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Financial Guidance and Claims Act 2018

Territorial extent and application

Single Financial Guidance Body

  1. The single financial guidance body will deliver its pensions guidance function, money guidance function, consumer protection function and strategic function UK-wide.
  2. The single financial guidance body’s debt advice function will only apply to England.
  3. A cold-calling ban created through regulations may apply to any or all of England, Northern Ireland, Scotland and Wales or any combination of these.
  4. A debt respite scheme created through regulations may apply in England only, England and Wales, England and Northern Ireland or in England, Wales and Northern Ireland.
  5. The full detail of the territorial extent and application of the sections is set out at Annex A.

Claims Management Services

  1. The Financial Conduct Authority will regulate claims management services being provided within Great Britain only, and Part 2 of the Act, which deals with claims management services, therefore extends to England, Scotland and Wales with the exception of section 27(14) and Schedule 4, and section 30 and section 32 (PPI claims: interim restriction on charges before the transfer of regulation to the FCA) which deal with matters relating to claims management services under the current regulatory regime that is limited to England and Wales only, and the new section 35 (cold calling about claims management services) which extends to England, Wales, Scotland and Northern Ireland.
  2. Sections 27 to 34 relate to competition and consumer protection which are reserved matters under the Scotland Act 1998 and so outside the legislative competence of the Scottish Parliament except for the provision that enables a designated consumer body to make a complaint to the Financial Conduct Authority in relation to the claims management market in section 27(6). As this falls within the consumer advocacy exception to the C7 consumer protection reservation, it is the Government’s view that a legislative consent motion is triggered in respect of that provision only.
  3. See the table in Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.
  4. Sections 30 and 32 and Schedule 4, received English Votes for English Laws consent on 24 April 2018.

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