Financial Services and Markets Act 2000 Explanatory Notes

Financial Services and Markets Act 2000

2000 CHAPTER 8

Commentary on Sections

Part Xiii: Incoming Firms: Intervention by Authority

Section 195: Exercise of power in support of overseas regulator

395. This section enables the Authority to exercise its intervention power at the request of, or for the purpose of assisting, an overseas regulatory authority (“ORA”).  The Authority may exercise its powers under this section whether or not the grounds set out in the previous section are met.  Authorities in other EEA States who are competent authorities under the single market directives are automatically ORAs.  Other overseas authorities, from the EEA or elsewhere, which have functions equivalent to those set out in subsection (4) are also ORAs.

396. When the Authority receives a request from an EEA competent authority, it must consider whether it is obliged to exercise the powers under the relevant directive.  In other cases, the Authority may exercise its discretion, taking account of the factors listed in subsection (6).

397. Undersubsection (7) the Authority may make its use of its powers conditional on the ORA making an appropriate contribution toward the cost of taking the action.