Search Legislation

The Financial Services and Markets Act 2000 (Commencement No. 5) Order 2001

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2001 No. 2632 (C. 87)

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Commencement No. 5) Order 2001

Made

19th July 2001

The Treasury, in exercise of the powers conferred on them by section 431(2) of the Financial Services and Markets Act 2000(1) (“the Act”), hereby make the following Order:

1.  (1)  This Order may be cited as the Financial Services and Markets Act 2000 (Commencement No. 5) Order 2001.

(2) In this Order, “section 19 day” means the day on which section 19 of the Act comes into force.

2.  (1)  20th July 2001 is the day appointed for the coming into force of the provisions of the Act listed in Part 1 of the Schedule to this Order, for all purposes.

(2) 3rd September 2001 is the day appointed for the coming into force of the provisions of the Act listed in Part 2 of that Schedule, for the purposes indicated there (or, where no purposes are indicated, for all purposes).

Tony McNulty

Graham Stringer

Two of the Lords Commissioners of Her Majesty’s Treasury

19th July 2001

Article 2

SCHEDULE

PART 1PROVISIONS COMING INTO FORCE ON 20TH JULY 2001

  • Section 355 (insolvency: interpretation)

  • Section 360 (application to insurers of law on administration)

  • Section 372 (bankruptcy petitions), for the purpose of making rules

  • Section 378 (treatment of assets on winding up)

  • Section 379 (winding-up rules)

PART 2PROVISIONS COMING INTO FORCE ON 3RD SEPTEMBER 2001

  • Subsection (1)(c) of section 31 (authorised persons), for the purpose of introducing Schedule 4 to the extent brought into force by this Order

  • Section 37 (exercise of EEA rights by UK firms), for the purpose of introducing Part III of Schedule 3, to the extent brought into force by this Order

  • Section 40 (application for permission)

  • Section 41(2) and (3) (the threshold conditions)

  • Sections 42 and 43 (permission), for the purposes of permissions coming into force not sooner than section 19 day, and applications for such permissions

  • Sections 44 to 47 (variation and cancellation of Part IV permission), for the purposes of variations or cancellations taking effect not sooner than section 19 day, and applications for such variations or cancellations

  • Section 48 (prohibitions and restrictions)

  • Section 49 (connected persons)

  • Section 50 (additional permissions)

  • Sections 51 and 52 (procedure)

  • Sections 53 and 54 (exercise of own-initiative power: procedure), for the purposes of variations and cancellations taking effect not sooner than section 19 day

  • Sections 55 (right to refer matters to the Tribunal)

  • Sections 56 to 58 (prohibition orders), for the purposes of prohibition orders coming into force not sooner than section 19 day

  • Section 59 to 63 (approval for particular arrangements), for the purposes of approvals coming into force not sooner than section 19 day, and applications for such approvals

  • Part IX (hearings and appeals), so far as not already in force

  • Section 148 (modification or waiver of rules)

  • Part XI (information gathering and investigations), so far as not already in force

  • Section 193 (interpretation of Part XIII)

  • Sections 194 to 197 and 199 (incoming firms: intervention by the Authority), for the purposes of requirements (as mentioned in section 196) taking effect not sooner than section 19 day

  • Sections 200 to 202 (supplemental)

  • Sections 242 to 245 (authorised unit trust schemes), for the purposes of authorisation orders coming into force not sooner than section 19 day, and applications for such orders

  • Section 246 (certificates for unit trust schemes), for the purposes of certificates coming into force not sooner than section 19 day

  • Section 250 (modification or waiver of trust scheme rules and scheme particulars rules)

  • Sections 251 (except subsection (4)(b)) and 252 (alterations of schemes etc., for the purposes of the giving of notice of any proposal to alter a scheme, or to replace its trustee or manager, not sooner than section 19 day, and the giving of approval to any such proposal

  • Sections 254 to 256 (ending of authorisation)

  • Sections 257 and 259 to 261 (powers of intervention), for the purposes of directions coming into force not sooner than section 19 day

  • Section 264 (schemes constituted in other EEA States), for the purposes of—

    (a)

    the giving of notice under subsection (1) of intention to make invitations not sooner than section 19 day; and

    (b)

    the giving of notice under subsections (2) or (6)

  • Section 265 (representations and references to the Tribunal), except subsection (3)

  • Section 270 (schemes authorised in designated countries or territories), for the purposes of—

