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Financial Services and Markets Bill [HL]

243amendments tabled against this printing

A bill to Make provision about the regulation of financial services and markets; and for connected purposes.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 — Consumers and credit unions

1 Consumer credit

(1) Part 1 of Schedule 1 contains amendments to the Consumer Credit Act 1974.
(2) Part 2 of Schedule 1 contains minor and consequential amendments to other legislation.

2 Credit union common bond

(1) Section 1A of the Credit Unions Act 1979 (common bonds appropriate to a credit union) is amended as follows.
(2) In subsection (2)
(a) in paragraph (a), after “following” insert “, or having retired from, ”;
(b) in paragraph (b), after “employed” insert “, or having retired from being employed,”;
(c) in paragraph (c)
(i) after “residing” insert “, studying”;
(ii) after “employed” insert “, or having retired from being employed,”.
(3) In subsection (3), for “and”, in the first place it occurs, substitute “or”.

3 Access to banking services

(1) The Treasury may by regulations make such provision as they consider appropriate in connection with providing access to banking services.
(2) In making regulations, the Treasury must have regard to any recommendations of the independent review into in-person banking access, announced by the Economic Secretary to the Treasury in a statement to the House of Commons on 14 May 2026.
(3) Regulations under subsection (1) may (among other things)—
(a) confer functions on the Financial Conduct Authority, including a power or duty to make rules;
(b) amend an Act of Parliament;
(c) make provision by reference to any rules or other instruments as they have effect from time to time;
(d) make different provision for different purposes;
(e) make supplementary, incidental, consequential, transitional or saving provision.
(4) Regulations under subsection (1) are to be made by statutory instrument.
(5) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Part 2 — Complaints and consumer redress

The ombudsman scheme

4 The Financial Ombudsman

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) For “the ombudsman”, in each place it occurs (except where it occurs in the phrase “the ombudsman scheme”), substitute “the Financial Ombudsman”.
(3) For “an ombudsman”, in each place it occurs, substitute “the Financial Ombudsman”.
(4) For “ombudsman’s”, in each place it occurs, substitute “Financial Ombudsman’s”.
(5) In section 225 (the ombudsman scheme), in subsection (1), after “an independent person” insert “, referred to in this Act as “the Financial Ombudsman””.
(6) In section 230A (reports of determinations), in subsection (2), omit “who makes the determination”.
(7) In section 417(1) (definitions), after the definition of “the FCA” insert—
the Financial Ombudsman has the meaning given in section 225(1);
.
(8) In Schedule 17 (the ombudsman scheme: supplementary provision)—
(a) omit Part 1 (general);
(b) before Part 2 insert—

Part 1A — The Financial Ombudsman

Appointment of the Financial Ombudsman

1A
(1) The Financial Ombudsman is to be appointed by the scheme operator with the approval of the Treasury.
(2) The scheme operator may not appoint a person as the Financial Ombudsman unless the scheme operator is satisfied that the person has appropriate qualifications and experience to perform the functions of the Financial Ombudsman.
(3) The Financial Ombudsman may be appointed on such terms (including terms as to the duration and termination of their appointment and as to remuneration) as the scheme operator considers are—
(a) consistent with the independence of the person appointed, and
(b) otherwise appropriate.
(4) Appointment as the Financial Ombudsman does not confer the status of Crown servant.

Exercise of functions by members of staff

1B Any function of the Financial Ombudsman may be performed by any member of staff made available to the Financial Ombudsman by the scheme operator who is authorised for that purpose by the Financial Ombudsman.
;
(c) in paragraph 3 (constitution of the scheme operator), in sub-paragraph (4), omit “4, 5”;
(d) omit paragraph 4 (the panel of ombudsmen) and the italic heading before it;
(e) omit paragraph 5 (the Chief Ombudsman) and the italic heading before it;
(f) in paragraph 6 (status of the scheme operator), omit sub-paragraph (3);
(g) in paragraph 7 (annual reports), in sub-paragraph (1)(b), for “Chief” substitute “Financial”;
(h) in paragraph 18 (scheme terms of reference), in sub-paragraph (5), for paragraph (d) substitute—
(d) the Financial Ombudsman.

5 Appointment of chair of scheme operator

(1) In Schedule 17 to the Financial Services and Markets Act 2000 (the ombudsman scheme), paragraph 3 (constitution of the scheme operator) is amended as follows.
(2) In sub-paragraph (1)
(a) in paragraph (a), for “chairman” substitute “chair”;
(b) in paragraph (b), for “chairman” substitute “chair”.
(3) After sub-paragraph (1) insert—
(1A) The chair is to be appointed by the Treasury.
(1B) A person appointed as the chair—
(a) is to be appointed for an initial period of three years;
(b) may be re-appointed for one further period of three years beginning with the end of the initial period;
(c) may resign their appointment by notice in writing to the Treasury;
(d) may be removed from office by the Treasury before the end of the period for which they are appointed—
(i) on the grounds of incapacity or serious misconduct, or
(ii) on the grounds that in all the circumstances their financial or other interests are such as to have a material effect on the extent of the functions that it would be proper for them to discharge.
(1C) The terms of the chair’s appointment must be such as to secure their independence from the Treasury and the FCA in the operation of the scheme.
(4) In sub-paragraph (2)
(a) omit “chairman and”;
(b) omit the words from “(acting” to the end.
(5) In sub-paragraph (3), after “appointment” insert “by the FCA”.
(6) In sub-paragraph (5)
(a) in paragraph (a), for “chairman” substitute “chair”;
(b) in paragraph (b), for “chairman” substitute “chair”.
(7) A person who is the chair of the scheme operator when the amendments made by this section come into force—
(a) continues to be the chair of the scheme operator until the end of the period for which they were appointed;
(b) may be re-appointed by the Treasury for one further period of three years beginning with the end of that period.

6 Time limits for making complaints under the compulsory jurisdiction

(1) In Schedule 17 to the Financial Services and Markets Act 2000 (the ombudsman scheme), paragraph 13 (FCA rules relating to compulsory jurisdiction) is amended as follows.
(2) In sub-paragraph (1)
(a) in paragraph (a), omit “(determined in accordance with the rules) has expired”;
(b) in paragraph (b), omit “has expired”.
(3) After sub-paragraph (1) insert—
(1A) The “applicable time limit” is the earlier of—
(a) the end of the period of ten years beginning with the act or omission to which the complaint relates, and
(b) a time determined in accordance with the rules (which may provide for different times in relation to different cases).
(1B) But the rules may provide in specified circumstances for the applicable time limit to be a later time.
(4) Omit sub-paragraph (2).
(5) The amendments made by this section have effect in relation to any complaint made under section 226 of the Financial Services and Markets Act 2000 (complaints under the compulsory jurisdiction) after this section comes into force, whether or not the act or omission to which the complaint relates occurred before this section comes into force.

7 Referral of matters to the FCA

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) to (4).
(2) After section 227 insert—

Referral of matters to the FCA

227A Referral of matters to the FCA

(1) The Financial Ombudsman must notify the FCA of a matter relating to a complaint under the ombudsman scheme if the Financial Ombudsman considers that—
(a) the matter has, or has the potential to have, significant implications in relation to the functioning of relevant markets, and
(b) any conditions specified in regulations under subsection (3) are met.
(2) The Financial Ombudsman must request an opinion from the FCA as to the interpretation of rules made by the FCA if the Financial Ombudsman considers that—
(a) the interpretation of those rules is relevant to the determination of a complaint under the ombudsman scheme,
(b) the rules are ambiguous as to how they apply to the complaint, and
(c) any conditions specified in regulations under subsection (3) are met.
(3) The Treasury may by regulations specify conditions that must be met for the Financial Ombudsman to be required to give notice under subsection (1) or make a request under subsection (2).
(4) On receiving notice of a matter under subsection (1), the FCA must consider—
(a) whether the matter has, or has the potential to have, significant implications in relation to the functioning of relevant markets;
(b) whether the matter raises an issue of law, and, if so, whether to make an application to the court to decide the issue (where the FCA would otherwise have standing to make such an application).
(5) On receiving a request relating to a complaint under subsection (2), the FCA must consider—
(a) whether any matter relating to the complaint has, or has the potential to have, significant implications in relation to the functioning of relevant markets;
(b) whether any matter relating to the complaint raises an issue of law, and, if so, whether to make an application to the court to decide the issue (where the FCA would otherwise have standing to make such an application).
(6) In considering whether a matter has, or has the potential to have, significant implications in relation to the functioning of relevant markets, the FCA must consider whether to consult one or more of—
(a) the FCA Practitioner Panel,
(b) the Smaller Business Practitioner Panel,
(c) the Markets Practitioner Panel,
(d) the Consumer Panel, and
(e) the Listing Authority Advisory Panel.
(7) Section 227B makes provision about how the FCA is to respond to a notice under subsection (1).
(8) Section 227C makes provision about how the FCA is to respond to a request under subsection (2).
(9) In this section and sections 227B and 227C
(a) “relevant markets” has the meaning given by section 1F;
(b) “rules” includes rules made by the FCA under another enactment.

227B Response by FCA to notice of significant implications

(1) This section applies if the Financial Ombudsman notifies the FCA under section 227A(1) of a matter relating to a complaint under the ombudsman scheme.
(2) If the FCA considers that the matter has, or has the potential to have, significant implications in relation to the functioning of relevant markets, the FCA—
(a) must give notice of that fact to the Financial Ombudsman, and
(b) may direct the Financial Ombudsman not to determine the complaint until the direction is revoked.
(3) If the FCA makes an application to the court to decide an issue of law it considers to be raised by the matter, the FCA—
(a) must give notice of the application to the Financial Ombudsman, and
(b) may direct the Financial Ombudsman not to determine the complaint until the direction is revoked.
(4) The FCA is not otherwise required to respond to the Financial Ombudsman’s notice.
(5) A direction under subsection (2)(b) or (3)(b) may be revoked by notice at any time.
(6) If, having given notice to the Financial Ombudsman under subsection (2)(a), the FCA does not intend to take any further action in relation to the matter apart from giving an opinion requested under section 227A(2) (if any), the FCA—
(a) must give notice of that fact to the Financial Ombudsman, and
(b) must revoke any direction given under subsection (2)(b) (if not previously revoked).
(7) If, having given notice to the Financial Ombudsman under subsection (3)(a), the application is finally decided, the FCA—
(a) must give notice of the decision to the Financial Ombudsman,
(b) must revoke any direction given under subsection (3)(b) (if not previously revoked), and
(c) must consider whether any changes are required to rules made or guidance given by the FCA as a result of the decision.
(8) The application is finally decided—
(a) if the decision on the application is not appealed against, when the period for bringing an appeal ends;
(b) if the decision on the application is appealed against and not set aside in consequence of the appeal, when the appeal is disposed of by the appeal being decided and the time for bringing a subsequent appeal (if any) expires.

227C Response by FCA to request for opinion about rules

(1) This section applies if the Financial Ombudsman makes a request to the FCA under section 227A(2) for an opinion as to the interpretation of rules made by the FCA in relation to a complaint under the ombudsman scheme.
(2) If—
(a) the FCA does not consider that any matter relating to the complaint has, or has the potential to have, significant implications in relation to the functioning of relevant markets, and
(b) the FCA—
(i) does not consider any issue of law to be raised by any matter relating to the complaint, or
(ii) does not make any application to the court to decide any such issue,
the FCA must give the opinion requested to the Financial Ombudsman.
(3) If the FCA considers that a matter relating to the complaint has, or has the potential to have, significant implications in relation to the functioning of relevant markets, the FCA—
(a) must give notice of that fact to the Financial Ombudsman, and
(b) may direct the Financial Ombudsman not to determine the complaint until the direction is revoked.
(4) If the FCA makes an application to the court to decide an issue of law it considers to be raised by a matter relating to the complaint, the FCA—
(a) must give notice of the application to the Financial Ombudsman, and
(b) may direct the Financial Ombudsman not to determine the complaint until the direction is revoked.
(5) A direction under subsection (3)(b) or (4)(b) may be revoked by notice at any time.
(6) The FCA may, despite giving notice under subsection (3)(a) or (4)(a), give the opinion requested to the Financial Ombudsman at any time.
(7) If, having given notice to the Financial Ombudsman under subsection (3)(a), the FCA does not intend to take any further action in relation to the matter apart from giving an opinion requested under section 227A(2), the FCA—
(a) must give notice of that fact to the Financial Ombudsman,
(b) must revoke any direction given under subsection (3)(b) (if not previously revoked), and
(c) must give the opinion requested to the Financial Ombudsman (if not previously given).
(8) If, having given notice to the Financial Ombudsman under subsection (4)(a), the application is finally decided, the FCA—
(a) must give notice of the decision to the Financial Ombudsman,
(b) must revoke any direction given under subsection (4)(b) (if not previously revoked),
(c) must give an opinion to the Financial Ombudsman as to any implications of the decision, and
(d) must consider whether any changes are required to rules made or guidance given by the FCA as a result of the decision.
(9) The application is finally decided—
(a) if the decision on the application is not appealed against, when the period for bringing an appeal ends;
(b) if the decision on the application is appealed against and not set aside in consequence of the appeal, when the appeal is disposed of by the appeal being decided and the time for bringing a subsequent appeal (if any) expires.
(10) An opinion given under subsection (2), (6) or (7)(c) must explain how the FCA interpreted the rules at the time at which the act or omission complained of occurred in relation to any matter that is relevant to the complaint.
(11) An opinion given under subsection (8)(c) must explain how, had the decision been made before the time at which the act or omission complained of occurred, the FCA would have interpreted the rules at that time in relation to any matter that is relevant to the complaint.
(12) Nothing in an opinion given under this section is to be treated as guidance given by the FCA for any purpose under this Act.

227D Power of Treasury to make provision about responses by FCA

(1) The Treasury may by regulations require the FCA to give notice or an opinion under section 227B or 227C at or before a time specified in the regulations.
(2) The Treasury may by regulations—
(a) require the FCA to give one or more interim responses to the Financial Ombudsman before giving notice or an opinion under section 227B or 227C;
(b) require the FCA to do so at or before a time specified in the regulations.
(3) Regulations under subsection (1) or (2)(b) may specify different times in different circumstances.
(3) In paragraph 8 of Schedule 1ZA (arrangements for discharge of functions by the FCA), in sub-paragraph (3)(d), after “section” insert “227B, 227C”.
(4) In Schedule 17 (the ombudsman scheme: supplementary provision)—
(a) in paragraph 14 (scheme rules), after sub-paragraph (3) insert—
(3ZA) The scheme operator must make scheme rules—
(a) allowing a complainant or respondent to a complaint under the compulsory jurisdiction to ask the Financial Ombudsman to give notice or make a request to the FCA under section 227A in relation to that complaint, and
(b) where a complainant or respondent to a complaint under the compulsory jurisdiction has asked the Financial Ombudsman to give such notice or make such a request, requiring the Financial Ombudsman to decide whether or not the Financial Ombudsman is required to do so under that section.
;
(b) before paragraph 20 (voluntary jurisdiction rules: procedure) and the italic heading before it insert—

Voluntary jurisdiction rules: referrals to the FCA

19A The scheme operator must make voluntary jurisdiction rules—
(a) allowing a complainant or respondent to a complaint under the voluntary jurisdiction to ask the Financial Ombudsman to give notice or make a request to the FCA under section 227A in relation to that complaint, and
(b) where a complainant or respondent to a complaint under the voluntary jurisdiction has asked the Financial Ombudsman to give such notice or make such a request, requiring the Financial Ombudsman to decide whether or not the Financial Ombudsman is required to do so under that section.
(5) In section 85 of the Financial Services Act 2012 (relevant functions in relation to regulator complaints scheme), in subsection (4)(d), before “316” insert “227B, 227C,”.
(6) The amendments made by this section have effect in relation to any complaint made under Part 16 of the Financial Services and Markets Act 2000 (complaints under the ombudsman scheme) after this section comes into force, whether or not the act or omission to which the complaint relates occurred before this section comes into force.

