PART 6Investigation of complaints against regulators
I1C1I2C2C3C485Relevant 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.
F22
The relevant functions of the FCA or the PRA are—
a
its functions conferred by or under FSMA 2000, other than its legislative functions F19and its standards review functions, and
b
such other functions as the Treasury may by order provide.
F33
The relevant functions of the Bank of England are—
a
b
such other functions as the Treasury may by order provide.
4
For the purposes of F4subsection (2)(a), the following are the FCA's legislative functions—
a
making rules under FSMA 2000;
b
issuing codes under section F11... 119 of FSMA 2000;
c
issuing statements under—
i
ii
section 345D of FSMA 2000 (whether as a result of section 345(2) or 345A(3) or section 249(1) F1or 261K(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) F23... of FSMA 2000.
F24f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20g
making technical standards in accordance with Chapter 2A of Part 9A of FSMA 2000;
h
making EU Exit instruments under the Financial Regulators’ Powers (Technical Standards) (Amendment etc.) (EU Exit) Regulations 2018.
F184A
For the purposes of subsection (2)(a), the FCA's standards review functions are the FCA's functions under sections 9(2) and 10 of the Financial Guidance and Claims Act 2018 (approving and reviewing standards set by single financial guidance body).
5
For the purposes of F5subsection (2)(a), the following are the PRA's legislative functions—
a
making rules under FSMA 2000;
F13b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
issuing statements under—
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.
F21f
making technical standards in accordance with Chapter 2A of Part 9A of FSMA 2000;
g
making EU Exit instruments under the Financial Regulators’ Powers (Technical Standards) (Amendment etc.) (EU Exit) Regulations 2018.
6
For the purposes of F6subsection (3)(a), 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 F7subsection (3)(a), 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).
F88
For the purposes of subsection (2), sections 1A(6) and F152AB(3) of FSMA 2000 do not apply.