    (a)

    the giving of notice under subsection (1)(c); and

    (b)

    the giving of notice of approval under subsection (1)(d)(i) coming into force not sooner than section 19 day

  • Section 271 (refusal of approval under section 270: procedure), except subsection (2)

  • Sections 272 to 276 (individually recognised overseas schemes), for the purposes of orders (and applications for orders) coming into force not sooner than section 19 day

  • Section 277 (alteration of schemes etc.), except subsection (2)(b), for the purposes of—

    (a)

    the giving of notice under subsection (1) of any proposal to alter a scheme not sooner than section 19 day, and the giving of approval to any such proposal; and

    (b)

    the giving of notice under subsection (3) of any proposal to replace an operator, trustee or depositary not sooner than section 19 day

  • Sections 279 to 282 (revocation of recognition)

  • Sections 287 to 289 and 292(1) (recognised investment exchanges and clearing houses)

  • Sections 290 and 292(2) to (5), for the purposes of recognition orders coming into force not sooner than section 19 day

  • Section 294 (recognised bodies: modification or waiver of rules)

  • Section 297 (revoking recognition)

  • Section 298 (directions and revocation: procedure), for the purposes of revocation orders under section 297

  • Sections 302 and 303 (competition scrutiny of recognised bodies: interpretation and initial report by Director)

  • Section 305 (investigations by Director), for the purposes of section 303

  • Section 306 (consideration by Competition Commission), for the purposes of reports issued by the Director under section 303

  • Section 307 (recognition orders: role of the Treasury)

  • Section 310 (procedure on exercise of certain powers by the Treasury), for the purposes of section 307

  • Sections 311 and 312 (exclusion from the Competition Act 1998(2))

  • Section 314 (Lloyds: Authority’s general duty)

  • Subsections (3) to (5) of section 315 (the Society: authorisation and permission)

  • Section 320(3) and (4) and section 321 (requirements imposed on former underwriting members), for the purposes of requirements taking effect not sooner than section 19 day

  • Section 325(4) (duty of designated professional bodies to cooperate with the Authority)

  • Sections 328 and 329 (professions: directions and orders in relation to the general prohibition)

  • Section 330 (consultation)

  • Section 331 (procedure on making or varying orders under section 329)

  • Section 350 (disclosure of information by the Inland Revenue)

  • Section 352 (offences), so far as not already in force

  • Section 354 (Authority’s duty to co-operate with others)

  • Sections 387 to 394 (notices)

  • Section 405 (directions in relation to third countries)(3), except subsection (1)(c) and (d)

  • Section 407(1) and (2) (consequences of a direction under section 405)

  • Section 408 (EFTA firms), for the purposes of determinations coming into force not sooner than section 19 day

  • Section 413 (limitation on power to obtain documents)

  • Section 418 (carrying on regulated activities in the United Kingdom)

  • Section 432(1) (minor and consequential amendments etc.), for the purpose of introducing Schedule 20 so far as brought into force by this Order

  • Paragraphs 7 and 8 of Schedule 1 (investigation of complaints against the Authority), so far as not already in force

  • In Part III of Schedule 3 (exercise of EEA passport rights by UK firms)(4)—

    (a)

    paragraph 19 (establishment), for the purposes of the giving of notice under sub-paragraph (2) of intention to establish a branch not sooner than section 19 day; and

    (b)

    paragraph 20 (services), for the purposes of the giving of notice under sub-paragraph (1) of intention to provide services not sooner than section 19 day

  • In Schedule 4 (Treaty rights)—

    (a)

    paragraph 1;

    (b)

    paragraph 3, for the purposes of issuing certificates under sub-paragraph (4); and

    (c)

    paragraph 5, for the purposes of giving notice under sub-paragraph (2) of intention to carry on regulated activities not sooner than section 19 day

  • In Schedule 6 (threshold conditions)—

    (a)

    paragraphs 1 to 7; and

    (b)

    paragraphs 8 and 9, so far as not already in force

  • Schedule 13 (the Financial Services and Markets Tribunal), so far as not already in force

  • Schedule 15 (information and investigations: connected persons)

  • In Schedule 20 (minor and consequential amendments)—

    (a)

    paragraph 1(b);

    (b)

    paragraph 2(b);

    (c)

    paragraph 3; and

    (d)

    paragraph 7 (except sub-paragraph (3)(a)).

