PART 6

Investigation of complaints against regulators

Relevant functions in relation to complaints scheme
85
1
This section has effect for the interpretation of the reference in section 84(1)(a) to the relevant functions of the regulators.
2
The relevant functions of the FCA or the PRA are its functions other than its legislative functions.
3
The relevant functions of the Bank of England are its functions under Part 18 of FSMA 2000 (recognised clearing houses) or under Part 5 of the Banking Act 2009 (inter-bank payment systems), other than its legislative functions.
4
For the purposes of subsection (2), the following are the FCA's legislative functions—
a
making rules under FSMA 2000;
b
issuing codes under section 64 or 119 of FSMA 2000;
c
issuing statements under—
i
section 63C, 64, 69, 88C, 89S, 93, 124, 131J, 138N, 192H, 192N, 210 or 312J of FSMA 2000,
ii
section 345D of FSMA 2000 (whether as a result of section 345(2) or 345A(3) or section 249(1) of that Act), or
iii
section 80 of the Financial Services Act 2012;
d
giving directions under section 316, 318 or 328 of FSMA 2000;
e
issuing general guidance, as defined in section 139B(5) of FSMA 2000.
5
For the purposes of subsection (2), the following are the PRA's legislative functions—
a
making rules under FSMA 2000;
b
issuing codes under section 64 of FSMA 2000;
c
issuing statements under—
i
section 63C, 64, 69, 192H, 192N, 210 or 345D of FSMA 2000, or
ii
section 80 of the Financial Services Act 2012;
d
giving directions under section 316 or 318 of FSMA 2000;
e
issuing guidance under section 2I of FSMA 2000.
6
For the purposes of subsection (3), the following functions of the Bank of England under Part 18 of FSMA 2000 are legislative functions—
a
making rules;
b
issuing statements—
i
under section 312J, or
ii
by virtue of the application by Schedule 17A of a provision mentioned in subsection (5)(c)(i) of this section.
7
For the purposes of subsection (3), the following functions of the Bank of England under Part 5 of the Banking Act 2009 are legislative functions—
a
publishing principles or codes of practice under sections 188 and 189;
b
preparing statements under section 198(3).
S. 85 in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3