Financial Services and Markets Act 2000

[F1 PART 11 U.K. Policy statements

Textual Amendments

F1 Sch. 2A inserted (1.9.2023 for specified purposes) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 6 (as amended (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 100(3)(b)); S.I. 2023/934, reg. 2(a)

Policy statements U.K.

71 (1) Each UK regulator must prepare and issue a statement of its policy with respect to— U.K.

(a) its powers to vary or cancel a Schedule 2A permission under Part 4 or 5 of this Schedule other than on a notification by the Gibraltar regulator,

(b) its powers to impose, vary or cancel requirements under Part 6 of this Schedule, other than on a notification by the Gibraltar regulator, and

(c) its power to give directions under Part 7 of this Schedule.

(2) Where a UK regulator has issued a statement under sub-paragraph (1), it may prepare and issue a revised statement.

(3) In exercising a power described in sub-paragraph (1), a UK regulator must have regard to any relevant statement of policy issued under this paragraph and in force at the time.

Policy statements: procedure U.K.

72 (1) Before issuing a statement under paragraph 71(1) or (2), a UK regulator must— U.K.

(a) publish a draft of the proposed statement in the way appearing to it to be best calculated to bring it to the attention of the public,

(b) publish a notice stating that representations may be made to the UK regulator within the period specified in the notice, and

(c) have regard to any representations made to it in accordance with the notice.

(2) If the UK regulator issues the proposed statement, it must publish—

(a) the statement, and

(b) an account in general terms of—

(i) the representations made to it in accordance with the notice, and

(ii) its response to them.

(3) If the statement issued differs from the draft published under sub-paragraph (1) in a way which, in the opinion of the UK regulator, is significant, the UK regulator must publish details of the differences (as well as complying with sub-paragraph (2)).

(4) A UK regulator—

(a) must give a copy of a statement issued under paragraph 71(1) or (2) to the Treasury before publishing it, and

(b) may charge a reasonable fee for providing a person with a copy of such a statement or a draft statement published under this paragraph.

(5) Anything published by a UK regulator under this paragraph must be published in the way appearing to the UK regulator to be best calculated to bring it to the attention of the public.]