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Bank of England and Financial Services Act 2016

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

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

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Commencement Information

I1Sch. 4 para. 1 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I2Sch. 4 para. 1 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

2(1)Section 59 (approval for particular arrangements) is amended as follows.E+W+S+N.I.

(2)For subsection (6A) substitute—

(6A)If the FCA is satisfied that a function of a description specified in rules made by the FCA under subsection (3)(a) or (b) is a senior management function as defined in section 59ZA, the FCA must designate the function in the rules as a senior management function.

(3)Omit subsections (6B) and (6C).

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Commencement Information

I3Sch. 4 para. 2 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I4Sch. 4 para. 2 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

3After section 59ZA insert—

59ZBDesignated senior management functions

For the purposes of this Part the following are “designated senior management functions”—

(a)a function of a description specified in rules made by the FCA under section 59(3)(a) or (b) which is designated as a senior management function by the FCA under section 59(6A);

(b)a function of a description specified in rules made by the PRA under section 59(3)(a).

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Commencement Information

I5Sch. 4 para. 3 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I6Sch. 4 para. 3 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

4(1)Section 60 (applications for approval) is amended as follows.E+W+S+N.I.

(2)In subsection (2A), omit—

(a)the “and” at the end of paragraph (a);

(b)paragraph (b).

(3)Omit subsection (2C).

(4)Omit subsection (6A).

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Commencement Information

I7Sch. 4 para. 4 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I8Sch. 4 para. 4 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

5(1)Section 60A (vetting of candidates by relevant authorised persons) is amended as follows.E+W+S+N.I.

(2)In the heading omit “relevant”.

(3)In subsection (1) for “a relevant” substitute “ an ”.

(4)Omit subsection (3).

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Commencement Information

I9Sch. 4 para. 5 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I10Sch. 4 para. 5 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

6(1)Section 61 (determination of applications) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b), omit from “in relation” to “ “relevant senior” and insert “(a “ senior ”.

(3)In subsections (2B) and (3ZA) omit “relevant”.

(4)Omit subsections (6) and (7).

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Commencement Information

I11Sch. 4 para. 6 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I12Sch. 4 para. 6 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

7In section 62A(4) (changes in responsibilities of senior managers - definitions) omit the definition of “designated senior management function”.

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Commencement Information

I13Sch. 4 para. 7 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I14Sch. 4 para. 7 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

8In section 63(2A) (authorised person's duty to review approvals)—

(a)omit “relevant” in the first place it occurs;

(b)omit the words after paragraph (b).

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Commencement Information

I15Sch. 4 para. 8 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I16Sch. 4 para. 8 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

9In the heading of section 63ZA (variation of senior manager's approval at request of relevant authorised person) omit “relevant”.

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Commencement Information

I17Sch. 4 para. 9 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I18Sch. 4 para. 9 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

10(1)Section 63ZB (variation of senior manager's approval on initiative of regulator) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “a relevant” substitute “ an ”.

(3)In subsection (2)—

(a)for “a relevant” substitute “ an ”;

(b)in paragraph (a)(ii) omit “relevant”.

(4)Omit subsections (5) and (6).

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Commencement Information

I19Sch. 4 para. 10 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I20Sch. 4 para. 10 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

11(1)Section 63E (certification of employees by relevant authorised persons) is amended as follows.E+W+S+N.I.

(2)In the heading omit “relevant”.

(3)In subsection (1), for “A relevant” substitute “ An ”.

(4)In subsection (3) for “a relevant”, in each place it occurs, substitute “ an ”.

(5)In subsection (4) omit “relevant” in each place it occurs.

(6)In subsection (6)(b) omit “relevant”.

(7)In subsection (8) omit the definition of “relevant PRA-authorised person”.

(8)Omit subsection (10).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 4 para. 11 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

12(1)Section 63F (issuing of certificates) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “A relevant” substitute “ An ”.

(3)In subsection (2) omit “relevant”.

(4)In subsection (4) for “a relevant” substitute “ an ”.

(5)In subsection (6) for “a relevant” substitute “ an ”.