8 Determination of complaints under the compulsory jurisdiction

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 228 (determination of complaints under the compulsory jurisdiction of the ombudsman scheme), for subsection (2) substitute—
(2) A complaint may be determined in favour of the complainant only if, in the opinion of the Financial Ombudsman—
(a) at the time the disputed act or omission occurred, either—
(i) the act or omission did not comply with an FCA rule applying to the respondent, or
(ii) there was no FCA rule applying to the respondent that related to the act or omission, and
(b) the disputed act or omission was not fair and reasonable in all the circumstances of the case.
Section 228A makes further provision in relation to this subsection.
(3) After section 228 insert—

228A Determination under the compulsory jurisdiction: further provision

(1) This section applies for the purposes of section 228(2) (test for determining complaints under the compulsory jurisdiction in favour of the complainant).
(2) “The disputed act or omission” means the act or omission to which the complaint relates.
(3) “FCA rule” means any rule made by the FCA, whether under this Act or another enactment.
(4) In determining whether an FCA rule applied to the respondent or related to the disputed act or omission, or whether the disputed act or omission did not comply with an FCA rule, the Financial Ombudsman must (to the extent relevant) take into account—
(a) any law relating to the act or omission;
(b) any opinion given by the FCA under section 227C relating to the FCA rule;
(c) anything else published by the FCA relating to the FCA rule;
(d) any other matters specified in regulations made by the Treasury.
(5) In determining whether the disputed act or omission was fair and reasonable in all the circumstances of the case, the Financial Ombudsman must (to the extent relevant) take into account—
(a) the effect that the act or omission had on the complainant and the respondent;
(b) the effect that the respondent acting differently (or, as the case may be, not acting) would have had on the complainant and the respondent;
(c) the general principle that consumers (within the meaning given by section 1G) should take responsibility for their decisions;
(d) any law relating to the act or omission;
(e) anything published by the FCA or other regulators (including rules, guidance or standards) relating to the act or omission;
(f) any voluntary codes of practice relating to the act or omission, to the extent they applied to the respondent;
(g) any other matters specified in regulations made by the Treasury.
(4) In Schedule 17 (the ombudsman scheme: supplementary provision), in paragraph 14(2), omit paragraph (a).
(5) The amendments made by this section have effect in relation to any complaint made under section 226 of the Financial Services and Markets Act 2000 (complaints under the compulsory jurisdiction) after this section comes into force, whether or not the act or omission to which the complaint relates occurred before this section comes into force.

9 General reports by the scheme operator and FCA

In Part 16 of the Financial Services and Markets Act 2000 (the ombudsman scheme), after section 230A insert—

230B General reports

(1) The scheme operator and the FCA must, at such times as they consider appropriate, jointly publish a report about matters relating to the ombudsman scheme.
(2) The report may include such information, guidance or advice as the scheme operator and the FCA consider appropriate.

Consumer redress schemes

10 Consumer redress schemes: general

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) to (4).
(2) In section 404 (consumer redress schemes), for subsection (1) substitute—
(1) This section applies if—
(a) it appears to the FCA that there may have been a failure by relevant firms to comply with requirements applicable to the carrying on by them of any activity,
(b) it appears to the FCA that, as a result, consumers have suffered, or may suffer, loss or damage, and
(c) the FCA considers that it is desirable to make rules for the purpose of securing that redress is made to the consumers in respect of the failure (having regard to the possibility of the consumers obtaining redress under the ombudsman scheme).
(3) In section 404E (meaning of “consumers”), in subsection (6), omit the definition of “payment service provider”.
(4) In section 404F (other definitions relating to consumer redress schemes), after subsection (6) insert—
(6ZA) References in sections 404 and 404E to a “payment service provider” are references to a person who is a payment service provider for the purposes of the Payment Services Regulations 2017 as a result of falling within any of paragraphs (a) to (g) of the definition in regulation 2(1) of those Regulations.
(5) In Schedule 18 to the Financial Services Act 2012 (minor and consequential amendments), omit paragraph 18.

11 Consumer redress schemes and the ombudsman scheme

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 404B (consumer redress schemes: complaints to the ombudsman scheme)—
(a) at the beginning insert—
(A1) If—
(a) a consumer makes a complaint under the ombudsman scheme in respect of an act or omission of a relevant firm, and
(b) the subject-matter of the complaint falls to be dealt with under a consumer redress scheme (whether or not it does at the time it is made),
the Financial Ombudsman must refer the complaint to the respondent for the complaint to be dealt with under the consumer redress scheme instead.
;
(b) omit subsections (1) and (1A);
(c) after subsection (2) insert—
(2ZA) A consumer may not otherwise make a complaint under the ombudsman scheme if the subject-matter of the complaint has been dealt with under a consumer redress scheme.
;
(d) omit subsections (2B) and (3);
(e) for subsection (4) substitute—
(4) A complaint under subsection (2) is to be determined by reference to the rules under which the consumer redress scheme was established.
;
(f) in subsection (5), for “relevant complaint” substitute “complaint under subsection (2)”;
(g) in subsection (8), for “relevant complaint” substitute “complaint under subsection (2)”;
(h) in subsection (10), for “relevant complaints” substitute “complaints under subsection (2)”;
(i) omit subsection (12);
(j) after subsection (13) insert—
(14) In this section, “consumer redress scheme” includes a scheme which corresponds to, or is similar to, a consumer redress scheme established under rules under section 404, which is established by virtue of—
(a) the variation by the FCA of a permission or authorisation of a person in order to impose requirements to establish such a scheme, or
(b) an agreement between a person and the FCA to establish such a scheme.
The reference in paragraph (a) to the variation of a permission or authorisation by the FCA is to be read in accordance with section 404F(8).
(15) The reference in subsection (4) to the rules under which a consumer redress scheme was established is to be read—
(a) where the scheme was established under requirements described in subsection (14)(a), as a reference to the requirements;
(b) where the scheme was established under an agreement described in subsection (14)(b), as a reference to the agreement.
(3) In Schedule 17 (the ombudsman scheme), in paragraph 13(1)(b), for “a relevant complaint within the meaning of section 404B” substitute “a complaint under section 404B(2)”.
(4) The amendments made by this section
(a) apply in relation to a complaint under the ombudsman scheme made before this section comes into force;
(b) do not apply in relation to a consumer redress scheme established before this section comes into force.

Power to prevent certain action in relation to complaints

12 Power to prevent certain action in relation to complaints

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) and (3).
(2) After section 404G insert—

Power to prevent certain action in relation to complaints

404H Power to prevent certain action in relation to complaints

(1) This section applies if it appears to the FCA that there may have been a failure by a relevant firm to comply with requirements applicable to the carrying on by them of any activity.
(2) “Relevant firm” means—
(a) an authorised person,
(b) a payment service provider, or
(c) an electronic money issuer.
(3) The FCA may by directions impose such requirements as the FCA considers appropriate on a relevant person, or a description of relevant persons, for the purposes of preventing that relevant person, or a relevant person falling within that description, from taking action in relation to a complaint relating to an act or omission of that relevant firm.
(4) “Relevant person” means—
(a) a relevant firm,
(b) a person acting for or on behalf of a relevant firm,
(c) the Financial Ombudsman, or
(d) a person acting for or on behalf of the Financial Ombudsman.
(5) A requirement may require a relevant person to take specified action as well as to refrain from taking specified action.
(6) A direction under this section—
(a) may specify the way in which, and the time by which, a thing is to be done;
(b) may be varied;
(c) may be expressed to have effect during a specified period or until revoked.
(7) The FCA may at any time revoke a direction under this section by notice.
(8) The revocation of a direction does not affect the validity of anything previously done in accordance with it.
(9) A direction or notice under this section must be given in writing to the relevant person or persons to whom it applies.
(10) But if, in the circumstances, the FCA considers it appropriate, the FCA may, in addition to or instead of proceeding under subsection (9), publish the direction or notice in the way appearing to the FCA to be best calculated to bring it to the attention of relevant persons likely to be affected by it.
(11) The imposition of a requirement that expires at the end of a specified period does not affect the FCA’s power to impose a new requirement.
(12) In this section—
(a) “payment service provider” means a person who is a payment service provider for the purposes of the Payment Services Regulations 2017 as a result of falling within any of paragraphs (a) to (g) of the definition in regulation 2(1) of those Regulations;
(b) “electronic money issuer” means a person mentioned in paragraph (a), (b), (c), (d), (h) or (i) of the definition of “electronic money issuer” in regulation 2(1) of the Electronic Money Regulations 2011.
(3) In paragraph 8 of Schedule 1ZA (arrangements for discharge of functions by the FCA), in sub-paragraph (3)(d), for “or 328” substitute “, 328 or 404H”.
(4) In section 85 of the Financial Services Act 2012 (relevant functions in relation to regulator complaints scheme), in subsection (4)(d), for “or 328” substitute “, 328 or 404H”.

Part 3 — Regulators

Consolidation and coordination of regulators

13 Abolition of the Payment Systems Regulator

(1) The Payment Systems Regulator is abolished.
(2) Part 5 of the Financial Services (Banking Reform) Act 2013 (regulation of payment systems) is omitted (including Schedules 4 and 5 to that Act).
(3) Schedule 2 makes provision about the regulation of payment systems.

14 Anti-money laundering and counter-terrorist financing supervision

(1) The Sanctions and Anti-Money Laundering Act 2018 is amended as follows.
(2) In section 49 (money laundering and terrorist financing etc)—
(a) after subsection (1) insert—
(1A) An appropriate Minister may by regulations make provision for the purpose of enabling or facilitating cooperation between—
(a) a supervisory authority, and
(b) a prescribed person with responsibility for regulating or supervising a relevant person otherwise than under this Part (whether or not, in doing so, the person exercises public functions),
in connection with the regulation or supervision of relevant persons (whether or not under this Part).
(1B) The power in subsection (1A) may be exercised to permit or require disclosure by a supervisory authority of information held in connection with the authority’s functions under this Part to a prescribed person.
;
(b) in subsection (3), after the definition of “money laundering” insert—
relevant persons has the meaning given by paragraph 24 of Schedule 2;
supervisory authority has the meaning given by that paragraph;
.
(3) In section 54 (regulations: general), in subsection (2)(a), after “made)” insert “or changing the scope of an offence”.
(4) In Schedule 2
(a) in paragraph 1, for “, regulations under” to the end substitute
(a) regulations under section 49(1) can do any thing mentioned in paragraphs 2 to 17;
(b) regulations under section 49(1A) can do any thing mentioned in paragraph 15.
;
(b) in paragraph 20, after “under section 49” insert “(1)”;
(c) in paragraph 23(1), after “under section 49” insert “(1)”.

15 Regulator meetings: representatives

(1) In Schedule 2A to the Bank of England Act 1998 (Financial Policy Committee)—
(a) in paragraph 10(1), for “4” substitute “3”;
(b) at the end of paragraph 11 insert—
(9) The Chief Executive of the FCA may, with the approval of the Governor of the Bank, appoint a representative to attend meetings of the Committee in place of the Chief Executive.
(10) A representative appointed under sub-paragraph (9)
(a) must be an officer or employee of the FCA;
(b) may not be a person disqualified for appointment under paragraph 6;
(c) is to be treated as a member of the Committee while attending a meeting as described in sub-paragraph (9);
(d) is not to be treated as an eligible member of the Committee for the purposes of paragraph 15.
;
(c) in paragraph 12, for “or (5)” substitute “, (5) or (10)(c)”.
(2) In Schedule 6A to the Bank of England Act 1998 (Prudential Regulation Committee)—
(a) at the end of paragraph 12 insert—
(7) The chief executive of the Financial Conduct Authority may, with the approval of the Governor of the Bank, appoint a representative to attend meetings of the Committee in place of the chief executive.
(8) A representative appointed under sub-paragraph (7)
(a) must be an officer or employee of the Financial Conduct Authority;
(b) may not be a person disqualified for appointment under paragraph 8;
(c) is to be treated as a member of the Committee while attending a meeting as described in sub-paragraph (7);
(d) is not to be treated as an eligible member of the Committee for the purposes of paragraph 16.
;
(b) omit paragraph 13.
(3) In Schedule 1ZA to the Financial Services and Markets Act 2000 (the Financial Conduct Authority)—
(a) at the end of paragraph 2 insert—
(7) The Bank’s Deputy Governor for prudential regulation may, with the approval of the chair of the governing body of the FCA, appoint a representative to attend meetings of the governing body in place of the Deputy Governor.
(8) A representative appointed under sub-paragraph (7)
(a) must be an officer or employee of the Bank;
(b) is to be treated as a member of the governing body while attending a meeting as described in sub-paragraph (7).
;
(b) omit paragraph 6.

Functions of the regulators

16 FCA and PRA long-term strategies and recommendations

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) to (7).
(2) In the italic heading before section 1JA, for “Recommendations” substitute “Long-term strategy and recommendations”.
(3) Before section 1JA insert—

1JZA Long-term strategy

(1) The FCA must publish a document (a “strategy”) setting out its strategic priorities for the next 5 years after publication of the strategy.
(2) The FCA’s strategic priorities must include strategic priorities in relation to—
(a) its strategic objective,
(b) its operational objectives and its payment systems objectives, and
(c) the supervision of authorised persons and regulation of participants in regulated payment systems.
(3) A strategy may specify a shorter period after publication for which the strategy is to have effect, but must explain why that shorter period is appropriate.
(4) In preparing or revising a strategy, the FCA must have regard to—
(a) its general duties under section 1B,
(b) the regulatory principles in section 3B,
(c) recommendations of the Treasury under section 1JA,
(d) the importance of payment systems—
(i) in maintaining the stability of, and confidence in, the UK financial system, and
(ii) in relation to the performance of functions by the Bank of England in its capacity as a monetary authority,
(e) the principles in section 21(2) of the Legislative and Regulatory Reform Act 2006, and
(f) the code of practice under section 22 of that Act.
(5) A strategy must set out how the strategic priorities described take account of the matters referred to in subsection (4).
(6) A strategy may cross-refer to other publicly-available documents.
(7) A strategy may be revised by publishing a revised version of the strategy.
(8) Publishing a revised version of the strategy does not—
(a) change the period for which the strategy has effect, or
(b) affect anything done before it is published.
(9) A strategy may be replaced by publishing a replacement strategy.
(10) A replacement strategy must be published before the end of the period for which the current strategy has effect.
(11) A document published under subsection (7) or (9) must specify whether it is a revised version of the current strategy or a replacement strategy.
(4) In section 1JA (recommendations by Treasury in connection with general duties)—
(a) in the heading, omit “in connection with general duties”;
(b) in subsection (1), for the words from “considering” to the end substitute “preparing or revising a strategy under section 1JZA.”;
(c) in subsection (2A), for paragraphs (a) and (b) substitute—
(a) both—
(i) the manner in which the FCA has prepared or revised, or intends to prepare or revise, a strategy under section 1JZA in light of the recommendation, and
(ii) the action the FCA has taken or intends to take in light of any part of the strategy so prepared or revised, or
(b) the reasons why the FCA has not prepared or revised, or does not intend to prepare or revise, a strategy under section 1JZA in light of the recommendation.
(5) For section 2E (PRA strategy) substitute—

2E Long-term strategy

(1) The PRA must publish a document (a “strategy”) setting out its strategic priorities for the next 5 years after publication of the strategy.
(2) The PRA’s strategic priorities must include strategic priorities in relation to—
(a) its objectives and the secondary objectives listed in section 2H, and
(b) the supervision of PRA-authorised persons.
(3) A strategy may specify a shorter period after publication for which the strategy is to have effect, but must explain why that shorter period is appropriate.
(4) In preparing or revising a strategy, the PRA must have regard to—
(a) its general duties under sections 2B, 2C, 2D(3) and 2H,
(b) the regulatory principles in section 3B,
(c) recommendations of the Treasury under section 30B of the Bank of England Act 1998,
(d) the principles in section 21(2) of the Legislative and Regulatory Reform Act 2006, and
(e) the code of practice under section 22 of that Act.
(5) A strategy must set out how the strategic priorities described take account of the matters referred to in subsection (4).
(6) A strategy may cross-refer to other publicly-available documents.
(7) A strategy may be revised by publishing a revised version of the strategy.
(8) Publishing a revised version of the strategy does not—
(a) change the period for which the strategy is to have effect, or
(b) affect anything done before it is published.
(9) A strategy may be replaced by publishing a replacement strategy.
(10) A replacement strategy must be published before the end of the period for which the current strategy has effect.
(11) A document published under subsection (7) or (9) must specify whether it is a revised version of the current strategy or a replacement strategy.
(12)

Before publishing a strategy (including a replacement strategy), the PRA must consult, and share a draft with, the court of directors of the Bank of England.

