meaning of “consumers”) applies for the purposes of this section.

29(1)Section 392 (warning and decision notices: third party rights and access to evidence) is amended as follows.E+W+S+N.I.

(2)In paragraph (a)—

(a)after “63(3),” insert “ 63B(1), ”, and

(b)after “126(1),” insert “ 131H(1), ”.

(3)In paragraph (b)—

(a)after “63(4),” insert “ 63B(3), ”, and

(b)after “127(1),” insert “ 131H(4), ”.

30After section 415 insert—

Powers of the AuthorityE+W+S+N.I.

415APowers of the Authority

Any power which the Authority has under any provision of this Act is not limited in any way by any other power which it has under any other provision of this Act.

31In section 417(1) (definitions), after the definition of “UK authorised person” (but before the “and” at the end of it) insert—

“the UK financial system”has the meaning given in section 3;.

32After section 425 insert—

425AConsumers: regulated activities etc carried on by authorised persons

(1)This section has effect for the purposes of the provisions of this Act which apply this section.

(2)Consumers” means persons who—

(a)use, have used or may use any of the services within subsection (3); or

(b)have relevant rights or interests in relation to any of those services.

(3)The services within this subsection are services provided by—

(a)authorised persons in carrying on regulated activities;

(b)authorised persons who are investment firms, or credit institutions, in providing relevant ancillary services; or

(c)persons acting as appointed representatives.

(4)A person (“P”) has a “relevant right or interest” in relation to any services within subsection (3) if P has a right or interest—

(a)which is derived from, or is otherwise attributable to, the use of the services by others; or

(b)which may be adversely affected by the use of the services by persons acting on P's behalf or in a fiduciary capacity in relation to P.

(5)If a person is providing a service within subsection (3) as a trustee, the persons who are, have been or may be beneficiaries of the trust are to be treated as persons who use, have used or may use the service.

(6)A person who deals with another person (“A”) in the course of A providing a service within subsection (3) is to be treated as using the service.

(7)In this section—

  • credit institution” means—

    (a)

    a credit institution authorised under the banking consolidation directive; or

    (b)

    an institution which would satisfy the requirements for authorisation as a credit institution under that directive if it had its registered office (or if does not have one, its head office) in an EEA State;

  • relevant ancillary service” means any service of a kind mentioned in Section B of Annex I to the markets in financial instruments directive the provision of which does not involve the carrying on of a regulated activity.

33(1)Section 429 (Parliamentary control of statutory instruments) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(a)—

(a)omit “404”, and

(b)after “236(5),” insert “ 404G ”.

(3)In subsection (2), after “214B” insert “ , 214D ”.

(4)In subsection (8), after “one made under section” insert “ 165A(2)(d) or ”.

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Amendments (Textual)

35(1)In Schedule 4 (treaty rights), paragraph 1 is amended as follows.E+W+S+N.I.

(2)The existing provision becomes sub-paragraph (1) of that paragraph.

(3)In that sub-paragraph, omit the definition of “consumers”.

(4)After that sub-paragraph insert—

(2)Section 425A (meaning of “consumers”) applies for the purposes of this Schedule.

Part 2E+W+S+N.I.Amendments of other legislation

Contracting Out (Functions Relating to National Savings) Order 1998E+W+S+N.I.

37In article 3 of the Contracting Out (Functions Relating to National Savings) Order 1998 (contracting out of functions), after paragraph (2) insert—

(3)Any function conferred on the Director under rules made under section 38(7) of the Administration of Justice Act 1982 (court funds rules) may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the Director.

Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Modification of Powers) Regulations 2006E+W+S+N.I.

38In the Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Modification of Powers) Regulations 2006, omit regulation 3(b)(ii) (which made an amendment of the Financial Services and Markets Act 2000 superseded by this Act).

Banking Act 2009E+W+S+N.I.

39The Banking Act 2009 is amended as follows.

40In section 1(6) (table describing provisions of Part 1), in the entry relating to sections 33 to 48, for “48” substitute “ 48A ”.

41In section 61(2)(b) (sources of compensation), for the words from “subject” to “below),” substitute “ subject to section 214C of the Financial Services and Markets Act 2000 (limit on amount of special resolution regime payments), ”.

42In section 83(2)(h) (supplemental), omit “- inserted by section 171 below”.

43Omit section 171 (which made amendments of the Financial Services and Markets Act 2000 superseded by this Act).

44In section 183(c) (interpretation of expressions for purposes of Part 5), omit “to “the financial system””.

45In section 204(1)(a) (inter-bank payment systems: information), after “order” insert “ or an order under section 206A ”.

46Omit section 248 (which made an amendment of the Financial Services and Markets Act 2000 superseded by this Act).

47In section 250(2) (collection of information by FSA relevant to financial stability)—

(a)after “section 165” insert “ or 165A ”, and

(b)after “as qualified” insert “ , in the case of the section 165 power, ”.

48(1)Section 259 (statutory instruments) is amended as follows.E+W+S+N.I.

(2)In the table in subsection (3), omit the entry relating to section 171.

(3)In that table, after the entry relating to section 204 insert—

206AServices forming part of recognised inter-bank payment systemsDraft affirmative resolution

(4)In subsection (5), omit paragraph (o) and the “and” before it.