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Financial Services and Markets Act 2000

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64 Conduct: statements and codes.E+W+S+N.I.

This section has no associated Explanatory Notes

[F1(1)The FCA may issue statements of principle with respect to the conduct expected of persons in relation to whom either regulator has given its approval under section 59.

(1A)The PRA may issue statements of principle with respect to—

(a)the conduct expected of persons in relation to whom it has given its approval under section 59, and

(b)the conduct expected of persons in relation to whom the FCA has given its approval under section 59 in respect of the performance by them of significant-influence functions in relation to the carrying on by PRA-authorised persons of regulated activities.

(1B)A statement of principle issued by either regulator may relate to conduct expected of persons in relation to—

(a)the performance by them of controlled functions, or

(b)the performance by them of any other functions in relation to the carrying on by authorised persons of regulated activities.]

(2)If [F2a regulator] issues a statement of principle under subsection (1) [F3or (1A)], it must also issue a code of practice for the purpose of helping to determine whether or not a person’s conduct complies with the statement of principle.

(3)A code issued under subsection (2) may specify—

(a)descriptions of conduct which, in the opinion of the [F4regulator issuing the code], comply with a statement of principle;

(b)descriptions of conduct which, in the opinion of the [F4regulator issuing the code], do not comply with a statement of principle;

(c)factors which, in the opinion of the [F4regulator issuing the code], are to be taken into account in determining whether or not a person’s conduct complies with a statement of principle.

(4)[F5A regulator] may at any time alter or replace a statement or code issued [F6by it] under this section.

(5)If a statement or code is altered or replaced [F7by a regulator], the altered or replacement statement or code must be issued by the [F8regulator].

(6)A statement or code issued under this section must be published by [F9the regulator that issued it] in the way appearing to [F10that regulator] to be best calculated to bring it to the attention of the public.

(7)A code published under this section and in force at the time when any particular conduct takes place may be relied on so far as it tends to establish whether or not that conduct complies with a statement of principle.

(8)Failure to comply with a statement of principle under this section does not of itself give rise to any right of action by persons affected or affect the validity of any transaction.

(9)A person is not to be taken to have failed to comply with a statement of principle if he shows that, at the time of the alleged failure, it or its associated code of practice had not been published.

(10)[F11A regulator] must, without delay, give the Treasury a copy of any statement or code which it publishes under this section.

(11)The power under this section to issue statements of principle and codes of practice—

(a)includes power to make different provision in relation to persons, cases or circumstances of different descriptions; and

[F12(b)is to be treated for the purposes of section 1B(6)(a) as part of the FCA's rule-making functions (where the power is exercisable by the FCA) and is to be treated for the purposes of section 2J(1)(a) as part of the PRA's rule-making functions (where the power is exercisable by the PRA).]

(12)[F13A regulator] may charge a reasonable fee for providing a person with a copy of a statement or code published [F14by it] under this section.

[F15(13)Any expression which is used both in this section and section 59 has the same meaning in this section as in that section.]

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Amendments (Textual)

F2Words in s. 64(2) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 5 para. 12(2)(a) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F5Words in s. 64(4) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 5 para. 12(4)(a) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F9Words in s. 64(6) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 5 para. 12(6)(a) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F11Words in s. 64(10) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 5 para. 12(7) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

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