This duty does not apply to publishing a revised version of a strategy.

(6) In paragraph 11(1) of Schedule 1ZA (FCA annual reports), after paragraph (da) insert—
(db) the extent to which, in its opinion, it has implemented its strategy published under section 1JZA,
.
(7) In paragraph 19(1) of Schedule 1ZB (PRA annual reports), after paragraph (b) insert—
(bza) the extent to which, in its opinion, it has implemented its strategy published under section 2E,
.
(8) In section 30B of the Bank of England Act 1998 (recommendations by Treasury)—
(a) in subsection (1), for the words from “regard” to the end substitute “regard when preparing or revising a strategy under section 2E of the Financial Services and Markets Act 2000.”;
(b) in subsection (2A), for paragraphs (a) and (b) substitute—
(a) both—
(i) the manner in which the Prudential Regulation Committee has prepared or revised, or intends to prepare or revise, a strategy under section 2E of the Financial Services and Markets Act 2000 in light of the recommendation, and
(ii) the action the Prudential Regulation Committee has taken or intends to take in light of any part of the strategy so prepared or revised, or
(b) the reasons why the Prudential Regulation Committee has not prepared or revised, or does not intend to prepare or revise, a strategy under that section in light of the recommendation.

17 Requirements to have regard to the regulatory principles

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 1B (the FCA’s general duties), omit subsection (5)(a).
(3) In section 138I(2)(d) (consultation by the FCA)—
(a) for the first comma substitute “and”;
(b) omit “and (5)(a)”.
(4) In section 2H (secondary objective and duty to have regard to the regulatory principles)—
(a) in the heading omit “and duty to have regard to the regulatory principles”;
(b) omit subsection (2).
(5) In section 3B (regulatory principles to be applied by both regulators), in subsection (1), for “1B(5)(a) and 2H(2)” substitute “1JZA(4)(b) and 2E(4)(b)”.
(6) In section 3D (duty of FCA and PRA to ensure co-ordinated exercise of functions), in subsection (1), omit paragraph (c).
(7) In section 131V (FCA rules), in subsection (5), omit “and (5)(a)”.
(8) In section 131Z2 (exclusion and modification of other FCA duties), omit subsection (2).
(9) In paragraph 28 of Schedule 1ZA (FCA engagement with Parliamentary committees), in sub-paragraph (4)
(a) at the end of paragraph (b) insert “and”;
(b) omit paragraph (c) (and the “and” after it).
(10) In Schedule 1ZB (the PRA)—
(a) in paragraph 20 (consultation about annual report), in sub-paragraph (1)(c), omit “and has considered the regulatory principles in section 3B”;
(b) in paragraph 36 (PRA engagement with Parliamentary committees), in sub-paragraph (4)
(i) at the end of paragraph (a) insert “and”;
(ii) omit paragraph (b) (and the “and” after it).
(11) In Schedule 17A (further provision in relation to exercise of Part 18 functions, or other FMI function, by Bank of England), in paragraph 33B (Bank engagement with Parliamentary committees), in sub-paragraph (1), for paragraph (e) substitute—
(e) after sub-paragraph (4)(a), there were inserted—
(b) demonstrate that the Bank has had regard to the regulatory principles in section 30E of the Bank of England Act 1998 when preparing the proposals, and
;
.

18 FCA and PRA reporting and consultation requirements

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) Omit section 1K (FCA guidance about objectives) and the italic heading before it.
(3) Omit section 2I (PRA guidance about objectives).
(4) In section 3M (directions relating to consolidated supervision of groups), in subsection (7), omit paragraph (e).
(5) In section 55X (determination of Part 4A applications: warning notices and decision notices)—
(a) in subsection (1), in the words before paragraph (a), after “proposes” insert “without the agreement of the applicant”;
(b) in subsection (4)
(i) in the words before paragraph (a), after “decides” insert “without the agreement of the applicant”;
(ii) omit paragraph (f) (and the “or” before it);
(c) after subsection (4) insert—
(4A) If a regulator decides to refuse an application under this Part, it must give the applicant a decision notice.
(6) In section 138IA(8) (FCA Cost Benefit Analysis Panel), for the words from “employed by persons” to the end substitute “each employed by a different—
(a) authorised person, or
(b) person who is otherwise subject to rules made by the FCA, whether made under this Act or another enactment.
(7) In section 138L (consultation: general exemptions)—
(a) in subsection (3), for “listed in subsection (4)” substitute “mentioned at the beginning of subsections (1) and (2)”;
(b) omit subsection (4);
(c) in subsection (5)(a), for “138I(2)(a) or 138J(2)(a)” substitute “138I(1)(b), (2) and (3), 138J(1)(b), (2) and (3) or 138K(1) and (2)”;
(d) in subsection (5)(b), for “138I(5)(a) or 138J(5)(a)” substitute “138I(4) to (5), 138J(4) to (5) or 138K(3) and (4)”;
(e) after subsection (5) insert—
(6) But subsection (3) does not disapply section 138I(4) to (4D) and (5)(b) or 138J(4) to (4D) and (5)(b) in relation to the making of rules in a case where subsection (3) did not disapply section 138I(1)(b), (2) and (3) or 138J(1)(b), (2) and (3) in relation to the proposed rules to which they relate.
(8) In section 139A (power of the FCA to give guidance), omit subsections (3), (4), (5), (7), (8) and (9).
(9) In section 139B (notification of FCA guidance to the Treasury), in subsection (6), for “has the same meaning as in section 139A.” substitute “means—
(a) an authorised person, or
(b) any person who is otherwise subject to rules made by the FCA.
(10) In section 339A (general duties of PRA in relation to auditors)—
(a) in subsection (5), omit paragraph (a);
(b) omit subsection (6).
(11) In section 339B (duty to meet auditors of certain institutions), omit subsections (1), (3) and (4).
(12) In paragraph 11(1) of Schedule 1ZA (FCA annual report), omit paragraphs (d), (e), (f), (g), (h), (ha), (i), (ia) and (ic), and the paragraph (ib) inserted by section 37(2)(b) of the Financial Services and Markets Act 2023.
(13) In Schedule 1ZB (the PRA)—
(a) in paragraph 19(1) (PRA annual report), omit paragraphs (bb), (c), (d), (f), and (fa);
(b) in paragraph 21A (other reports), in sub-paragraph (1)(a) for “(f)” substitute “(fb)”.
(14) In Part 2 of Schedule 17A (application to Bank of England)—
(a) in paragraph 9B(9)(h), for “(4)(f)” substitute “(4A)”;
(b) in paragraph 29(a), for “(4)” substitute “(4A)”;
(c) in paragraph 33A(a), for “(f)” substitute “(fb)”.

19 Section 18: related amendments to other enactments

(1) In paragraph 17 of Schedule 6A to the Bank of England Act 1998 (delegation by the Prudential Regulation Committee), in sub-paragraph (9), omit paragraph (d).
(2) In section 85 of the Financial Services Act 2012 (relevant functions in relation to complaints scheme), in subsection (5), omit paragraph (e).
(3) In section 3 of the Financial Guidance and Claims Act 2018 (functions of the single financial guidance body), in subsection (7)(a), for “139A” substitute “139B”.
(4) In paragraph 32(3) of Schedule 7 to the European Union (Withdrawal) Act 2018 (annual reports in certain sub-delegation cases), after “paragraph 30” in the definition of “relevant sub-delegated power”, insert “, except that it does not include a power exercisable by the Bank of England or the Financial Conduct Authority”.

20 Competitiveness and growth objective: reporting requirements

(1) After section 3RE of the Financial Services and Markets Act 2000 (power of Treasury to require making of rules by regulations) insert—

Competitiveness and growth objective: reporting requirements

3RF Annual reports to the Treasury

(1) At least once a year, each regulator must make a report to the Treasury on how it has complied with its duty to advance the competitiveness and growth objective.
(2) The reports prepared by each regulator under subsection (1) must in particular explain—
(a) the action taken by the regulator to ensure that the competitiveness and growth objective is embedded in its operations, processes and decision-making, and
(b) how any rules and guidance that the regulator has made advance that objective.
(3) Each regulator must publish its reports prepared under this section in such manner as it thinks fit.
(4) In this section, references to the competitiveness and growth objective, and the duty to advance that objective, are—
(a) in relation to the FCA, references to its objective in section 1EB and to its duty to advance that objective under section 1B(4A), and
(b) in relation to the PRA, references to its objective in section 2H(1B) and to its duty to advance that objective under section 2H(1)(b).
(5) A report under this section may not be combined in a single document with any other report.
(2) Omit section 26 of the Financial Services and Markets Act 2023 (competitiveness and growth objective: reporting requirements).

21 Amendments to time periods for determination of applications

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 55V (determination of applications: Part 4A)—
(a) in subsection (1), for the words from “6 months” to the end substitute
(a) 4 months beginning with the date on which it received the completed application, or
(b) in the case of an application for the cancellation of a permission, 6 months beginning with the date on which it received the completed application.
;
(b) in subsection (2), for the words from within 12 months to the end substitute before the end of the period of—
(a) 10 months beginning with the date on which it received the application, or
(b) in the case of an application for the cancellation of a permission, 12 months beginning with the date on which it received the application.
;
(c) in subsection (3), for within the period required by substitute before the end of the period specified in;
(d) in subsection (9), for “6 months” substitute “4 months”;
(e) after subsection (10) insert—
(11) The Treasury may by regulations amend this Part for the purpose of changing a period within which applications under this Part must be determined.
(3) In section 61 (determination of applications: Part 5)—
(a) for subsection (3A) substitute—
(3A) “The period for consideration” means—
(a) in the case of a senior management application, the period of 2 months beginning with the date on which the regulator receives the application under section 60,
(b) in the case of any other application, the period of 3 months beginning with the date on which the regulator receives the application under section 60, or
(c) in either case, if—
(i) the applicant is also applying for a Part 4A permission (permission to carry on regulated activities), and
(ii) the period within which that application must be determined under section 55V ends after the period described in paragraph (a) or (b) (as applicable),
the period applicable under section 55V.
;
(b) at the end insert—
(8) The Treasury may by regulations amend this section for the purpose of changing the period for consideration.
(4) In section 63ZA (variation of senior manager’s approval at the request of authorised person)—
(a) in subsection (5), for 3 months substitute 2 months;
(b) after subsection (8) insert—
(9) The Treasury may by regulations amend this section for the purpose of changing the period for consideration.
(5) In section 309L (determining applications under Part 18: period for approval)—
(a) in subsection (2), for 3 months substitute 2 months;
(b) after subsection (5) insert—
(6) The Treasury may by regulations amend this section for the purpose of changing the period for consideration.
(6) In section 309Q (varying approval at request of relevant recognised body), in subsection (4)(b), for 3 months substitute 2 months.
(7) In section 429 (Parliamentary control of statutory instruments), in subsection (2), at the appropriate places, insert “55V(11),”, “61(8),”, “63ZA(9),” and “309L(6),”.
(8) In Schedule 2A (Gibraltar-based persons carrying on activities in the UK), omit paragraph 63 (power to amend time periods for determination of applications).
(9) An amendment made by a provision of this section has effect in relation to applications received by the Financial Conduct Authority, the Prudential Regulation Authority or the Bank of England (as the case may be) on or after the date on which the provision comes into force.

22 Publication requirements under the special resolution regime

(1) The Banking Act 2009 is amended as follows.
(2) In section 24 (procedure: instruments), in subsection (2)(b), for “in two newspapers” substitute “in at least one other way”.
(3) In section 25 (procedure: orders), in subsection (3)(b), for “in two newspapers” substitute “in at least one other way”.
(4) In section 41 (procedure: property transfer), in subsection (2)(b), for “in two newspapers” substitute “in at least one other way”.
(5) In section 48T (procedure: bail-in), in subsection (2)(b), for “in two newspapers” substitute “in at least one other way”.

Part 4 — Carrying on regulated activities: exemption, permission, notification etc

Appointed representatives

23 Exemption of appointed representatives

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 39 (exemption of appointed representatives)—
(a) in subsection (1), omit paragraph (a)(ii);
(b) omit subsections (1ZA) to (1BB);
(c) in subsection (1C), omit paragraph (b)(ii);
(d) omit subsections (7) and (8).
(3) Omit section 39A (certain tied agents operating outside United Kingdom).
(4) In section 347 (the record of authorised persons etc)—
(a) in subsection (1), omit paragraphs (ha) to (hc);
(b) in subsection (2), omit paragraph (j);
(c) omit subsections (2A) to (2C).

24 Permission to act as principal

(1) After section 55NB of the Financial Services and Markets Act 2000 insert—

55NC General requirement relating to appointed representatives

(1) An authorised person must not act as a principal in respect of an appointed representative otherwise than in accordance with permission given by the FCA under this section.
(2) An authorised person who acts as a principal otherwise than in accordance with permission given under this section is taken to have contravened a requirement imposed on the person by the FCA under this Act.
(3) The FCA may give permission under this section on the application of—
(a) an authorised person (but see subsection (11)), or
(b) a person applying for permission under section 55A.
(4) The FCA may give permission under this section—
(a) on the terms sought in the application, or
(b) subject to any other terms the FCA considers appropriate.
(5) The FCA may vary or cancel permission given under this section—
(a) on the application of the person to whom it was given, or
(b) on its own initiative,
and subsection (4) applies to the variation of permission as it applies to the giving of it.
(6) If the FCA gives or varies permission under this section, it must set out the terms on which the permission is given in such a way as it considers appropriate.
(7) The FCA may refuse to grant an application for permission under this section, or for variation or cancellation under subsection (5)(a), if it appears to the FCA that it is desirable to do so in order to advance one or more of its operational objectives.
(8) The FCA may vary or cancel a person’s permission under subsection (5)(b) if it appears to the FCA that—
(a) the person has failed, during a period of at least 12 months, to act as a principal in respect of an appointed representative, or
(b) it is desirable to do so in order to advance one or more of its operational objectives.
(9) The FCA must consult the PRA before giving permission, or varying or cancelling permission given, under this section to—
(a) a person who is, or will on the granting of an application for Part 4A permission be, a PRA-authorised person, or
(b) a person who is a member of a group which includes a PRA-authorised person.
(10) Nothing in this section limits any other power under this Act to impose requirements in relation to acting as principal in respect of appointed representatives.
(11) In subsection (3)(a), “authorised person” does not include an authorised person with a temporary Part 4A permission.
(12) In this section, a reference to acting as a principal includes a reference to accepting responsibility under section 39(1) or (1C).
(2) The Treasury may by regulations make provision to allow the Financial Conduct Authority to give permission to any authorised person who the Financial Conduct Authority considers is, or has been, acting as a principal in respect of an appointed representative during the period—
(a) beginning with the day on which this Act is passed, and
(b) ending with the day on which subsection (1) comes into force.
(3) Regulations under subsection (2) are to be made by statutory instrument and may—
(a) make provision about the terms on which permission is to be given;
(b) permit or require the Financial Conduct Authority to make rules or other instruments;
(c) make provision by reference to any rules or other instruments as they have effect from time to time;
(d) make provision for referrals to the Tribunal;
(e) contain such incidental, supplemental, consequential and transitional provision as the Treasury consider appropriate;
(f) make different provision for different cases.
(4) Permission given in accordance with regulations under subsection (2) is to be treated for all purposes as though it is given under section 55NC of the Financial Services and Markets Act 2000 (as inserted by subsection (1)).
(5) A statutory instrument containing regulations made under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

