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Financial Services Act 2012

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Changes to legislation:

Financial Services Act 2012, Section 16 is up to date with all changes known to be in force on or before 19 June 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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16FCA to exercise functions under Part 6 of FSMA 2000E+W+S+N.I.

This section has no associated Explanatory Notes

(1)FSMA 2000 is amended as follows.

(2)In each of the provisions of Part 6 (official listing etc) mentioned in subsection (3)—

(a)for “competent authority” or “competent authority's”, in each place, substitute “ FCA ” or “FCA's”, and

(b)for “the authority” or “the Authority”, in each place, substitute “ the FCA ”.

(3)Those provisions are—

(a)sections 73A to 84;

(b)section 86;

(c)sections 87B to 87D;

(d)section 87G;

(e)sections 87J to 87O (including the italic heading before section 87J);

(f)sections 87Q to 88;

(g)sections 89A to 97 (including the italic heading before section 89H and the heading to that section);

(h)section 101(2);

(i)section 103(1).

(4)Before section 73A insert an italic heading “Rules”.

(5)In section 77(3) (discontinuance and suspension of listing), for “sections 96 and 99” substitute “ section 96 and paragraph 23(6) of Schedule 1ZA ”.

(6)In section 87A (criteria for approval of prospectus)—

(a)in subsection (1), for “competent authority” substitute “ “FCA”,

(b)in subsection (7)(a), for “competent authority”, in the first place, substitute “ FCA ”, and

(c)in the heading, for “competent authority” substitute “ FCA ”.

(7)In section 87E (transfer by competent authority of application for approval)—

(a)in subsection (1), for “competent authority”, in the first place, substitute “ FCA ”,

(b)in subsections (2) to (4), for “competent authority” substitute “ FCA ”, and

(c)in the heading, for “competent authority” substitute “ FCA ”.

(8)In section 87F (transfer to competent authority of application for approval)—

(a)in subsection (1)—

(i)for “Where the competent authority” substitute “ Where the FCA ”, and

(ii)in paragraph (b), for “competent authority” substitute “ FCA ”,

(b)in subsection (2), for “competent authority” substitute “ FCA ”, and

(c)in the heading, for “competent authority” substitute “ FCA ”.

(9)In section 87H (prospectus approved in another EEA State)—

(a)in subsection (1), for “competent authority”, in the second and third places, substitute “ FCA ”, and

(b)in subsection (3A), for “competent authority” substitute “ FCA ”.

(10)In section 87I (provision of information to host member State)—

(a)in subsection (1)—

(i)for “competent authority”, in the first place, substitute “ FCA ”,

(ii)in paragraph (b), for “competent authority” substitute “ FCA ”, and

(iii)in paragraph (c), omit “other”,

(b)in subsection (1A), for “competent authority”, in the first place, substitute “ FCA ”, and

(c)in subsections (3) to (5), for “competent authority” substitute “ FCA ”.

(11)In section 87P (exercise of powers at request of competent authority of another EEA State)—

(a)in subsection (1)(c), for “competent authority”, in the second place, substitute “ FCA ”, and

(b)in subsection (2), for “competent authority” substitute “ FCA ”.

(12)In section 100A (exercise of powers where UK is host member State)—

(a)in subsections (1) and (2), for “competent authority” substitute “ FCA ”,

(b)in subsection (3), for “the authority”, in both places, substitute “ the FCA ”,

(c)in subsection (4), for “The authority” substitute “ The FCA ”, and

(d)in subsections (5) and (6), for “the authority” substitute “ the FCA ”.

(13)In Schedule 10 (compensation: exemptions), for “competent authority”, in each place, substitute “ FCA ”.

(14)Omit the following provisions—

(a)section 72 (Financial Services Authority to exercise functions of the competent authority under Part 6) and the italic heading before it;

(b)section 73 (general duty of the competent authority);

(c)section 99 (fees);

(d)section 100 (penalties);

(e)in section 101 (general provisions), subsections (1) and (3) to (8);

(f)section 102 (exemption from liability in damages);

(g)in section 103 (interpretation), subsections (2) and (3);

(h)in section 195 (exercise of power in support of overseas regulator), subsection (4)(b);

(i)in section 410 (international obligations), subsection (4)(b);

(j)in section 415 (jurisdiction in civil proceedings), subsection (1)(b);

(k)Schedule 7 (modification of Act in its application to the Financial Services Authority when acting as competent authority for purposes of Part 6);

(l)Schedule 8 (power to transfer functions under Part 6 to other persons).

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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

I1S. 16 in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

I2S. 16 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.

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