PART 3B

Central counterparties and central securities depositories

Regulatory principles
30E
1
These are the regulatory principles referred to in section 30D(1)(a)—
a
the need to use the resources of the Bank in the most efficient and economic way;
b
the principle that a burden or restriction which is imposed on a person, or on the carrying on of an activity, should be proportionate to the benefits, considered in general terms, which are expected to result from the imposition of that burden or restriction;
c
the desirability of sustainable growth in the economy of the United Kingdom in the medium or long term, including in a way consistent with contributing towards achieving compliance by the Secretary of State with section 1 of the Climate Change Act 2008 (UK net zero emissions target) and section 5 of the Environment Act 2021 (environmental targets) where the Bank considers the exercise of its FMI functions to be relevant to the making of such a contribution;
d
the general principle that consumers should take responsibility for their decisions;
e
the responsibilities of the senior management of FMI entities subject to requirements imposed by or under FSMA 2000, including those affecting consumers, in relation to compliance with those requirements;
f
the desirability where appropriate of the Bank exercising its FMI functions in a way that recognises differences in the nature of, and objectives of, businesses carried on by different persons;
g
the desirability in appropriate cases of the Bank publishing information relating to persons on whom requirements are imposed as a result of the exercise of the Bank’s FMI functions, or requiring such persons to publish information, as a means of contributing to the advancement by the Bank of its Financial Stability Objective and its objective under section 30D(2);
h
the principle that the Bank should exercise its FMI functions as transparently as possible;
i
the desirability of facilitating fair and reasonable access to FMI services.
2
For the purposes of subsection (1) “
consumer
” has the same meaning as in section 3B of FSMA 2000 (and for these purposes includes in particular persons who receive FMI services).
Pt. 3B inserted (1.1.2024 at 1.00 a.m. for the insertion of ss. 30E(1)(c), 30I(2) for specified purposes, 1.1.2025 for the insertion of s. 30E(1)(c) for specified purposes, 1.2.2025 for the insertion of s. 30I(2) so far as not already on force) by Financial Services and Markets Act 2023 (c. 29), ss. 48, 86(3); S.I. 2023/1382, regs. 10(d), 12(b), 13 (with reg. 16(1))