25 Permission to act as principal: further provision

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 55A (application for permission)—
(a) in subsection (3), for “under this Part” substitute “given by the appropriate regulator under section 55E or 55F”;
(b) for subsection (5) substitute—
(5) In this Act, “a Part 4A permission” means a permission—
(a) given by the appropriate regulator under section 55E or 55F, or
(b) having effect as if so given.
;
(c) omit subsection (6).
(3) In section 55O (imposition of requirements on acquisition of control)—
(a) in subsection (1)(b), after “section 55NA(5)(b)” insert “or 55NC(5)(b)”;
(b) in subsection (2)(a), for “or 55NA” substitute “, 55NA or 55NC”;
(c) in subsection (3)(a), after “section 55NA” insert “or 55NC”.
(4) In section 55R (persons connected with an applicant), in subsection (1)
(a) in paragraph (ba), after “section 55NA” insert “or 55NC”;
(b) in paragraph (bb), after “section 55NA” insert “or 55NC”.
(5) In section 55U (applications under this Part), in subsection (3A)
(a) after “section 55NA” insert “ or 55NC”;
(b) for “permission under that section” substitute “such permission”.
(6) In section 55V (determination of applications), in subsection (5)(e)
(a) after “section 55NA” insert “or 55NC”;
(b) for “permission granted under that section” substitute “such permission”.
(7) In section 55X (determination of applications: warning notices and decision notices)—
(a) in subsection (1)
(i) omit the “or” at the end of paragraph (f);
(ii) after paragraph (g) insert—
(h) to give permission under section 55NC but to exercise its power under subsection (4)(b) of that section, or
(i) to vary permission under section 55NC on the application of an authorised person but to exercise its power under subsection (4)(b) of that section,
;
(b) in subsection (4)
(i) at the end of paragraph (eb) omit “or”;
(ii) after paragraph (eb) insert—
(ec) to give permission under section 55NC but to exercise its power under subsection (4)(b) of that section,
(ed) to vary permission under section 55NC on the application of an authorised person but to exercise its power under subsection (4)(b) of that section, or
.
(8) In section 55Y (exercise of own-initiative power: procedure)—
(a) in subsection (1A)
(i) for “subsection (5)(b) of section 55NA” substitute “section 55NA(5)(b) or 55NC(5)(b)”;
(ii) omit “under that section”;
(b) in subsection (1B), for the second “power” substitute “powers”;
(c) in subsection (4)
(i) in paragraph (c), after “section 55NA” insert “or 55NC”;
(ii) in paragraph (d), after “section 55NA” insert “or 55NC”.
(9) In section 55Z (cancellation of Part 4A permission or permission under section 55NA: procedure)—
(a) in the heading—
(i) omit “Part 4A”;
(ii) omit “or permission under section 55NA”;
(b) in subsection (1), after “section 55NA” insert “or 55NC”;
(c) in subsection (2), after “section 55NA” insert “or 55NC”.
(10) In section 55Z3 (right to refer matters to the Tribunal), in subsection (2A), after “section 55NA(5)(b)” insert “or section 55NC(5)(b)”.

26 Senior management functions: supervision of appointed representatives

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 59 (approval for particular arrangements)—
(a) in subsection (1), after “carrying on by A” insert “, or an appointed representative of A,”;
(b) in subsection (2), after “carrying on by A” insert “, or an appointed representative of A,”;
(c) in subsection (3)(b), after “authorised person” insert “or by an appointed representative”.
(3) In section 59ZA (senior management functions), in subsection (2)—
(a) in the words before paragraph (a), after “an authorised person” insert “or an appointed representative of an authorised person”;
(b) in paragraph (b)
(i) omit the “or” at the end of sub-paragraph (i);
(ii) after sub-paragraph (i) insert—
(ia) in the case of aspects relating to the carrying on of a regulated activity by an appointed representative of the authorised person, for the appointed representative, or
.
(4) In section 63ZB (variation of senior manager’s approval on initiative of regulator)—
(a) in subsection (A1) (as inserted by paragraph 11(3) of Schedule 3 to this Act) after “an authorised person” insert “or an appointed representative of an authorised person”;
(b) in subsection (1), after “an authorised person” insert “or an appointed representative of an authorised person”.
(5) In section 63A (power to impose penalties), in subsection (2)(a), after “carrying on by A” insert “, or an appointed representative of A,”.
(6) In section 64A (rules of conduct), in subsection (5)—
(a) in paragraph (a) (before its substitution by paragraph 18(4)(a) of Schedule 3 to this Act), at the end insert “or an appointed representative of that person”;
(b) in paragraph (a) (as substituted by paragraph 18(4)(a) of Schedule 3 to this Act), at the end insert “or an appointed representative of that person”.
(7) In section 66A (misconduct: action by the FCA), in subsection (7), in the definition of “senior manager”, after “by the authorised person” insert “, or an appointed representative of the authorised person,”.
(8) In section 347 (the record of authorised persons etc), in subsection (8A), in the definition of “senior manager”, after “by the authorised person” insert “, or an appointed representative of the authorised person,”.

27 Conduct of employees, directors, etc: appointed representatives

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 64A (rules of conduct)—
(a) in subsection (1)(c), at the end insert ;
(d) persons who are employees or directors of appointed representatives;
(e) individuals who are appointed representatives;
;
(b) in subsection (5), after paragraph (ab) insert—
(ac) in the case of an employee or director of an appointed representative, or an individual who is an appointed representative, the appointed representative, and
;
(c) in subsection (7)
(i) after the first “authorised person” insert “or appointed representative”;
(ii) after the second “authorised person” insert “or appointed representative”.
(3) In section 66A (misconduct: action by the FCA)—
(a) in subsection (2)(b)
(i) omit the “or” at the end of sub-paragraph (ii);
(ii) at the end of sub-paragraph (iii) insert “or”;
(ii) omit the “or” at the end of sub-paragraph (iii) (as inserted by section 36(3)(b) of this Act);
(iv) after sub-paragraph (iii) insert—
(iv) an employee or director of, or an individual who is, an appointed representative,
;
(b) in subsection (3)(b)
(i) omit the “or” at the end of sub-paragraph (ii);
(ii) after “authorised person” in sub-paragraph (iii) insert , or
(iv) an employee or director of, or an individual who is, an appointed representative
;
(c) in subsection (8), in the definition of “director”, after “authorised person” insert “or appointed representative”.

28 Appointed representatives and the ombudsman scheme

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 226 (compulsory jurisdiction), for subsection (2)(b) substitute—
(b) at the time of the act or omission to which the complaint relates, the respondent was—
(i) an authorised person,
(ii) an appointed representative of an authorised person, regardless of whether the authorised person accepted responsibility under section 39 for the act or omission to which the complaint relates,
(iii) an electronic money issuer within the meaning of the Electronic Money Regulations 2011, or
(iv) a payment service provider within the meaning of the Payment Services Regulations 2017; and
.
(3) In Schedule 17 (the ombudsman scheme: supplementary provision), in paragraph 14, before sub-paragraph (4) insert—
(3B) The scheme operator must make scheme rules for the purpose of ensuring that the Financial Ombudsman may determine a complaint against an appointed representative of an authorised person only if the Financial Ombudsman is satisfied that the authorised person—
(a) has not accepted responsibility under section 39, and
(b) is not otherwise responsible,
for the act or omission to which the complaint relates.
(3C) The scheme operator must make scheme rules for the purpose of providing appointed representatives with appropriate opportunity to participate in proceedings in relation to complaints against authorised persons in circumstances where there is dispute as to whether the authorised person or appointed representative is responsible for the act or omission to which the complaint relates.

Temporary permission under Part 4A

29 Temporary Part 4A permission

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 55A (application for permission)—
(a) in subsection (3), for “is in force” substitute “has effect”;
(b) after subsection (3) insert—
(3A) Subsection (3) does not apply to an authorised person with a temporary Part 4A permission.
(3B) A person who has applied for temporary Part 4A permission may not apply for permission under this section before the application under section 55AA is determined or withdrawn.
(3C) In subsection (3B), the reference to an application being determined is a reference to—
(a) permission being given, or
(b) a final notice being given under section 390 in relation to it.
(3) After section 55A insert—

55AA Application for temporary Part 4A permission

(1) An application for permission to carry on one or more specified regulated activities for a fixed period may be made to the FCA by—
(a) an individual,
(b) a body corporate,
(c) a partnership, or
(d) an unincorporated association.
(2) In this Part, “fixed period” means—
(a) the period of 18 months beginning with the day from which the permission has effect (see section 55V(6)), or
(b) such other prescribed period not exceeding two years beginning with the day from which the permission has effect.
(3) The FCA may make rules specifying regulated activities, other than PRA-regulated activities, for the purposes of this section.
(4) An authorised person who has permission under this Part which is in force may not apply for permission under this section.
(5) A person who has applied for permission under section 55A may not apply for permission under this section before the application under section 55A is determined or withdrawn.
(6) In subsection (5), the reference to an application being determined is a reference to—
(a) permission being given (but see subsection (4)), or
(b) a final notice being given under section 390 in relation to it.
(7) In this Act, “temporary Part 4A permission” means permission that is given by the FCA under section 55E in response to an application under this section.
(4) In section 55C (power to amend Schedule 6), in subsection (2), after paragraph (c) insert—
(d) in relation to persons who have, or who are applying for, temporary Part 4A permission and in relation to other persons.
(5) In section 55E (giving permission: the FCA), in subsection (1)—
(a) the words from “the FCA” to the end become paragraph (a);
(b) after paragraph (a) insert , or
(b) an application for temporary Part 4A permission has been made under section 55AA.
(6) In section 55G (giving permission: special cases), in subsection (1), at the end insert or 55AA.
(7) In the italic heading before section 55H, for “and cancellation” substitute “, cancellation and expiry”.
(8) In section 55H (variation by FCA at request of authorised person), after subsection (7) insert—
(8) An authorised person with a temporary Part 4A permission may not apply under this section to vary the day on which the permission will expire.
(9) In section 55J (variation or cancellation on initiative of regulator)—
(a) in subsection (10), at the end insert “or 55AA (as applicable)”;
(b) after subsection (10) insert—
(10A) But the power of the FCA to vary a Part 4A permission under this section does not include the power to vary the day on which a temporary Part 4A permission will expire.
(10) After section 55K insert—

55KB Expiry of temporary Part 4A permission: applications under section 55A

(1) This section applies if an authorised person with a temporary Part 4A permission makes an application for permission under section 55A before the end of the fixed period in respect of which the temporary Part 4A permission was given.
(2) The temporary Part 4A permission does not expire (and continues to have effect) until—
(a) the appropriate regulator—
(i) gives permission in response to the application under section 55A and that permission has effect, or
(ii) gives a decision notice under section 55X(4A) in respect of the application, or
(b) the application is withdrawn,
at which point, the temporary Part 4A permission expires (and ceases to have effect).
(11) After section 55Z4 insert—

Power to make further provision: temporary Part 4A permission

55Z5 Power to make further provision about temporary Part 4A permission

(1) The Treasury may by regulations make provision about—
(a) applying for, giving, cancelling or varying a temporary Part 4A permission;
(b) applying for, giving, cancelling or varying another permission under Part 4A in circumstances where the applicant has, or has had, a temporary Part 4A permission;
(c) the expiry of a temporary Part 4A permission;
(d) any other matter relating to temporary Part 4A permission.
(2) Regulations under this section may include provision—
(a) amending this Act (including this Part), or otherwise modifying its application in relation to a temporary Part 4A permission;
(b) conferring a power on (or restricting a power of) a regulator to make rules or give directions;
(c) modifying the scope of criminal offences.
(12) In Schedule 6A (additional own-initiative power), in paragraph 1
(a) in sub-paragraph (6), at the end insert or 55AA (as applicable);
(b) after sub-paragraph (6) insert—
(6A) But the power of the FCA to vary a Part 4A permission under this paragraph does not include the power to vary the day on which a temporary Part 4A permission will expire.

30 Temporary Part 4A permission: other amendments

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 138A (modification and waiver of rules), in subsection (2), before paragraph (za) insert—
(zza) rules made by the FCA under section 55AA (temporary Part 4A permission) or section 55Z5 (further provision about temporary Part 4A permissions);
;
(3) In section 138BA (publication of directions under section 138A), in subsection (3), before paragraph (a) insert—
(za) rules made by the FCA under section 55AA (temporary Part 4A permission) or section 55Z5 (further provision about temporary Part 4A permissions);
;
(4) In section 138C (evidential provisions), in subsection (4), before paragraph (a) insert—
(za) section 55AA (temporary Part 4A permission) or section 55Z5 (further provision about temporary Part 4A permissions);
;
(5) In section 138D (actions for damages), in subsection (5), before paragraph (za) insert—
(zza) rules made by the FCA under section 55AA (temporary Part 4A permission) or section 55Z5 (further provision about temporary Part 4A permissions);
.
(6) In section 429(2) (Parliamentary control of statutory instruments), at the appropriate places, insert “55AA(2)(b),” and “55Z5,”.

Senior managers and certification regimes

31 Senior managers: notification to regulator

Schedule 3 makes provision for notifications of senior managers under Part 5 and Part 18 of the Financial Services and Markets Act 2000.

32 Statement of responsibilities: repeal

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) to (6).
(2) In section 60 (authorised persons: applications for approval of senior managers), omit subsections (2A) and (2B).
(3) Omit section 62A (authorised persons: changes in responsibilities of senior managers).
(4) In section 204A (meaning of “relevant requirement” and “appropriate regulator”)—
(a) in subsection (3), omit paragraph (d);
(b) in subsection (3A), omit paragraph (ba).
(5) In section 309I (relevant recognised bodies: applications for approval of senior managers)—
(a) for subsection (3) substitute—
(3) The application must contain, or be accompanied by, such information as the appropriate regulator may reasonably require.
;
(b) omit subsection (4).
(6) Omit section 309N (relevant recognised bodies: changes in responsibilities of senior managers).
(7) In the Financial Services (Banking Reform) Act 2013
(a) omit section 20 (statements of responsibilities);
(b) omit section 24 (changes in responsibilities of senior managers).
(8) In section 23 of the Bank of England and Financial Services Act 2016 (administration of senior managers regime), omit subsections (2) and (5).

33 Requests for conditions or time-limited approvals

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 60A (vetting of candidates by authorised persons), at the end insert—
(4) In deciding that question, an authorised person making a permitted conditional application may have regard to any conditions or limited periods requested in the application.
(5) A “permitted conditional application” means an application under section 60 that—
(a) is an application for approval subject to conditions or for a limited period (or both), and
(b) is of a description specified in rules of a regulator.
(6) The PRA may specify a description of application for approval only if the application described is an application for approval to perform functions that are of a description specified in rules of the PRA under section 59(3).
(7) The FCA may specify a description of application for approval only if the application described is an application for approval to perform functions that are of a description specified in rules of the FCA under section 59(3).
(3) In section 62 (applications for approval: procedure and right to refer to Tribunal)—
(a) in subsection (1), after “the application” insert “without imposing conditions or limiting the period for which approval is given”;
(b) after subsection (4) insert—
(4A) Subsections (2) to (4) do not apply in relation to a proposal or decision to grant a permitted conditional application subject to conditions or for a limited period if the conditions or limited period (or both) were requested in the application.
(4B) “Permitted conditional application” has the meaning given in section 60A(5).
(4) In section 63ZA (variation of senior manager’s approval at request of authorised person), in subsection (8), for the third paragraph substitute—
section 62(1) to (4) and (5), but as if the references in subsections (1) to (4) to granting the application subject to conditions or for a limited period (or both), or without imposing conditions or limiting the period for which approval is given, were omitted.
(5) In section 309J (vetting by relevant recognised bodies)—
(a) after subsection (2) insert—
(2A) In deciding that question, a relevant recognised body making a permitted conditional application may have regard to any conditions or limited periods requested in the application.
(2B) A “permitted conditional application” means an application under section 309I that—
(a) is an application for approval subject to conditions or for a limited period (or both), and
(b) is of a specified description.
;
(b) in subsection (3), for “subsection (2)” substitute “this section”.
(6) In section 309M (determining applications for approval by relevant recognised bodies), after subsection (4) insert—
(4A) Subsections (2) to (4) do not apply in relation to a proposal or decision to grant a permitted conditional application subject to conditions or for a limited period if the conditions or limited period (or both) were requested in the application.
(4B) “Permitted conditional application” has the meaning given in section 309J(2B).
(7) In section 309Q (varying approval at request of relevant recognised body), in subsection (8)(c), after “section 309M” insert “(1) to (4) and (5)”.

