PART 6Investigation of complaints against regulators

I1C185Relevant functions in relation to complaints scheme

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).