Explanatory Notes

Financial Services Act 2012

2012 CHAPTER 21

19 December 2012

Commentary

Part 2 - Amendments of Financial Services and Markets Act 2000

Miscellaneous amendments of FSMA 2000

Section 47: International obligations

498.Section 47 amends section 410 of FSMA. Section 410 enables the Treasury to direct “relevant persons” not to take proposed action if it appears to the Treasury that action would be incompatible with European Union obligations or any other international obligations of the United Kingdom. The Treasury may also direct a relevant person to take action which that person has power to take where that action is required for the purpose of implementing any such obligation.

499.The effect of section 47 is to provide that the FCA, the PRA and the Bank of England when exercising functions conferred on it by Part 18 of FSMA are “relevant persons” for this purpose and so can be the subject of a direction under section 410.