34 Certification regime: repeal

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) to (7).
(2) Omit section 63E (certification of employees by authorised persons) and the italic heading before it.
(3) Omit section 63F (issuing of certificates by authorised persons).
(4) In section 71J (application of Part 5 to Gibraltar-based persons) (as inserted by paragraph 4 of Schedule 8 to the Financial Services Act 2021), in subsection (3), omit paragraph (b) (and the “or” before it).
(5) In section 204A (meaning of “relevant requirement” and “appropriate regulator”), in subsection (3A), omit paragraphs (d) and (e).
(6) Omit section 309Y (certification of employees by relevant recognised bodies) and the italic heading before it.
(7) Omit section 309Z (issuing of certificates by relevant recognised bodies).
(8) In the Financial Services (Banking Reform) Act 2013, omit section 29 (certification of employees by relevant authorised persons).
(9) In Schedule 4 to the Bank of England and Financial Services Act 2016 (extension of relevant authorised persons regime to all authorised persons), omit paragraphs 11 and 12.

35 Repeals of obligations relating to rules of conduct

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) to (4).
(2) Omit section 64B (rules of conduct: responsibilities of an authorised person).
(3) Omit section 64C (requirement for authorised persons to notify regulator of disciplinary action).
(4) In section 204A (meaning of “relevant requirement” and “appropriate regulator”), in subsection (3), omit paragraphs (e) and (f).
(5) In the Financial Services (Banking Reform) Act 2013, omit section 31 (requirement to notify regulator of disciplinary action).
(6) In the Bank of England and Financial Services Act 2016
(a) in section 24 (rules of conduct), omit subsection (3);
(b) in Schedule 4 (extension of relevant authorised persons regime to all authorised persons), omit paragraphs 14 and 15.

36 Sole traders

(1) Part 5 of the Financial Services and Markets Act 2000 (performance of regulated activities) is amended as set out in subsections (2) to (4).
(2) In section 64A (rules of conduct)—
(a) in subsection (1), at the end of the final paragraph insert—
(f) individuals who are authorised persons.
;
(b) in subsection (2), at the end of paragraph (d) insert ;
(e) individuals who are PRA-authorised persons.
;
(c) in subsection (5), for paragraph (ab) substitute—
(ab) in the case of a director of an authorised person who is not an approved person, or an individual who is an authorised person, the authorised person,
.
(3) In section 66A (misconduct: action by the FCA), in subsection (2)(b)
(a) omit the “or” at the end of sub-paragraph (iii) (as inserted by section 27(3)(a)(ii) of this Act);
(b) at the end of the final sub-paragraph insert , or
(v) an individual who is an authorised person.
(4) In section 66B (misconduct: action by the PRA), in subsection (2)(b)
(a) omit the “or” at the end of sub-paragraph (ii);
(b) at the end of sub-paragraph (iii) insert , or
(iv) an individual who is a PRA-authorised person.
(5) In section 24 of the Bank of England and Financial Services Act 2016 (rules of conduct), in subsection (2), omit paragraph (d).

Overseas recognition regimes and Gibraltar authorisation regime

37 Overseas recognition regimes

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) Omit the italic heading before section 409.
(3) Before section 409 insert—

Overseas recognition regimes and Gibraltar

408A Overseas recognition regulations

(1) The Treasury may by regulations make provision for the purpose of, or in connection with, enabling—
(a) persons regulated in recognised overseas jurisdictions to supply financial services in the United Kingdom;
(b) persons regulated in the United Kingdom to supply financial services, or otherwise carry on a business, in recognised overseas jurisdictions.
(2) In making regulations under subsection (1), the Treasury must have regard to the importance of—
(a) protecting the integrity and stability of the UK financial system,
(b) promoting the safety and soundness of persons providing financial services in the United Kingdom,
(c) preserving and promoting effective competition in the markets for financial services in the United Kingdom,
(d) facilitating the international competitiveness of the United Kingdom financial services sector, and its growth over the medium to long term, and
(e) securing an appropriate degree of protection for consumers in the United Kingdom.
(3) Regulations under subsection (1) may, among other things—
(a) modify this and other Acts relating to financial services or markets;
(b) make provision by reference to the law or practice of a recognised overseas jurisdiction;
(c) confer functions on a regulator, including powers to make rules or other instruments, waive requirements imposed by the regulations or charge fees;
(d) require a regulator to make rules or other instruments—
(i) covering specified matters, or
(ii) before the end of a specified period;
(e) make provision for civil penalties.
(4) Except as provided by subsection (3)(d), regulations under subsection (1) may not require a regulator to make rules or other instruments in a specified form or with specified content.
(5) In this section—
consumers means persons who use or may use the services to which the regulations relate;
integrity, in relation to the UK financial system, includes the matters listed in section 1D(2);
modify includes amend or repeal;
recognised overseas jurisdiction means, in relation to regulations made under this section, a country or territory designated under section 408B for the purpose of the regulations;
regulator includes the Bank of England.
(6) In subsection (1)(b), the reference to a person regulated in the United Kingdom includes a reference to any other members of that person’s group.

408B Designation of recognised overseas jurisdictions

(1) The Treasury may by regulations designate a country or territory for the purposes of regulations under section 408A if the Treasury are satisfied that doing so is compatible with—
(a) protecting the integrity and stability of the UK financial system,
(b) promoting the safety and soundness of persons providing financial services in the United Kingdom,
(c) preserving or promoting effective competition in markets for financial services in the United Kingdom,
(d) facilitating the international competitiveness of the United Kingdom financial services sector, and its growth over the medium to long term, and
(e) securing an appropriate degree of protection for consumers in the United Kingdom.
(2) In making an assessment for the purposes of subsection (1), the Treasury must consider whether the law and practice of the country or territory is likely to produce an outcome that is materially different to that produced by the law and practice of the United Kingdom in respect of matters to which the regulations under section 408A relate.
(3) Regulations under this section may designate a country or territory only for particular purposes or subject to exceptions or conditions.
(4) The matters in subsection (1) are to be assessed in light of such exceptions and conditions.
(5) In this section, “consumers” and “integrity” have the same meanings as in section 408A.

408C Consultation, information and advice

(1) Before making regulations under section 408A, the Treasury must consult the regulators in accordance with this section.
(2) The Treasury must consult the Bank of England on whether, in its opinion, the proposed regulations are compatible with the Financial Stability Objective.
(3) If the regulations contain provision relating to matters in respect of which the FCA has functions, the Treasury must consult the FCA on whether, in its opinion, the provision—
(a) is compatible with the FCA’s strategic objective,
(b) advances one or more of the FCA’s operational objectives or payment systems objectives, and
(c) advances the competitiveness and growth objective in its application as a secondary objective (see section 1EB).
(4) If the regulations contain provision relating to matters in respect of which the PRA has functions, the Treasury must consult the PRA on whether, in its opinion, the provision—
(a) advances the PRA’s objectives, and
(b) advances the PRA’s competition objective and the PRA’s competitiveness and growth objective in their application as secondary objectives (see section 2H).
(5) The Treasury may by notice require a regulator to provide such information or advice as the Treasury reasonably require in connection with their functions under sections 408A and 408B.
(6) The notice must—
(a) be in writing,
(b) describe the information or advice sought, and
(c) specify a reasonable period within which the information or advice is to be provided.
(7) A regulator may, irrespective of subsection (6), provide information and advice to the Treasury in connection with the Treasury’s functions under this Part.
(8) In this section, “regulator” includes the Bank of England.

408D Coordination and memorandum of understanding

(1) The Treasury and each of the regulators must—
(a) co-ordinate in the discharge of their functions under sections 408A to 408C, and
(b) prepare and maintain a memorandum describing in general terms how they intend to—
(i) discharge their functions under sections 408A to 408C, and
(ii) comply with paragraph (a).
(2) The Treasury must—
(a) lay a copy of the memorandum before Parliament, and
(b) ensure that the memorandum as currently in force is published in the way appearing to the Treasury to be best calculated to bring it to the attention of the public.
(3) In this section, “regulator” includes the Bank of England.

408E Disclosure of information: sections 408A to 408D

Sections 348 to 350 and 353 (disclosure of information) apply in relation to functions under sections 408A to 408D as if—
(a) in section 348 (restrictions on disclosure of confidential information by FCA, PRA etc), in subsection (2)(b), after “this Act” there were inserted “or any functions of the Bank of England under sections 408A to 408D”;
(b) in section 349 (exceptions from section 348), in subsection (2)(c), after “or the PRA“ there were inserted “or the Bank of England”;
(c) in section 350 (disclosure of information by the Inland Revenue), in subsection (1)(b), after the second “section” there were inserted , or
(c) the Treasury or the Bank of England, if the disclosure is made for the purpose of assisting or enabling the discharge of functions under sections 408A to 408D
.
(4) Omit section 409A (consultation in relation to deference decisions).
(5) In section 429 (Parliamentary control of statutory instruments), in subsection (2), after 333T insert , 408A.
(6) In Schedule 17A (exercise of functions by Bank of England), in paragraph 31A (international obligations)—
(a) in sub-paragraph (1), for “sub-paragraphs (2) and” substitute “sub-paragraph”;
(b) omit sub-paragraph (1)(a);
(c) omit sub-paragraph (2).

38 Gibraltar authorisation regime: materially similar outcomes

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 32A (Gibraltar-based persons) (as inserted by section 22 of the Financial Services Act 2021), in subsection (2), for “continue to be” substitute “are”.
(3) Schedule 2A (Gibraltar-based persons carrying on activities in the UK) is amended as set out in subsections (4) and (5).
(4) In the italic heading before paragraph 8, for “Alignment” substitute “Outcome”.
(5) In paragraph 8—
(a) in sub-paragraph (1)—
(i) omit “not”;
(ii) for the words from “, unless” to the end substitute only if they are satisfied that the law and practice of Gibraltar is not likely to produce an outcome that is materially different to that produced by the law and practice of the United Kingdom in relation to the activities concerned.;
(b) omit sub-paragraph (2);
(c) omit sub-paragraph (3).
(6) The restriction in paragraph 8 of Schedule 2A to the Financial Services and Markets Act 2000 (as amended by subsection (5)) does not apply to the extent the Treasury are satisfied that the regulated activity being approved, or corresponding activity being identified, would replace or have similar effect to a deemed passport right.
(7) In subsection (6), the reference to a deemed passport right is a reference to a right to establish a branch or provide services in the United Kingdom as a result of article 2 of the Financial Services and Markets Act 2000 (Gibraltar) Order 2001 (S.I. 2001/3084).

Part 5 — Lending, insurance and cryptoassets

Ring-fencing

39 Excluded activities and prohibitions: powers of PRA

(1) Part 9B of the Financial Services and Markets Act 2000 (ring-fencing) is amended as follows.
(2) In section 142D (excluded activities)—
(a) in subsection (2), for the words from “unless” to the end substitute “(but see subsection (2A)(a))”;
(b) after subsection (2) insert—
(2A) The Treasury may by order—
(a) provide that the regulated activity of dealing in investments as principal is not an excluded activity if it is carried on in specified circumstances;
(b) provide for a specified activity other than the regulated activity of dealing in investments as principal to be an excluded activity, either generally or when carried on in specified circumstances.
(2B) In this section—
(a) “specified” means—
(i) specified in an order under subsection (2A), or
(ii) to the extent provided for in such an order, specified in rules of the PRA;
(b) “relevant authority” means—
(i) in relation to matters specified in an order under subsection (2A), the Treasury;
(ii) in relation to matters specified in rules of the PRA under such an order, the PRA.
;
(c) in subsection (3), for the words from the beginning to “the Treasury are” substitute “Circumstances may be specified for the purposes of subsection (2A)(a) only if the relevant authority is”;
(d) omit subsection (4);
(e) in subsection (5), for the words before paragraph (a) substitute “An activity specified for the purposes of subsection (2A)(b)—”;
(f) in subsection (6)
(i) for the words before paragraph (a) substitute “In deciding whether to specify an activity or circumstances for the purposes of subsection (2A)(b), the relevant authority must—”;
(ii) in paragraph (a), after “concerned” insert “, or carried it on in the circumstances concerned”;
(iii) in paragraph (b), after “activity” insert “, or the carrying on of that activity in those circumstances,”;
(g) in subsection (7), for the words from the beginning to “the order” substitute “An activity or circumstances may be specified for the purposes of subsection (2A)(b) only if the relevant authority is of the opinion that specifying the activity or circumstances”.
(3) In section 142E (power of Treasury to impose prohibitions)—
(a) for the heading substitute “Prohibitions”;
(b) after subsection (1) insert—
(1A) In this section—
(a) “specified” means—
(i) specified in an order under subsection (1), or
(ii) to the extent provided for in such an order, specified in rules of the PRA;
(b) “relevant authority” means—
(i) in relation to matters specified in an order under subsection (1), the Treasury;
(ii) in relation to matters specified in rules of the PRA under such an order, the PRA.
;
(c) in subsection (2), for the words before paragraph (a) substitute “In deciding whether to specify something so as to impose a prohibition, the relevant authority must—”;
(d) in subsection (3), for the words from the beginning to “the order” substitute “Something may be specified so as to impose a prohibition only if the relevant authority is of the opinion that specifying it”;
(e) in subsection (4)
(i) in paragraph (a), for “exemptions specified in the order” substitute “specified exemptions”;
(ii) in paragraph (b), for “conditions specified in the order” substitute “specified conditions”.
(4) In section 142Z (affirmative procedure in relation to certain orders under Part 9B)—
(a) in subsection (1), for paragraph (d) substitute—
(d) section 142D;
;
(b) in subsection (3), for “142D(4)” substitute “section 142D(2A)(b)”.

40 Ring-fencing rules etc

(1) Part 9B of the Financial Services and Markets Act 2000 (ring-fencing) is amended as follows.
(2) In section 142H (ring-fencing rules)—
(a) for subsection (1) substitute—
(1) If the appropriate regulator does not consider that there is sufficient provision to ensure the effective provision to a ring-fenced body of services and facilities that it requires in relation to the carrying on of a core activity, the regulator must exercise its power to make general rules to make rules requiring a ring-fenced body to make arrangements to ensure such effective provision.
(1A) If the appropriate regulator does not consider that there is sufficient provision to achieve the group ring-fencing purposes, the regulator must exercise its power to make general rules to make rules for the group ring-fencing purposes that apply—
(a) to ring-fenced bodies, or
(b) to authorised persons who are members of a ring-fenced body’s group.
;
(b) in subsection (3), omit “or make provision falling within subsection (2)”;
(c) after subsection (3) insert—
(3A) “Sufficient provision” means provision, whether in enactments or in rules, directions or documents made, given or published by the Bank of England, PRA or FCA (whether under this Act or another enactment) that, taken as a whole, is sufficient.
;
(d) in subsection (4)
(i) in paragraph (b), omit sub-paragraph (ii) (and the “and” before it);
(ii) in paragraph (c), for “insolvency” substitute “failure”;
(e) omit subsections (5) to (7);
(f) in subsection (8), omit the definition of “specified”.
(3) In section 142I (powers of Treasury in relation to ring-fencing rules), in subsection (1), omit the words from “relating to” to the end of paragraph (b).
(4) In section 142K (cases in which group restructuring powers become exercisable)—
(a) in subsection (3), omit paragraph (b) (and the “or” before it);
(b) in subsection (4), for “insolvency” substitute “failure”.
(5) In section 142Z1 (interpretation of Part 9B), after subsection (1) insert—
(1A) Any reference to “failure” is to be read in accordance with section 2J(3) to (4).