Explanatory Note

(This note is not part of the Order)

This Order brings into force, on 20th July 2001, the provisions of the Financial Services and Markets Act 2000 (“the Act”) listed in Part 1 of the Schedule. These are provisions relating to insolvency, including powers to make subordinate legislation.

In addition the Order brings into force, on 3rd September 2001, the provisions of the Act listed in Part 2 of the Schedule. They include provisions relating to the making of applications and the granting of permissions to come into force on the day on which section 19 of the Act comes into force, and the doing of other preparatory acts in advance of that day. (Section 19 contains the “general prohibition” on carrying on regulated activities unless authorised or exempt.)

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

ProvisionDate of commencementS.I. No.
ss. 22, 38, 41(1), 79(3), 86, 87(4), (5), 103, 118(3), (4), (10), 132(3), 134, 135, 137(6), 142 (except (5)), 144(4), (5), 145(5), 192(a), 215(6), (8), (9), 235 to 237, 239(1) to (3), 262, 286, 313, 326, 334(1), (2), 335, 336(1), (2), 337, 338(1), (2), 339, 342(5), 343(5), 351(7), 353, 397(9) to (14), 409, 414(1) to (3), 416(4), (5), 417, 419 to 423, 424(1), (2), 425 to 427, 429, Schedule 2, Schedule 9 (except for paragraph 7), Schedule 11, para. 6(2) of Schedule 12 and para. 9 of Schedule 1325th February 20012001/516 (C. 21)
ss. 20(3), 21, 39(1), 47(1), (3), 71(2), (3), 75(3), 108, 150(3) to (5), 168(4)(b), 183(2), 188(2), 202(2), 213(10), 214(5), 224(4), 238, 264(1), (3)(c), 270, 284(2), 327(6), 349, 402(1)(b), 412, 424(3), Schedule 3, paragraphs 8 and 9 of Schedule 6, paragraph 19 of Part II of Schedule 19 (for the purposes of making regulations/orders)25th February 20012001/516 (C. 21)
ss. 31(1)(b), 37, 111(2), 132(1), 132(4) (partially)25th February 20012001/516 (C. 21)
ss. 416(1)(c) and (3)(a)30th April 20012001/1282 (C. 48)
ss. 432(3) and Schedule 22 (for the purpose of repealing the Insurance Brokers (Registration) Act 1977)30th April 20012001/1282 (C. 48)
ss. 1 to 11, 64, 65, 69, 70, 72, 73, 74(4), (5), 79 (so far as already not in force), 84, 87 (so far as not already in force), 88(1) to (3), 89(1), 93, 94, 96, 99, 100, 101, 102, 119 to 121, 124, 125, 138 to 141, 144 and 145 (so far as not already in force), 146, 147, 149, 152 to 164, 210 to 212, 213 to 217 (so far as not already in force), 218, 222, 225, 230, 234, 239 (so far as not already in force), 247, 248, 266, 278, 283(1), 299, 317, 319, 323, 324, 332, 340, 348, 349 (so far as not already in force), 350(3), (7), 351 (so far as not already in force), 380, 382, 395, 396, 398, 399, 400, 401, 403, 410, 414, 415, Schedule 1 (except paragraphs 7 and 8), Schedule 7, Schedule 8, Schedule 9 (so far as not already in force), Schedule 14, Schedule 17, Schedule 19 (so far as not already in force)18th June 20012001/1820 (C. 62)
ss. 59, 75(1), 77(1), (2), (4), 81(1), (5), 82(1), (5), (7), 98(1), 136, 143, 150, 226, 227, 229, 238, 293, 295, 322 and Schedule 3 (for the purpose of making rules)18th June 20012001/1820 (C. 62)
ss. 51, 60, 148, 182, 242, 274, 287, 288, 294, 316 and 318 (for the purposes of giving directions and/or imposing requirements)18th June 20012001/1820 (C. 62)
ss. 31(1)(b), 169, 223 and 352 (partially)18th June 20012001/1820 (C. 62)
paragraph 6 of Schedule 20 and s. 432(1) (partially)3rd July 20012001/2364 (C. 81)
paragraphs 6 and 7 of Schedule 1 (partially)19th July 20012001/2364 (C. 81)
(3)

Section 405 was amended by S.I. 2000/2952, reg. 8(3).

(4)

Part III of Schedule 3 was amended by S.I. 2000/2952, reg. 8(5) and by S.I. 2001/1376.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources