F1PART 9ARules and Guidance

Annotations:
Amendments (Textual)
F1

Pt. 9A substituted for ss. 138-164 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 24(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

C10C9CHAPTER 2Rules: modification, waiver, contravention and procedural provisions

Annotations:
Modifications etc. (not altering text)
C10

Pt. 9A Ch. 2 applied (with modifications) by S.I. 2011/99, Sch. 3 para. 2A(2)(3) (as inserted (13.8.2017 for specified purposes, 13.10.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(2)(c)(iii)(3)(f)(i)(6), Sch. 8 para. 5(31)(a) (with reg. 3))

C9

Pt. 9A Ch. 2 applied (with modifications) (13.8.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(2)(b)(ii)(6), Sch. 6 para. 3(2) (with reg. 3)

Procedural provisions

C3C5C7C6C8138JConsultation by the PRA

1

Before making any rules, the PRA must—

a

consult the FCA, and

b

after doing so, publish a draft of the proposed rules in the way appearing to the PRA to be best calculated to bring them to the attention of the public.

2

The draft must be accompanied by—

C2C4a

a cost benefit analysis,

b

an explanation of the purpose of the proposed rules,

c

any statement prepared under section 138K(2),

d

an explanation of the PRA's reasons for believing that making the proposed rules is compatible with its duties under—

i

section 2B(1) or, as the case requires, section 2C(1) or 2D(3), and

ii

section 2H, and

e

notice that representations about the proposals may be made to the PRA within a specified time.

3

Before making the proposed rules, the PRA must have regard to any representations made to it in accordance with subsection (2)(e).

4

If the PRA makes the proposed rules, it must publish an account, in general terms, of—

a

the representations made to it in accordance with subsection (2)(e), and

b

its response to them.

5

If the rules differ from the draft published under subsection (1)(b) in a way which is, in the opinion of the PRA, significant the PRA must publish—

C1a

details of the difference (in addition to complying with subsection (4)) together with a cost benefit analysis, and

b

any statement prepared under section 138K(4).

6

The requirements to carry out a cost benefit analysis under this section do not apply in relation to rules made under—

a

section 136(2);

b

subsection (1) of section 213 as a result of subsection (4) of that section;

c

section 234;

d

paragraph 31 of Schedule 1ZB;

e

paragraph 12 of Schedule 1A.

7

Cost benefit analysis” means—

a

an analysis of the costs together with an analysis of the benefits that will arise—

i

if the proposed rules are made, or

ii

if subsection (5) applies, from the rules that have been made, and

b

subject to subsection (8), an estimate of those costs and of those benefits.

8

If, in the opinion of the PRA—

a

the costs or benefits referred to in subsection (7) cannot reasonably be estimated, or

b

it is not reasonably practicable to produce an estimate,

the cost benefit analysis need not estimate them, but must include a statement of the PRA's opinion and an explanation of it.

9

The PRA may charge a reasonable fee for providing a person with a copy of a draft published under subsection (1)(b).

10

This section is subject to section 138L.