Commercial credit data sharing scheme

41 Scope of commercial credit data sharing scheme

(1) The Small Business, Enterprise and Employment Act 2015 is amended as follows.
(2) In section 4 (commercial credit data sharing scheme)—
(a) in subsection (1)(a), for “designated banks” substitute “designated persons”;
(b) in subsection (2)(a), for “bank” substitute “designated person”;
(c) in subsection (6)(d), for “designated bank” substitute “designated person”;
(d) omit subsection (7);
(e) at the end insert—
(8) The regulations must make provision for the designation by the Treasury of—
(a) persons to which the duty in subsection (1)(a) applies;
(b) credit reference agencies to which the duty in subsection (1)(b) applies.
(9) The regulations may provide for—
(a) conditions for making a designation referred to in subsection (8);
(b) considerations that the Treasury may take into account before deciding whether to make a designation;
(c) the Treasury to consider the advice of another person before making a designation;
(d) the procedure for making a designation;
(e) how the list of designated persons and designated credit reference agencies must be published;
(f) the revocation of a designation.
(10) The regulations may provide that the duty in subsection (1)(a) or (b) applies in relation to—
(a) a business that was previously a small or medium sized business but is no longer a small or medium sized business solely because of its annual turnover, or
(b) a voluntary or community body that is not a small or medium sized business solely because it does not carry out commercial activities.
For that purpose, “business” includes a voluntary or community body and “voluntary or community body” has the meaning given in section 29(5).
(11) Where the regulations provide for the duty in subsection (1)(a) or (b) to apply in relation to such a business or voluntary or community body, a reference in this section or section 6 to a small or medium sized business is to be read as including that business or voluntary or community body.
(3) In section 7 (interpretation), in subsection (2)
(a) in the definition of “designated bank”, omit “4(7) or”;
(b) in the definition of “designated credit reference agency”, for “4(7)” substitute “4(8)(b)”;
(c) after the definition of “designated finance platform” insert—
designated person means a person that has been designated by the Treasury by virtue of section 4(8)(a);
.

42 Duties under commercial credit data sharing scheme

(1) The Small Business, Enterprise and Employment Act 2015 is amended as follows.
(2) In section 4 (commercial credit data sharing scheme)—
(a) in subsection (4)(b), after “the credit reference agency” insert “or other designated credit reference agencies”;
(b) in subsection (6), after paragraph (d) insert—
(e) the rectification of information that has been provided, including provision requiring a person to notify another person that such information has been rectified.
;
(c) after subsection (6) insert—
(6A) The regulations may make provision requiring a person providing or receiving information to—
(a) use specified facilities or services in doing so;
(b) comply with specified standards, or participate in specified arrangements, relating to, or to the use of, such facilities or services;
(c) provide, or arrange for, specified assistance in connection with the establishment, maintenance or management of such facilities or services.
(3) In section 6 (supplementary)—
(a) after subsection (4) insert—
(4A) Regulations under section 4 may impose a duty on a person specified or described in the regulations to provide to the Treasury information relevant to the Treasury’s functions under the regulations, and may—
(a) allow the Treasury to share that information with persons or for purposes specified or described in the regulations, and
(b) allow another person to—
(i) receive that information on behalf of the Treasury, or
(ii) share that information on behalf of the Treasury in accordance with provision made by virtue of paragraph (a).
;
(b) after subsection (5) insert—
(5A) Regulations under section 4 may impose a duty on designated credit reference agencies to provide information received by virtue of section 4(1)(a) or (4)(b) to other designated credit reference agencies.

43 Commercial credit data sharing scheme: functions of FCA

(1) Section 6 of the Small Business, Enterprise and Employment Act 2015 (commercial credit data sharing scheme: supplementary) is amended as follows.
(2) After subsection (1) insert—
(1A) Regulations under section 4 may also make provision conferring other functions on the Financial Conduct Authority in connection with the regulations.
(3) In subsection (2), for “The regulations” substitute “Regulations under sections 4 and 5”.

Transformer and insurance vehicles

44 Transformer vehicles

(1) Section 284A of the Financial Services and Markets Act 2000 (transformer vehicles) is amended as follows.
(2) In subsection (1)
(a) in paragraph (a), for “the activities mentioned in subsection (2)” substitute “risk transformation”;
(b) in paragraph (b), for “those activities” substitute “risk transformation”.
(3) For subsection (2) substitute—
(2) “Risk transformation” means assuming risk from another undertaking (“B”) in a case where—
(a) A’s exposure to the risk is fully covered by assets transferred, or obligations owed, to A by one or more third parties in connection with investments issued by A, and
(b) any related obligations of A to those third parties are subordinated to A’s obligations to B in respect of the risk,
and for that purpose “obligations” includes contingent obligations.
(4) In subsection (3), for paragraph (b) substitute—
(b) risk transformation;
.

45 Insurance vehicles

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) For the heading of Part 17A substitute “Transformer and insurance vehicles”.
(3) In section 284A
(a) for the heading substitute “Transformer and insurance vehicles”;
(b) after subsection (2) insert—
(2A) In this section “insurance vehicle” means an undertaking which—
(a) is established for the purposes of carrying on the activity of effecting or carrying out contracts of insurance as principal, or
(b) carries on such activity.
;
(c) after subsection (4) insert—
(4A) The Treasury may by regulations make provision mentioned in subsection (4) for the purpose of facilitating or regulating the establishment and operation of insurance vehicles.
;
(d) in subsection (5), after “(3)” insert “or (4A)”;
(e) in subsection (6), after “(3)” insert “or (4A)”;
(f) in subsection (7), after “(3)” insert “or (4A)”;
(g) in subsection (9), after “(3)” insert “or (4A)”.

Cryptoassets

46 Power to amend provisions about cryptoassets

(1) The Treasury or the Secretary of State may by regulations amend the relevant cryptoasset provisions—
(a) so that they apply to cryptoassets, or to cryptoasset service providers, to which they would otherwise not apply;
(b) so as to reflect developments in—
(i) technology relating to cryptoassets or cryptoasset service providers;
(ii) the market for cryptoassets or cryptoasset service providers;
(iii) the regulation of cryptoassets or cryptoasset service providers (whether in the United Kingdom or elsewhere).
(2) Regulations under this section may (amongst other things) amend the relevant cryptoasset provisions so that they apply to—
(a) cryptoassets that are transferred, stored or traded in particular ways;
(b) cryptoasset service providers that provide particular services, or provide services or control cryptoassets in particular ways;
(c) cryptoasset service providers that have a particular connection to the United Kingdom (for example, those whose connection to the United Kingdom is that their services are used by persons there).
(3) Regulations under this section are to be made by statutory instrument and may make—
(a) consequential, incidental, transitional or saving provision;
(b) different provision for different purposes or areas.
(4) Regulations made by virtue of subsection (3) may amend or repeal a provision of an Act (including a provision not contained in the relevant cryptoasset provisions).
(5) Before making regulations under this section the Treasury or (as the case may be) the Secretary of State—
(a) must, if the regulations amend Part 3 of the Proceeds of Crime Act 2002, consult the Scottish Ministers;
(b) must, if the regulations amend Part 4 of that Act, consult the Department of Justice in Northern Ireland;
(c) must, if the regulations amend Part 5 of that Act, consult the Scottish Ministers and the Department of Justice in Northern Ireland.
(6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(7) In this section “the relevant cryptoasset provisions” means—
(a) Parts 2, 3 and 4 of the Proceeds of Crime Act 2002 (confiscation);
(b) in Part 5 of that Act (civil recovery of proceeds of unlawful conduct)—
(i) Chapter 3C (recovery of cryptoassets: searches, seizure and detention);
(ii) Chapter 3D (recovery of cryptoassets: freezing orders);
(iii) Chapter 3E (forfeiture of cryptoassets following detention or freezing order);
(iv) Chapter 3F (conversion of cryptoassets);
(c) in Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist property)—
(i) Part 4BA (seizure and detention of terrorist cryptoassets);
(ii) Part 4BB (cryptowallet freezing orders);
(iii) Part 4BC (forfeiture of terrorist cryptoassets);
(iv) Part 4BD (conversion of cryptoassets);
(d) in the Terrorism Act 2000
(i) in Schedule 3A (regulated sector and supervisory authorities), paragraph 1 (business in the regulated sector);
(ii) in Schedule 6 (financial information), paragraph 6 (meaning of financial institution).
(8) In this section
cryptoasset has the same meaning as in the Financial Services and Markets Act 2000 (see section 417(1) of that Act);
cryptoasset service provider means a person who provides services in relation to cryptoassets (including the issuing of cryptoassets).

47 Repeals of existing powers

(1) In the Proceeds of Crime Act 2002
(a) in section 67ZB (meaning of “UK-connected cryptoasset service provider” in Part 2), omit subsection (5);
(b) in section 84A (cryptoassets etc), omit subsection (5);
(c) in section 131ZC (meaning of “UK-connected cryptoasset service provider” in Part 3), omit subsections (5) and (6);
(d) in section 150A (cryptoassets etc), omit subsections (5) and (6);
(e) in section 215ZB (meaning of “UK-connected cryptoasset service provider” in Part 4), omit subsections (5) and (6);
(f) in section 232A (cryptoassets etc), omit subsections (5) and (6);
(g) in section 303Z20 (definitions for Part 5), omit subsections (2) and (3);
(h) in section 303Z35 (definitions for Chapter 3D of Part 5), omit subsections (4) and (5);
(i) in section 459 (orders and regulations)—
(i) in subsection (4), omit paragraph (azza);
(ii) in subsection (4)(aza), omit “303Z20(2), 303Z35(4),”;
(iii) omit subsection (6ZAA);
(iv) in subsection (6ZB), omit “303Z20(2), 303Z35(4),”.
(2) In the Anti-terrorism, Crime and Security Act 2001, in Schedule 1 (forfeiture of terrorist property)—
(a) in paragraph 10Z7A (interpretation of Part 4BA), omit sub-paragraphs (2) to (4);
(b) in paragraph 10Z7B (interpretation of Part 4BB), omit sub-paragraphs (3) to (5).
(3) In the Terrorism Act 2000
(a) in section 123 (orders and regulations), omit subsection (6ZF);
(b) in Schedule 6 (financial information), in paragraph 6 (meaning of financial institution), omit sub-paragraph (1AF).

Part 6 — General

48 FCA functions: money

There may be paid out of money provided by Parliament expenditure incurred by the Treasury in connection with the conferral of functions on the Financial Conduct Authority by regulations made under section 49 of the Sanctions and Anti-Money Laundering Act 2018 (money laundering and terrorist financing etc).

49 Power to make consequential amendments of references to rules

(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 141A (power to make consequential amendments of references to rules etc)—
(a) in subsection (1)(b), for “its power under this Part” substitute “a power”;
(b) omit subsection (5).
(3) In section 143D (duty to make rules applying to parent undertakings), omit subsection (9).
(4) In section 192XA (rules applying to holding companies), omit subsection (8).
(5) In section 271E (power to impose requirements on recognised foreign collective investment schemes), omit subsection (9).

50 Power to make amendments consequential on this Act

(1) The Treasury may by regulations make provision that is consequential on any provision made by this Act.
(2) Regulations under this section are to be made by statutory instrument and may—
(a) amend, repeal or revoke primary legislation;
(b) make different provision for different purposes or areas;
(c) make transitional and saving provision.
(3) A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament, unless subsection (4) applies.
(4) A statutory instrument containing regulations under this section that amend, repeal or revoke primary legislation (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) In this section “primary legislation” means—
(a) an Act;
(b) an Act of the Scottish Parliament;
(c) an Act or Measure of Senedd Cymru;
(d) Northern Ireland legislation.

51 Extent

(1) An amendment or repeal made by this Act has the same extent within the United Kingdom as the provision amended or repealed.
(2) Otherwise, this Act extends to England and Wales, Scotland and Northern Ireland.
(3) The power under section 430(3) of the Financial Services and Markets Act 2000 may be exercised so as to extend to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of that Act (with or without modifications).

52 Commencement

(1) Paragraph 47(k) of Schedule 1 (and section 1 so far as it relates to that provision) is treated as having come into force on 1 April 2014.
(2) The following provisions come into force on the day on which this Act is passed—
(a) section 14;
(b) section 38(1) and (3) to (7);
(c) section 46;
(d) section 47;
(e) this Part.
(3) The other provisions of this Act come into force on such day as the Treasury may by regulations appoint.
(4) Different days may be appointed for different purposes or areas.
(5) The Treasury may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
(6) Regulations under subsection (5) may make different provision for different purposes or areas.
(7) Regulations under this section are to be made by statutory instrument.

53 Short title

This Act may be cited as the Financial Services and Markets Act 2026.

Schedules

Schedule 11 — Consumer credit

Part 1 — Amendments to the Consumer Credit Act 1974

1 The Consumer Credit Act 1974 is amended as follows.
2 In section 8 (consumer credit agreements), in subsection (3), in the words before paragraph (a), for regulated credit agreement substitute regulated agreement.
3 In section 10 (running-account credit and fixed-sum credit), in subsection (3), in the words before paragraph (a), omit (except section 17(1)(a)).
4 Omit section 14 (credit-token agreements).
5 In section 15 (consumer hire agreements), for subsection (1) substitute—
(1) In this Act “consumer hire agreement” has the same meaning as in Chapter 14B of Part 2 of the Regulated Activities Order (see article 60N of that Order).
6 Omit the following provisions—
(a) section 17 (small agreements);
(b) section 18 (multiple agreements);
(c) section 55 (disclosure of information);
(d) section 55C (copy of draft consumer credit agreement).
7 In section 57 (withdrawal from prospective agreement)—
(a) in subsection (1), for “under section 69” substitute in the exercise of a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of any of sections 69A to 73 in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc).
;
(b) in subsection (4), for “would not be a cancellable agreement, subsection (1)” substitute “could not be cancelled as mentioned in subsection (1), that subsection”.
8 Omit the following provisions—
(a) sections 58 and 59 (withdrawal from prospective land mortgage, void agreements etc);
(b) sections 60 to 66 and the italic heading before section 60 (making the agreement).
9 In section 66A (withdrawal from consumer credit agreement)—
(a) in the heading, for “consumer credit” substitute “regulated”;
(b) omit subsections (1) to (6);
(c) for subsection (7) substitute—
(7) Where—
(a) the debtor or hirer withdraws from a regulated agreement, and
(b) an ancillary service relating to the agreement is or is to be provided by the creditor or owner, or by a third party on the basis of an agreement between the third party and the creditor or owner,
the ancillary service contract is to be treated as if it had never been entered into.
;
(d) in subsection (8)
(i) after “creditor” insert “or owner”;
(ii) after “debtor” insert “or hirer”;
(e) omit subsections (9) and (10);
(f) in subsection (11)
(i) in the words before paragraph (a), omit “consumer credit”;
(ii) in paragraph (a), omit “under this section”;
(iii) for paragraph (b) substitute—
(b) the debtor has repaid to the creditor in full any credit provided and the interest accrued on it (at the rate provided for under the agreement),
;
(g) in subsection (12), for “subsections (2), (4), (5), (6) and (9)(a)” substitute “subsection (11)”;
(h) in subsection (13), for the words from “the provision” to the end substitute
(a) the provision of credit under the agreement, including in particular an insurance or payment protection policy, or
(b) the bailment or hiring of goods under the agreement.
;
(i) after subsection (13) insert—
(13A) In subsections (7) and (11), references to a debtor or hirer withdrawing from an agreement are to a debtor or hirer withdrawing from an agreement in the exercise of a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this section in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc).
;
(j) omit subsection (14).
10 In the italic heading before section 67, omit “within cooling-off period”.
11 Omit sections 67 to 69 (cancellation etc).
12 After section 69 insert—

69A Cancellation of linked transactions

(1) Where a regulated agreement, other than an agreement within subsection (3), is cancelled by the debtor or hirer in the exercise of a relevant cancellation right, the cancellation also operates—
(a) to cancel any linked transaction, and
(b) to withdraw any offer by the debtor or hirer, or their relative, to enter into a linked transaction.
(2) Where an agreement within subsection (3), or provisions of such an agreement, are cancelled by the debtor in the exercise of a relevant cancellation right, the cancellation also operates—
(a) to cancel such provisions of any linked transaction as—
(i) relate to the provision of credit,
(ii) require the debtor to pay an item in the total charge for credit, or
(iii) subject the debtor to any obligation other than to pay for the doing of the work mentioned in subsection (3), or the supply of the goods mentioned in that subsection, and
(b) to withdraw any offer by the debtor, or their relative, to enter into a linked transaction.
(3) An agreement is within this subsection if it is a debtor-creditor-supplier agreement for restricted-use credit financing—
(a) the doing of work or supply of goods to meet an emergency, or
(b) the supply of goods which, before the agreement was cancelled (as mentioned in subsection (2)), had by the act of the debtor or their relative become incorporated in any land or thing not comprised in the agreement or any linked transaction.
(4) Except so far as is otherwise provided, references in this Act to the cancellation of an agreement or transaction do not include a case within subsection (2).
(5) Except as otherwise provided by or under this Act, a linked transaction cancelled under this section is to be treated as if it had never been entered into.
(6) Regulations may exclude linked transactions of the prescribed description from subsection (1)(a) or (b) or (2)(a) or (b).
(7) In this section “relevant cancellation right” means a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this section in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc).
13 In section 70 (cancellation: recovery of money paid by debtor or hirer)—
(a) in subsection (5), omit the words from “, and applies” to the end;
(b) in subsection (8)
(i) for “section 69(2)” substitute “section 69A(2)”;
(ii) for “that subsection” substitute “section 69A(3)”.
14 In section 71 (cancellation: repayment of credit), omit subsections (2) to (4).
15 In section 72 (cancellation: return of goods)—
(a) in subsection (6)(a), for the words from “on whom” to the end substitute “within subsection (8A)”;
(b) after subsection (8) insert—
(8A) The following persons are within this subsection—
(a) the creditor or owner;
(b) a person who (whether by virtue of subsection (8B) or otherwise) is the agent of the creditor or owner.
(8B) For the purposes of this section, a credit-broker or supplier who is the negotiator in antecedent negotiations is to be treated as an agent of the creditor or owner.
16 In section 73 (cancellation: goods given in part-exchange), in subsection (7)(b), for “no notice of cancellation had been served” substitute “the agreement had not been cancelled”.
17 After section 73 insert—

73A Sections 70 to 73: interpretation

In sections 70 to 73—
(a) references to the cancellation of a regulated agreement are to the cancellation of a regulated agreement by the debtor or hirer in the exercise of a right that—
(i) arises under or by virtue of FCA rules, and
(ii) is of a description specified for the purposes of section 70, 71, 72 or 73 (as the case may be) in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients' money, right to rescind etc);
(b) references to the cancellation of a linked transaction are to the cancellation of a linked transaction under section 69A (cancellation of linked transactions).
18 In section 74 (exclusion of certain agreements from Part 5)—
(a) in subsection (1)
(i) in the words before paragraph (a), for (1A) to (2) substitute (2) and (2A);
(ii) after paragraph (b) insert or;
(iii) omit paragraph (d) and the or before it;
(b) for subsections (1A) to (2A) substitute—
(2) Section 56 (antecedent negotiations) applies to an agreement within subsection (1)(a), (b) or (c).
(2A) Section 66A (withdrawal from consumer credit agreement) applies to—
(a) an agreement within subsection (1)(b) that would be an authorised non-business overdraft agreement but for the fact that the credit is not repayable on demand or within three months;
(b) an agreement within subsection (1)(c).
;
(c) omit subsection (4).
19 Omit the following provisions—
(a) sections 76 to 79 (provision of information etc);
(b) section 82 (variation of agreements);
(c) sections 83 to 85 (liability for misuse of credit facilities, credit-tokens etc).
20 In section 86 (death of debtor or hirer)—
(a) in subsection (1), for specified in paragraphs (a) to (e) of section 87(1) substitute within subsection (2A);
(b) in subsection (2), for specified in paragraphs (a) to (e) of section 87(1) substitute within subsection (2A);
(c) after subsection (2) insert—
(2A) The following acts are within this subsection—
(a) terminating the agreement;
(b) demanding earlier payment of any sum;
(c) recovering possession of any goods or land;
(d) treating any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred;
(e) enforcing any security.
21 Omit the following provisions—
(a) section 86A and the italic heading before it (information sheets);
(b) sections 86B to 86F and the italic heading before section 86B (sums in arrears and default sums);
(c) sections 87 to 89 and the italic heading before section 87 (default notices).
22 In section 90 (retaking of protected hire-purchase etc goods), omit subsection (4).
23 Omit the following provisions—
(a) section 93 (interest not to be increased on default);
(b) sections 94 to 95B (early payment by debtor);
(c) sections 97 and 97A (duty to give information);
(d) sections 98 and 98A (termination etc).
24 In section 99 (right to terminate hire-purchase etc agreements)—
(a) for the heading substitute “Termination of conditional sale agreements etc”;
(b) omit subsections (1) to (4);
(c) in subsection (5)
(i) omit “Subject to subsection (4),”;
(ii) omit “under this section”;
(d) after subsection (5) insert—
(6) Subsection (7) applies where, on the termination of a regulated hire-purchase or regulated conditional sale agreement, the debtor wrongfully retains possession of goods to which the agreement relates.
(7) In any action brought by the creditor to recover possession of the goods from the debtor, the court, unless it is satisfied that having regard to the circumstances it would not be just to do so, must order the goods to be delivered to the creditor without giving the debtor an option to pay the value of the goods.
(8) In subsections (5) and (6), references to the termination of a regulated hire-purchase or regulated conditional sale agreement are to the termination of such an agreement in the exercise of a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this section in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc).
25 Omit sections 100 and 101 (termination etc).
26 In section 102 (agency for receiving notice of rescission), for subsection (2) substitute—
(2) In subsection (1) “rescind” does not include cancellation or termination by the debtor or hirer in the exercise of a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this section in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc).
27 Omit section 103 (termination statements).
28 In section 104 (goods not to be treated as subject to landlord’s hypothec in Scotland)—
(a) the existing text becomes subsection (1);
(b) for paragraph (a) of that subsection substitute—
(a) during any period of notice which, by virtue of FCA rules, the creditor or owner is required to give the debtor or hirer of the agreement before carrying out an act within subsection (2) by reason of any breach by the debtor or hirer of the agreement, or
;
(c) after that subsection insert—
(2) The following acts are within this subsection—
(a) terminating the agreement;
(b) demanding earlier payment of any sum;
(c) recovering possession of any goods or land;
(d) treating any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred;
(e) enforcing any security.
29 Omit section 105 (form and content of securities).
30 Omit sections 107 to 111 (security).
31 In section 113 (Act not to be evaded by use of security)—
(a) in subsection (1), after “prospective” insert “relevant”;
(b) in subsection (2)
(i) after “where a” insert “relevant”;
(ii) for “the FCA” substitute “a notice under section 28A of the Financial Services and Markets Act 2000”;
(iii) after “such an order” insert “or notice”;
(iv) after “been made” insert “or given”;
(c) in subsection (3)
(i) in paragraph (a), for “is cancelled under section 69(1) or becomes subject to section 69(2)” substitute “, or a provision of such an agreement, is cancelled by the debtor or hirer in the exercise of a relevant cancellation right”;
(ii) in paragraph (c), for “under section 65(1) or 124(1)” substitute “of the court under section 124(1), an order of the court under section 28 of the Financial Services and Markets Act 2000”;
(d) in subsection (5), for “cancelled agreement” substitute “regulated agreement that is cancelled by the debtor or hirer in the exercise of a relevant cancellation right”;
(e) in subsection (8), in the words before paragraph (a), after “transaction” insert “, whether or not the regulated agreement in relation to which the transaction is linked is a relevant regulated agreement”;
(f) after subsection (8) insert—
(9) In this section—
relevant cancellation right means a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this section in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients' money, right to rescind etc);
relevant regulated agreement means a regulated agreement in relation to which the creditor or owner is not an authorised person within the meaning of the Financial Services and Markets Act 2000 (see section 31 of that Act).
32 In section 120 (consequence of failure to redeem), in subsection (1)(a)(iii), for “under section 94(3)” substitute “by paying to the creditor some of the amount payable under the agreement before the time fixed by the agreement”.
33 In section 127(1) (enforcement orders in cases of infringement), omit paragraphs (za) to (c).
34 In section 129(1) (time orders)—
(a) omit paragraph (b);
(b) in paragraph (bza)
(i) in the words before sub-paragraph (i), for the words from “under” to “creditor’s” substitute “or hirer under this paragraph after the creditor or owner has informed the debtor or hirer of the creditor’s or owner’s”;
(ii) in sub-paragraph (i), in the words before paragraph (aa), omit “deferred payment credit”;
(iii) in sub-paragraph (i)(bb), after “debtor” insert “or hirer”;
(iv) in sub-paragraph (ii), omit “deferred payment credit”;
(c) after paragraph (bza) insert—
(bzb) on an application made by a debtor or hirer under this paragraph after the creditor or owner has informed the debtor or hirer—
(i) that a sum has become due and payable by the debtor or hirer under a regulated agreement but remains unpaid,
(ii) of the creditor’s or owner’s intention to enforce a term of a regulated agreement by recovering possession of any goods or land, or
(iii) of the creditor’s or owner’s intention to enforce any security provided in relation to a regulated agreement, or
;
(d) omit paragraph (ba).
35 Omit section 129A (debtor or hirer to give notice of intent etc to creditor or owner).
36 In section 130 (supplemental provisions about time orders)—
(a) in subsection (3), for the words from “by virtue” to the end substitute “a notice is not required by FCA rules to be given to the debtor or hirer before enforcement of the pledge”;
(b) in subsection (5)(a), for “mentioned in section 87(1)” substitute “within subsection (7)”;
(c) after subsection (6) insert—
(7) The following actions are within this subsection—
(a) terminating the agreement;
(b) demanding earlier payment of any sum;
(c) recovering possession of any goods or land;
(d) treating any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred;
(e) enforcing any security.
37 In section 130A(8) (interest payable on judgment debts etc), omit or to a small agreement.
38 In section 134 (evidence of adverse detention in hire-purchase etc cases), in subsection (1)(b), omit the words from a demand to or that,.
39 In section 142 (power to declare rights of parties)—
(a) in subsection (2), for paragraph (a) substitute—
(a) a regulated agreement, or a provision of such an agreement, is cancelled by the debtor or hirer in the exercise of a relevant cancellation right,
(aa) a linked transaction, or a provision of such a transaction, is cancelled under section 69A (cancellation of linked transactions), or
(b) after subsection (2) insert—
(3) In this section “relevant cancellation right” means a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this section in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc).
40 In section 155 (right to recover brokerage fees)—
(a) in subsection (1), for “which is cancelled under section 69(1) or becomes subject to section 69(2)” substitute “, or provision of an agreement, which is cancelled by the debtor or hirer in the exercise of a relevant cancellation right”;
(b) in subsection (2)(d), for regulated credit agreement or a regulated consumer hire agreement substitute regulated agreement;
(c) after subsection (3) insert—
(3A) In this section “relevant cancellation right” means a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this section in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc).
41 In section 171 (onus of proof in various proceedings), omit subsection (4).
42 Omit section 172 (statements by creditor or owner to be binding).
43 In section 176A (electronic transmission of documents), in subsection (2), omit “, except section 69,”.
44 Omit section 179 (power to prescribe form etc of secondary documents).
45 In section 181 (power to alter monetary limits etc)—
(a) in subsection (1)
(i) omit 17(1),;
(ii) omit the words from “77(1)” to “110(1),”;
(b) in subsection (2), omit 17(1),.
46 In section 185 (agreement with more than one debtor or hirer), omit subsections (2) to (3).
47 In section 189(1) (interpretation)—
(a) omit the definition of “cancellable agreement”;
(b) for the definition of “consumer credit agreement” substitute—
consumer credit agreement has the meaning given by section 8, and includes a consumer credit agreement which is, or provisions of which are, cancelled in the exercise of a right that—
(a) arises under or by virtue of FCA rules, and
(b) is of a description specified for the purposes of this definition in FCA rules made by virtue of section 137B(3)(c) of the Financial Services and Markets Act 2000 (FCA general rules: clients’ money, right to rescind etc),
so far as the agreement remains in force;
;
(c) omit the definition of “credit-token”;
(d) omit the definition of “credit-token agreement”;
(e) omit the definition of “default notice”;
(f) in the definition of “enforcement order”, omit 65(1), 105(7)(a) or (b), 111(2) or;
(g) for the definition of “individual” substitute—
individual includes a relevant recipient of credit within the meaning of Chapter 14A of Part 2 of the Regulated Activities Order (see article 60L of that Order);
;
(h) omit the definition of “modifying agreement”;
(i) omit the definition of “multiple agreement”;
(j) omit the definition of “notice of cancellation”;
(k) in the definition of “prescribed”, for “Secretary of State” substitute “Treasury”;
(l) omit the definition of “security instrument”;
(m) omit the definitions of “small agreement” and “small”;
(n) at the appropriate place insert—
FCA rules means rules made by the FCA under the Financial Services and Markets Act 2000 (as those rules have effect from time to time);
.
48 In section 189B (green deal plans), in subsection (5)(a), for the words from “any of” to “debtor)” substitute “section 96 (linked transactions)”.
49 In section 189C (section 189B: supplementary provision), in subsection (5)(a)
(a) in sub-paragraph (i), for the words from “signs” to the end substitute “enters into a regulated agreement in relation to the plan”;
(b) in sub-paragraph (ii), for “sign such a document” substitute “enter into such an agreement”.
50
(1) Schedule 2 (examples of use of new terminology) is amended as follows.
(2) In the table in Part 1
(a) in the entry for “antecedent negotiations”, in the third column, omit “, 3, 4”;
(b) omit the entry for “cancellable agreement”;
(c) in the entry for “consumer credit agreement”, in the third column, omit “, 21”;
(d) omit the entry for “consumer hire agreement”;
(e) in the entry for “credit”, in the third column, omit “, 21”;
(f) in the entry for “credit limit”, in the third column, omit “, 22, 23”;
(g) in the entry for “creditor”, in the third column, omit “, 3, 4”;
(h) omit the entry for “credit-token”;
(i) omit the entry for “credit-token agreement”;
(j) in the entry for “debtor-creditor agreement”, in the third column, omit “, 16, 17, 18”;
(k) in the entry for “debtor-creditor-supplier agreement”, in the third column, omit “, 16”;
(l) in the entry for “fixed-sum credit”, in the third column, omit “, 17, 23”;
(m) in the entry for “individual”, in the third column, omit “, 24”;
(n) omit the entry for “modifying agreement”;
(o) omit the entry for “multiple agreement”;
(p) in the entry for “negotiator”, in the third column, omit “, 3, 4”;
(q) in the entry for “pre-existing arrangements”, in the third column, omit “, 21”;
(r) in the entry for “restricted-use credit”, in the third column, omit “, 14, 16”;
(s) in the entry for “running-account credit”, in the third column, omit “, 16, 18, 23”;
(t) omit the entry for “small agreement”;
(u) omit the entry for “supplier”;
(v) in the entry for “unrestricted-use credit”, in the third column, omit “, 16, 17, 18.”
(3) In Part 2, omit examples 3, 4, 14, 16, 17, 18, 20, 21, 22, 23 and 24.
51 In Schedule 2A (meaning of “debtor” in relation to green deal agreements), in the table—
(a) omit the entries for the following provisions—
(i) section 55;
(ii) section 55C;
(iii) section 59;
(iv) sections 60 and 61;
(v) section 61A;
(vi) sections 62, 63, 64;
(vii) section 65;
(b) in the entry for “sections 67, 68, 69, 70, 71, 72, 73”, in the first column, omit “67, 68, 69,”;
(c) omit the entries for the following provisions—
(i) sections 76 and 77;
(ii) section 77A;
(iii) section 77B;
(iv) section 78A;
(v) section 82;
(vi) section 86E;
(vii) section 86F;
(viii) section 87;
(ix) section 89;
(x) section 93;
(d) in the entry for “sections 94, 95, 95A, 95B, 96, 97, 97A”, in the first column—
(i) for “Sections” substitute “Section”;
(ii) omit “94, 95, 95A, 95B,”;
(iii) omit “, 97, 97A”;
(e) omit the entry for section 98;
(f) in the entry for “sections 102, 103, 105, 107, 110, 113”, in the first column, omit 103, 105, 107, 110,;
(g) omit the entry for section 179;
(h) in the entry for “section 185(1), (2), (2A), (2B), (2C), (2D), (4)”, in the first column, omit “(2), (2A), (2B), (2C), (2D),”.

