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Financial Services Act 2012

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Financial Services Act 2012, Section 85 is up to date with all changes known to be in force on or before 29 June 2017. 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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85Relevant functions in relation to complaints schemeE+W+S+N.I.

This section has no associated Explanatory Notes

(1)This section has effect for the interpretation of the reference in section 84(1)(a) to the relevant functions of the regulators.

[F1(2)The relevant functions of the FCA or the PRA are—

(a)its functions conferred by or under FSMA 2000, other than its legislative functions, and

(b)such other functions as the Treasury may by order provide.]

[F2(3)The relevant functions of the Bank of England are—

(a)its functions under Part 18 of FSMA 2000 (recognised clearing houses) or under Part 5 of the Banking Act 2009 (inter-bank payment systems), other than its legislative functions, and

(b)such other functions as the Treasury may by order provide.]

(4)For the purposes of [F3subsection (2)(a) ], the following are the FCA's legislative functions—

(a)making rules under FSMA 2000;

(b)issuing codes under section F4... 119 of FSMA 2000;

(c)issuing statements under—

(i)section [F563ZD,] 63C, F6... 69, 88C, 89S, 93, 124, 131J, 138N, 192H, 192N, 210 [F7, 312J or 333K ] of FSMA 2000,

(ii)section 345D of FSMA 2000 (whether as a result of section 345(2) or 345A(3) or section 249(1) [F8or 261K(1)] of that Act), or

(iii)section 80 of the Financial Services Act 2012;

(d)giving directions under section 316, 318 or 328 of FSMA 2000;

(e)issuing general guidance, as defined in section 139B(5) [F9or 333P(9) ] of FSMA 2000.

[F10(f)setting standards under section 333H of FSMA 2000.]

(5)For the purposes of [F11subsection (2)(a)], the following are the PRA's legislative functions—

(a)making rules under FSMA 2000;

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)issuing statements under—

(i)section [F1363ZD,] 63C, F14... 69, 192H, 192N, 210 or 345D of FSMA 2000, or

(ii)section 80 of the Financial Services Act 2012;

(d)giving directions under section 316 or 318 of FSMA 2000;

(e)issuing guidance under section 2I of FSMA 2000.

(6)For the purposes of [F15subsection (3)(a) ], the following functions of the Bank of England under Part 18 of FSMA 2000 are legislative functions—

(a)making rules;

(b)issuing statements—

(i)under section 312J, or

(ii)by virtue of the application by Schedule 17A of a provision mentioned in subsection (5)(c)(i) of this section.

(7)For the purposes of [F16subsection (3)(a)], the following functions of the Bank of England under Part 5 of the Banking Act 2009 are legislative functions—

(a)publishing principles or codes of practice under sections 188 and 189;

(b)preparing statements under section 198(3).

[F17(8)For the purposes of subsection (2), sections 1A(6) and [F182AB(3)] of FSMA 2000 do not apply.]

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Amendments (Textual)

F1S. 85(2) substituted (1.3.2014 for specified purposes, 1.6.2014 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 10(2); S.I. 2014/377, art. 2(1)(b)(3), Sch. Pt. 2

F2S. 85(3) substituted (1.3.2014 for specified purposes, 1.6.2014 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 10(3); S.I. 2014/377, art. 2(1)(b)(3), Sch. Pt. 2

F3Words in s. 85(4) substituted (1.3.2014 for specified purposes, 1.6.2014 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 10(4); S.I. 2014/377, art. 2(1)(b)(3), Sch. Pt. 2

F4Words in s. 85(4)(b) omitted (7.3.2016) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 3 para. 19(2)(a); S.I. 2015/490, art. 2(1)(b) (with savings and transitional provisions in S.I. 2015/492 (as amended by S.I. 2015/1660))

F6Word in s. 85(4)(c)(i) omitted (7.3.2016) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 3 para. 19(2)(b)(ii); S.I. 2015/490, art. 2(1)(b) (with savings and transitional provisions in S.I. 2015/492 (as amended by S.I. 2015/1660))

F7Words in s. 85(4)(c)(i) substituted (3.3.2015) by Pension Schemes Act 2015 (c. 8), s. 89(1)(a), Sch. 3 para. 17(a) (with s. 87)

F9Words in s. 85(4)(e) inserted (3.3.2015) by Pension Schemes Act 2015 (c. 8), s. 89(1)(a), Sch. 3 para. 17(b) (with s. 87)

F10S. 85(4)(f) inserted (3.3.2015) by Pension Schemes Act 2015 (c. 8), s. 89(1)(a), Sch. 3 para. 17(c) (with s. 87)

F11Words in s. 85(5) substituted (1.3.2014 for specified purposes, 1.6.2014 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 10(4); S.I. 2014/377, art. 2(1)(b)(3), Sch. Pt. 2

F12S. 85(5)(b) omitted (7.3.2016) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 3 para. 19(3)(a); S.I. 2015/490, art. 2(1)(b) (with savings and transitional provisions in S.I. 2015/492 (as amended by S.I. 2015/1660))

F14Word in s. 85(5)(c)(i) omitted (7.3.2016) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 3 para. 19(3)(b)(ii); S.I. 2015/490, art. 2(1)(b) (with savings and transitional provisions in S.I. 2015/492 (as amended by S.I. 2015/1660))

F15Words in s. 85(6) substituted (1.3.2014 for specified purposes, 1.6.2014 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 10(5); S.I. 2014/377, art. 2(1)(b)(3), Sch. Pt. 2

F16Words in s. 85(7) substituted (1.3.2014 for specified purposes, 1.6.2014 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 10(5); S.I. 2014/377, art. 2(1)(b)(3), Sch. Pt. 2

F17S. 85(8) inserted (1.3.2014 for specified purposes, 1.6.2014 in so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 10(6); S.I. 2014/377, art. 2(1)(b)(3), Sch. Pt. 2

Modifications etc. (not altering text)

Commencement Information

I1S. 85 in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

I2S. 85 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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