(6)In subsection (7) for “A relevant” substitute “ An ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 4 para. 12 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I23Sch. 4 para. 12 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

13(1)Section 64A (rules of conduct) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b), for the words from “relevant” to the end substitute “ authorised persons ”.

(3)In subsection (2)(c) omit “relevant”.

(4)In subsection (3) omit the definition of “relevant PRA-authorised person”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 4 para. 13 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I25Sch. 4 para. 13 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

14(1)Section 64B (conduct rules) is amended as follows.E+W+S+N.I.

(2)In the heading omit “relevant”.

(3)In subsection (2) omit “relevant” in the first place it occurs.

(4)In subsection (3) for “a relevant” substitute “ an ”.

(5)Omit subsection (7).

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Commencement Information

I26Sch. 4 para. 14 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I27Sch. 4 para. 14 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

15(1)Section 64C (requirement to notify regulator of disciplinary action) is amended as follows.E+W+S+N.I.

(2)In the heading omit “relevant”.

(3)In subsection (1)—

(a)in paragraph (a) for “a relevant”, in the first place it occurs, substitute “ an ”;

(b)in the words after paragraph (b) omit “relevant”.

(4)In subsection (3)—

(a)in paragraph (a) omit “relevant authorised persons that are”;

(b)in paragraph (b) omit “relevant”.

(5)Omit subsection (5).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 4 para. 15 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I29Sch. 4 para. 15 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

16(1)Section 66A (misconduct: action by FCA) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(b)(ii) for “a relevant” substitute “ an ”.

(3)In subsection (3)(b)(ii) omit “in the case of a relevant authorised person,”.

(4)In subsection (5)(a) for “a relevant” substitute “ an ”.

(5)In subsection (7)—

(a)in the definition of “senior manager”, for “a relevant” substitute “ an ”;

(b)omit the definition of “designated senior management function”.

(6)Omit subsection (9).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 4 para. 16 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I31Sch. 4 para. 16 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

17(1)Section 66B (misconduct: action by PRA) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(b)(ii) omit “relevant”.

(3)In subsection (3)(b), for sub-paragraph (ii) substitute—

(ii)an employee of the PRA-authorised person.

(4)In subsection (5)(a) omit “relevant”.

(5)In subsection (7)—

(a)in the definition of “senior manager”, omit “relevant”;

(b)omit the definition of “designated senior management function”.

(6)In subsection (8) omit the definition of “relevant PRA-authorised person”.

(7)Omit subsection (9).

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Commencement Information

I32Sch. 4 para. 17 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I33Sch. 4 para. 17 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

18Omit section 71A (meaning of “relevant authorised person”).

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Commencement Information

I34Sch. 4 para. 18 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I35Sch. 4 para. 18 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

19(1)Section 347 (record of authorised persons etc) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (g)(iv), omit “in a case where the authorised person concerned is a relevant authorised person,”;

(b)in paragraph (h) for “a relevant” substitute “ an ”.

(3)In subsection (8A)—

(a)omit the definition of “relevant authorised person”;

(b)in the definition of “senior manager”, for “a relevant” substitute “ an ”;

(c)in the definition of “designated senior management function”, for the words from “means” to the end substitute “ has the meaning given by section 59ZB. ”

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Commencement Information

I36Sch. 4 para. 19 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I37Sch. 4 para. 19 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

20In section 415B(5) (consultation in relation to enforcement action), in the definition of “relevant senior management function”, for the words from “has been” to the end substitute “ is a designated senior management function as defined by section 59ZB). ”

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Commencement Information

I38Sch. 4 para. 20 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I39Sch. 4 para. 20 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

21In section 429(1)(a) (orders subject to affirmative resolution procedure) omit “71A(4),”.

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Commencement Information

I40Sch. 4 para. 21 in force at 13.9.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(2) (with regs. 3-6)

I41Sch. 4 para. 21 in force at 10.12.2018 for specified purposes by S.I. 2018/990, reg. 2(1)(3) (with regs. 3-6)

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  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill