1987 No. 907 (C.24)

FINANCIAL SERVICES

The Financial Services Act 1986 (Commencement) (No. 5) Order 1987

Made

The Secretary of State, in exercise of his powers under section 211(1) of the Financial Services Act 19861, hereby makes the following Order.

1

This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 5) Order 1987.

2

Section 206(4) of the Financial Services Act 1986 shall come into force on 15th May 1987.

3

The provisions of the Financial Services Act 1986 specified in the first column of the Schedule hereto shall come into force on 4th June 1987.

Michael HowardParliamentary Under Secretary of State,Department of Trade and Industry

SCHEDULEPROVISIONS OF FINANCIAL SERVICES ACT 1986 COMING INTO FORCE ON 4TH JUNE 1987

ARTICLE 3

Provisions of Act

Subject matter of provisions

Section 8

Self-regulating organisations.

Section 9

Applications for recognition by self-regulating organisations.

Section 10

Grant and refusal of recognition of self-regulating organisations.

Section 11

Revocation of recognition of self-regulating organisations.

Section 13

Alteration of rules of recognised self-regulating organisations for protection of investors.

Section 14

Notification requirements.

Section 15 except insofar as it has the effect of conferring authorisation

Certification by professional bodies.

Section 16

Professional bodies.

Section 17

Applications for recognition by professional bodies.

Section 18

Grant and refusal of recognition of professional bodies.

Section 19

Revocation of recognition of professional bodies.

Section 21

Notification requirements.

Section 36(2) and (3)

Investment exchanges.

Section 37 except insofar as it has effect in relation to a body or association of the kind described in section 40(1) of the Act

Grant and revocation of recognition of investment exchanges other than overseas investment exchanges.

Section 38(2) and (3)

Clearing houses.

Section 39 except insofar as it has effect in relation to a body or association of the kind described in section 40(1) of the Act

Grant and revocation of recognition of clearing houses other than overseas clearing houses.

Section 41

Notification requirements.

Section 46

Power to extend or restrict exemptions.

Section 48

Conduct of business rules.

Section 49

Financial resources rules.

Section 50

Modification of conduct of business and financial resources rules for particular cases.

Section 51

Cancellation rules.

Section 52

Notification regulations.

Section 54

Compensation Fund.

Section 55

Clients money.

Section 56 insofar as it is necessary in order to enable regulations to be made under section 56(1)

Unsolicited calls.

Section 102

Register of authorised persons and recognised organisations etc.

Section 103

Inspection of register.

Section 104(2) and (3)

Power to call for information.

Section 107

Appointment of auditors.

Section 110

Auditors for overseas business.

Section 112(1) to (4)

Application fees for recognition orders under Chapter III or IV of Part I of the Act.

Section 113(1)

Periodical fees — recognised self-regulating organisations, professional bodies, investment exchanges and clearing houses.

Section 119

Prevention of restrictive trade practices — recognised self-regulating organisations, investment exchanges, clearing houses.

Section 120

Modification of section 119 where recognition function is transferred.

Section 122

Reports by Director-General of Fair Trading.

Section 123

Investigations by Director-General of Fair Trading.

Section 124 5(1) to (7)

Consequential exemption from competition law — The Restrictive Trade Practices Act 19762.

Section 127

Modifications of Restrictive Trade Practices Act 1976 in relation to recognised professional bodies.

Section 129 insofar as is necessary to bring into force paragraphs 3(1), (2) and (4) and 4(1) to (4) of Schedule 10 to the Act, and those paragraphs of that Schedule

Application of investment business provisions to regulated insurance companies.

Section 138(1), (2) and (6)

Insurance brokers.

Section 140 insofar as is necessary to bring into force paragraphs 2 to 5, 7 to 16, 18 to 20, 24, 38 and 42 of Schedule 11 to the Act and those paragraphs of that Schedule

Friendly Societies.

Section 187 insofar as not yet in force

Exemption from liability in damages.

Section 190

Data Protection Act 19843.

Section 191

Occupational Pension Schemes.

Section 198(3)(b)

Power to petition for winding-up on information obtained under Act — Northern Ireland.

Section 200(1)(a) insofar as it has effect in relation to an application for a recognition order under Chapter III or IV of Part I of the Act

False and misleading statements in connection with applications.

Section 200(1)(b) insofar as it has effect in relation to a requirement imposed by or under any provision brought into force by this Order

False and misleading statements in purported compliance with requirements imposed by or under Act.

Section 200(3) and (4)

False and misleading statements as to recognised status.

Section 200(5) to (8) insofar as it has effect in relation to any provision brought into force by this Order

False and misleading statements — supplementary provisions.

Section 206(1) to (3)

Publication of information or advice.

Section 211(3) insofar as is necessary to bring into force paragraphs 4, 5, and 6 of Schedule 15 to the Act, and those paragraphs of that Schedule

Transitional provisions.

Section 212(2) insofar as is necessary to bring into force paragraph 27(b) of Schedule 16, and that paragraph of that Schedule

Consequential amendment.

Schedule 2

Requirements for recognition of self-regulating organisations.

Schedule 3

Requirements for recognition of recognised professional body.

Schedule 4

Requirements for recognition of recognised investment exchange.

(This note is not part of the Order)

This Order brings into force on 15th May 1987 those provisions of the Financial Service Act 1986 which enable the Secretary of State to transfer the function of publishing information and advice to a designated agency.

This Order brings into force on 4th June 1987 those provisions of the Financial Services Act 1986 which are necessary to enable recognition to be granted to self-regulating organisations (including self-regulating organisations for friendly societies), professional bodies and to investment exchanges and clearing houses whose head offices are situated in the United Kingdom. The Order also brings into force on the same date the provisions of the Act relating to withdrawal of recognition from organisations of the kind just described, to information to be supplied by them, to fees payable by them and to their position under competition law and the Data Protection Act 1984. Provisions of the Act concerning immunity from actions in damages and false and misleading statements made in connection with applications for recognition, recognised status and requirements imposed on recognised organisations are also brought into force on that date.

The Order also brings into force on the same date provisions which will enable rules and regulations to be made under Chapter V of Part I of and Schedule 11 to the Act.

The Order also brings into force on the same date the provisions of the Act relating to the maintenance and inspection of the register of authorised persons and recognised organisations etc, to the giving of information and advice, to the appointment of auditors by authorised persons and to communications by auditors with supervisory authorities.

The Order also brings into force on 4th June 1987 provisions concerning rules which may be made under the Insurance Brokers (Registration) Act 1977 (c. 46) and the meaning of the expression "authorised insurer' in that Act. Provisions concerning the position under the Act of managers of occupational pension schemes are also brought into force on that date.

(This note is not part of the Order)

The following provisions of the Financial Service Act 1986 have been brought into force by commencement orders made before the date of this Order;

Provision

S.I. No

ss.1 and 2

1986/2246

s.5 (partially)

1986/2246

ss.35, 42 and 45 (partially)

1986/2246

s.63

1987/623

ss.105 and 106

1986/2246

ss.114 to 118

1986/2246

s.121

1986/2246

s.122 and 123 (partially)

1986/2246

ss.124, 126 and 128

1986/2246

ss.129, 132 and 134 (partially)

1986/2246

s.137

1986/2246

s.138, 139 and 140 (partially)

1986/2246

s.141

1986/2246

s.142 to 153

1986/2246

s.154 (partially)

1986/2246

ss.155 to 157

1986/2246

s.172

1986/2246

s.173

1986/2246

s.174 (partially)

1986/2246

s.176

1986/2246

177

1986/1940

s.178 (partially)

1986/19401986/2246

s.179

1986/19401986/2246

s.180

1986/1940

s.181

1986/2246

s.182

1986/19401986/2031

s.183 (partially)

1987/623

s.184 (partially)

1987/623

s.185

1987/623

s.186 (partially)

1987/623

s.187 (partially)

1986/2246

s.188

1986/2246

s.189 (partially)

1986/2246

s.192

1986/2246

s.198 (partially)

1986/19401986/2246

s.199

1986/19401986/2246

s.200 (partially)

1986/19401986/2246

s.201 (partially)

1986/19401986/22461987/623

ss. 202 and 203

1986/19401986/2246

s.204

1986/2246

ss.205, 207, 209 and 210

1986/19401986/2246

s.211 (partially)

1986/20311986/2246

s.212

1986/20311986/2246

Schedule 1 (partially)

1986/2246

Schedules 7, 8 and 9

1986/2246

Schedules 10 and 11 (partially)

1986/2246

Schedule 12

1986/2246

Schedule 13

1986/19401986/20311986/2246

Schedule 14 (partially)

1986/2246

Schedule 15 (partially)

1986/20311986/2246

Schedule 16 (partially)

1986/2246

Schedule 17 (partially)

1986/20311986/2246

The word (“partially”) is used where the provision has been brought into force in part, or for a limited purpose or for a limited area.