[F1Arrangements for consulting practitioners and consumersU.K.
Textual Amendments
F1Pt. 1A substituted for Pt. 1 (24.1.2013 for specified purposes, 19.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 6(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c)(2), Sch. Pts. 2, 3, 4; S.I. 2013/423, art. 3, Sch.
1MThe FCA's general duty to consultU.K.
The FCA must make and maintain effective arrangements for consulting practitioners and consumers on the extent to which its general policies and practices are consistent with its general duties under section 1B.
1NThe FCA Practitioner PanelU.K.
(1)Arrangements under section 1M must include the establishment and maintenance of a panel of persons (to be known as “the FCA Practitioner Panel”) to represent the interests of practitioners.
(2)The FCA must appoint one of the members of the FCA Practitioner Panel to be its chair.
(3)The Treasury's approval is required for the appointment or dismissal of the chair.
(4)The FCA must appoint to the FCA Practitioner Panel such—
(a)persons representing authorised persons, and
(b)persons representing recognised investment exchanges,
as it considers appropriate.
(5)The FCA may appoint to the FCA Practitioner Panel such other persons as it considers appropriate.
1OThe Smaller Business Practitioner PanelU.K.
(1)Arrangements under section 1M must include the establishment and maintenance of a panel of persons (to be known as “the Smaller Business Practitioner Panel”) to represent the interests of eligible practitioners.
(2)“Eligible practitioners” means authorised persons of a description specified in a statement maintained by the FCA.
(3)The FCA must appoint one of the members of the Smaller Business Practitioner Panel to be its chair.
(4)The Treasury's approval is required for the appointment or dismissal of the chair.
(5)The FCA must appoint to the Smaller Business Practitioner Panel such—
(a)individuals who are eligible practitioners, and
(b)persons representing eligible practitioners,
as it considers appropriate.
(6)The FCA may appoint to the Smaller Business Practitioner Panel such other persons as it considers appropriate.
(7)In making the appointments, the FCA must have regard to the desirability of ensuring the representation of eligible practitioners carrying on a range of regulated activities.
(8)The FCA may revise the statement maintained under subsection (2).
(9)The FCA must—
(a)give the Treasury a copy of the statement or revised statement without delay, and
(b)publish the statement as for the time being in force in such manner as it thinks fit.
1PThe Markets Practitioner PanelU.K.
(1)Arrangements under section 1M must include the establishment and maintenance of a panel of persons (to be known as “the Markets Practitioner Panel”) to represent the interests of practitioners who are likely to be affected by the exercise by the FCA of its functions relating to markets, including its functions under Parts 6, 8A and 18.
(2)The FCA must appoint one of the members of the Markets Practitioner Panel to be its chair.
(3)The Treasury's approval is required for the appointment or dismissal of the chair.
(4)The FCA must appoint to the Markets Practitioner Panel such persons to represent the interests of persons within subsection (5) as it considers appropriate.
(5)The persons within this subsection are—
(a)authorised persons,
(b)persons who issue financial instruments,
(c)sponsors, as defined in section 88(2),
(d)recognised investment exchanges, and
(e)primary information providers, as defined in section 89P(2).
(6)The FCA may appoint to the Markets Practitioner Panel such other persons as it considers appropriate.
1QThe Consumer PanelU.K.
(1)Arrangements under section 1M must include the establishment and maintenance of a panel of persons (to be known as “the Consumer Panel”) to represent the interests of consumers.
(2)The FCA must appoint one of the members of the Consumer Panel to be its chair.
(3)The Treasury's approval is required for the appointment or dismissal of the chair.
(4)The FCA may appoint to the Consumer Panel such consumers, or persons representing the interests of consumers, as it considers appropriate.
(5)The FCA must secure that membership of the Consumer Panel is such as to give a fair degree of representation to those who are using, or are or may be contemplating using, services otherwise than in connection with businesses carried on by them.
(6)Sections 425A and 425B (meaning of “consumers”) apply for the purposes of this section, but the references to consumers in this section do not include consumers who are authorised persons.
1RDuty to consider representations made by the PanelsU.K.
(1)The FCA must consider representations that are made to it in accordance with arrangements made under section 1M.
(2)The FCA must from time to time publish in such manner as it thinks fit responses to the representations.]