Part 2 — Minor and consequential amendments to other legislation

Financial Services and Markets Act 2000

52
(1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 137B (FCA general rules: clients' money, right to rescind etc), in subsection (3)
(a) omit the “and” after paragraph (a);
(b) after paragraph (b) insert , and
(c) specify, for the purposes of any of the following provisions of the Consumer Credit Act 1974, descriptions of rights arising under or by virtue of the rules—
(i) section 66A (withdrawal from consumer credit agreement);
(ii) section 69A (cancellation of linked transactions);
(iii) section 70 (cancellation: recovery of money paid by debtor or hirer);
(iv) section 71 (cancellation: repayment of credit);
(v) section 72 (cancellation: return of goods);
(vi) section 73 (cancellation: goods given in part-exchange);
(vii) section 99 (termination of conditional sale agreements etc);
(viii) section 102 (agency for receiving notice of rescission);
(ix) section 113 (Act not to be evaded by use of security);
(x) section 142 (power to declare rights of parties);
(xi) section 155 (right to recover brokerage fees);
(xii) the definition of “consumer credit agreement” in section 189 (definitions).
(3) In section 137C (FCA general rules: cost of credit and duration of credit agreements)—
(a) in subsection (3)(a), for “a guarantee or indemnity” substitute “security”;
(b) after subsection (3) insert—
(3A) In this section “security”, in relation to a regulated credit agreement, means a mortgage, charge, pledge, bond, debenture, indemnity, guarantee, bill, note or other right provided by the borrower, or at their request (express or implied), to secure the carrying out of the obligations of the borrower under the agreement.

Enterprise Act 2002

53 In Schedule 25 to the Enterprise Act 2002 (minor and consequential amendments), in paragraph 6, omit sub-paragraphs (23) and (26).

Consumer Credit Act 2006

54 In the Consumer Credit Act 2006, omit the following provisions—
(a) section 1 (definition of ‘individual’);
(b) sections 6 and 7 and the italic heading before section 6 (statements to be provided in relation to regulated credit agreements);
(c) sections 8 to 14 (default under regulated agreements);
(d) section 16(1) and (2) (time orders);
(e) section 63 (disapplication of section 101 of the Consumer Credit Act 1974).

Schedule 22 — Payment systems regulation

Part 1 — Amendments to the Financial Services and Markets Act 2000

1 The Financial Services and Markets Act 2000 is amended as follows.
2 In section 1B (FCA’s general duties)—
(a) in subsection (1)(b), after “operational objectives” insert “or payment systems objectives”;
(b) in subsection (4)
(i) for “or the integrity objective” substitute “, the integrity objective, the service-user objective or the innovation objective”;
(ii) for “consumers” substitute
(a) consumers, or
(b) persons who use, or are likely to use, services provided by participants in payment systems.
;
(c) in subsection (5)(b)(i), for “or a recognised investment exchange” substitute “, a recognised investment exchange or a participant in a regulated payment system”;
(d) after subsection (8) insert—
(9) References to the FCA’s payment systems objectives (including the service-user objective and the innovation objective) are references to the objectives referred to in sections 131Z7 and 131Z8.
3 In section 1F (meaning of “relevant markets in strategic objective”)—
(a) omit the and at the end of paragraph (b);
(b) after paragraph (c) insert , and
(d) the markets for—
(i) payment systems, and
(ii) services provided by participants in payment systems.
4 In section 1IA (modifications applying if core activity not regulated by PRA), in subsection (2)(b), omit the first or.
5 In section 1M (FCA’s general duty to consult)—
(a) the existing text becomes subsection (1);
(b) in that subsection, for practitioners and consumers substitute the persons listed in subsection (2);
(c) after that subsection insert—
(2) The persons who must be consulted under subsection (1) are—
(a) practitioners,
(b) consumers,
(c) participants in regulated payment systems, and
(d) other persons who use, or are likely to use, services provided by participants in regulated payment systems.
6 In section 1MA (composition of FCA panels), in subsection (1), omit , the Payment Systems Regulator.
7 In section 1RB (requirements in connection with FCA public consultations)—
(a) in subsection (2), for , the PRA or the Payment Systems Regulator substitute or the PRA;
(b) in subsection (5), omit paragraph (c) (and the “and” before it).
8 In section 2LA (composition of PRA panels), in subsection (1), omit , the Payment Systems Regulator.
9 In section 2NB (requirements in connection with PRA public consultations), for , the PRA or the Payment Systems Regulator substitute or the PRA.
10 In section 3B (regulatory principles to be applied by both regulators)—
(a) in subsection (2), at the end insert , but includes those who use, or are likely to use, services provided by participants in payment systems;
(b) in subsection (3)(a)(i) after “objectives” insert “payment systems objectives”.
11 In section 3I (power of PRA to require FCA to refrain from specified action), in subsection (3)(a)
(a) omit the “or” at the end of sub-paragraph (i);
(b) after sub-paragraph (ii) insert , or
(iii) its powers in relation to payment systems;
.
12 In section 3RD (report on certain reviews), in subsection (2)(a)(ii), after “objectives” insert “or payment systems objectives”.
13 In section 55B (the threshold conditions), in subsection (4)(a) after “operational objectives” insert “or payment systems objectives”.
14 In section 55L (imposition of requirements by FCA)—
(a) in subsection (2)(c) after “objectives” insert “or payment systems objectives”;
(b) in subsection (6) after “objectives” insert “or payment systems objectives”.
15 In section 55T (persons whose interests are protected), after “operational objectives,” insert “the FCA’s payment systems objectives,”.
16 In section 131Y (information gathering etc), in subsection (2), for “165A” substitute “165ZA”.
17 In section 131Z2 (exclusion and modification of other FCA duties), in subsection (1)(a), after “objectives” insert or payment systems objectives.
18 After Part 8B insert—

Part 8C — Payment systems

Interpretation

131Z3 Payment systems

(1) In this Act—
payment system means a system which is operated by one or more persons in the course of business for the purpose of enabling persons to make transfers of funds, and includes a system which is designed to facilitate the transfer of funds using another payment system;
regulated payment system means a payment system which has been designated under section 131Z5.
(2) But a reference to a “payment system” does not include—
(a) any arrangements for the physical movement of cash;
(b) a system which does not make any provision for the transfer of funds by payers, or to recipients, in the United Kingdom;
(c) a system operated by a recognised clearing house or a recognised CSD;
(d) a system—
(i) whose primary purpose is not that of enabling persons to transfer funds, and
(ii) that does not include any arrangements using digital settlement assets.
(3) In this Part—
digital settlement asset means a digital representation of value or rights, whether or not cryptographically secured, that—
(a) can be used for the settlement of payment obligations,
(b) can be transferred, stored or traded electronically, and
(c) uses technology supporting the recording or storage of data (which may include distributed ledger technology),
and includes a right to, or interest in, a digital settlement asset;
funds includes digital settlement assets.

131Z4 Participants in payment systems etc

(1) For the purposes of this Act and, in each case, in relation to a payment system—
participant means—
(a) any operator;
(b) any infrastructure provider;
(c) any payment system service provider;
operator means any person with responsibility under the system for managing or operating it, and any reference to the operation of a payment system includes a reference to its management;
infrastructure provider means any person who provides or controls any part of the infrastructure used for the purposes of operating the payment system;
payment system service provider means any person who provides services for the purpose of enabling the transfer of funds using the payment system.
(2) In relation to a payment system that includes arrangements using digital settlement assets, a reference to a payment system service provider includes a reference to—
(a) a person responsible for managing the issuance and redemption of digital settlement assets;
(b) a person whose business or occupation is to safeguard, or to safeguard and administer digital settlement assets, including their private cryptographic keys (or means of access);
(c) a digital settlement asset exchange provider (as defined in section 182(5B) of the Banking Act 2009);
(d) a person who—
(i) sets rules, standards, or conditions of access or participation in relation to the system, or
(ii) provides any service that facilitates, or supports, a transfer of money or digital settlement assets to be made using the system, including any infrastructure provider in relation to the system.
(3) For the purposes of this Act, a payment system service provider has “direct access” to a payment system if the payment system service provider is able to provide services for the purpose of enabling the transfer of funds using the payment system as a result of arrangements made between the payment system service provider and an operator of the system.
(4) In this Act, a reference to participating in a payment system—
(a) is to be read in accordance with this section,
(b) in the case of an operator of a payment system, includes a reference to developing the system, and
(c) includes, in the case of a payment system service provider, a reference to entering into an agreement with a person to enable the person to become a payment system service provider in relation to the system.
(5) In this Act, a reference to services provided by participants in payment systems is a reference to—
(a) services provided between participants, or
(b) services provided by participants to persons who are not participants,
in each case, for the purposes of, or in connection with, payment systems.
(6) The Bank of England is not to be regarded as a participant of any kind in any payment system.
(7) The Treasury may by regulations make provision for the purpose of changing the meaning of “payment system”, “participant”, “participation”, “operator”, “infrastructure provider” or “payment system service provider” (including by changing any definitions used in those definitions).

Designation of regulated payment systems

131Z5 Designation of regulated payment systems

(1) The Treasury may by notice designate a payment system as a regulated payment system.
(2) The Treasury may designate a payment system under subsection (1) only if they are satisfied that any deficiency in the design of the system, or any disruption of its operation, would be likely to have serious consequences for those who use, or are likely to use, the services provided by participants in the system.
(3) In considering whether to designate a payment system, the Treasury must have regard to—
(a) the number and value of the transactions that the system processes or is likely to process in the future,
(b) the nature of the transactions that the system presently processes or is likely to process in the future,
(c) whether those transactions or their equivalent could be handled by other payment systems, and
(d) the relationship between the system and other payment systems.
(4) Before designating a payment system, the Treasury must—
(a) consult the FCA and, if the system is a recognised payment system, the Bank of England,
(b) notify the operator or operators of the system, and
(c) consider any representations made.
(5) In considering whether to designate a payment system, the Treasury may rely on information provided by—
(a) the Bank of England,
(b) the FCA, or
(c) the PRA.
(6) A notice under subsection (1) must—
(a) specify a payment system with sufficient detail to identify it, and
(b) be published in the way appearing to the Treasury to be best calculated to bring it to the attention of persons likely to be affected by it.
(7) In this Part, a “recognised payment system” means a payment system which has been specified as a recognised system in a recognition order made under section 184 of the Banking Act 2009.

131Z6 Revision or withdrawal of a designation

(1) The Treasury may by further notice revise or withdraw a notice designating a payment system under section 131Z5.
(2) The Treasury must by further notice withdraw a notice designating a payment system if they are not satisfied that the grounds for designation in section 131Z5(2) are met by the payment system in question.
(3) Before revising or withdrawing a notice designating a payment system, the Treasury must—
(a) consult the FCA and, if the system is a recognised payment system, the Bank of England,
(b) notify the operator or operators of the system, and
(c) consider any representations made.
(4) If the operator or operators of a regulated payment system requests that a notice designating the system be revised or withdrawn, the Treasury must consider the request.
(5) A notice under subsection (1) or (2) must be published in the way appearing to the Treasury to be best calculated to bring it to the attention of persons likely to be affected by it.

Payment systems objectives

131Z7 Payment systems objectives

(1) In this Act, a reference to the FCA’s payment systems objectives is a reference to—
(a) the service-user objective (see subsection (2)),
(b) the innovation objective (see subsection (3)), and
(c) the payment systems competition objective (see section 131Z8).
(2) The service-user objective is: ensuring that payment systems are operated and developed in a way that takes account of, and promotes, the interests of those who use, or are likely to use, services provided by participants in payment systems.
(3) The innovation objective is: promoting the development of, and innovation in, payment systems in the interests of those who use, or are likely to use, services provided by participants in payment systems, with a view to improving the quality, efficiency and economy of payment systems.
(4) In subsection (3), the reference to promoting the development of, and innovation in, payment systems includes, in particular, a reference to promoting the development of, and innovation in, infrastructure to be used for the purposes of operating payment systems.

131Z8 The payment systems competition objective

(1) The payment systems competition objective is: promoting effective competition in—
(a) the market for payment systems, and
(b) the markets for services provided by participants in payment systems,
in the interests of those who use, or are likely to use, services provided by participants in payment systems.
(2) The reference in subsection (1) to promoting effective competition includes, in particular, promoting effective competition—
(a) between operators of different payment systems,
(b) between different payment system service providers, and
(c) between different infrastructure providers.
(3) The matters to which the FCA may have regard in considering the effectiveness of competition in a market mentioned in subsection (1) include—
(a) the needs of different persons who use, or may use, services provided by participants in payment systems;
(b) the ease with which persons who obtain those services can change the person from whom they obtain them;
(c) the needs of different participants in payment systems or persons who wish to become participants;
(d) the ease with which payment system service providers can change the payment system they use to provide their services;
(e) the ease with which operators of payment systems can change the infrastructure used to operate payment systems;
(f) the ease with which infrastructure providers can provide infrastructure for the purposes of operating payment systems;
(g) the ease with which payment system service providers can provide services using payment systems;
(h) the level and structure of fees, charges or other costs associated with participation in payment systems;
(i) the ease with which new entrants can enter the market;
(j) how far competition is contributing to the development of efficient and effective infrastructure for the purposes of operating payment systems;
(k) how far competition is encouraging innovation.

Rules and directions: regulated payment systems

131Z9 Payment system rules

(1) The FCA may make such rules applying to participants in regulated payment systems as appear to the FCA to be necessary or expedient for the purpose of advancing one or more of its payment systems objectives.
(2) Rules under subsection (1) may make provision applying to participants in regulated payment systems even though there is no relationship between the participant to whom the rules will apply and the persons whose interests will be protected by the rules.
(3) Rules under subsection (1) may contain requirements which take into account, in the case of a participant who is a member of a group, any activity of another member of the group.

131Z10 Power to direct participants in regulated payment systems

(1) The FCA may give a direction to a participant in a regulated payment system if the FCA considers it desirable for the purpose of advancing one or more of its payment systems objectives.
(2) A direction given under this section may—
(a) apply to a particular participant or participants, or participants meeting a particular description;
(b) take effect immediately or on such other date as may be specified in the direction;
(c) require or prohibit the taking of specified action in relation to the system;
(d) set standards to be met in relation to the system.
(3) The reference in subsection (2)(c) to requiring or prohibiting specified action includes a reference to—
(a) requiring an operator to make, or change, its rules for the operation of the system, including by requiring specified rules or rules to achieve a specified purpose, and
(b) prohibiting the taking of specified action without the consent of, or without first notifying, the FCA.
(4) A direction given under this section may be—
(a) varied by further direction under this section, or
(b) revoked at any time.
(5) A direction, or a variation or revocation of a direction, must be—
(a) given in writing to the participants to whom the direction applies, or
(b) published in the way appearing to the FCA to be best calculated to bring it to the attention of persons likely to be affected by it.
(6) The variation or revocation of a direction does not affect the validity of anything previously done in accordance with it.

131Z11 Power to direct: duty to consult

(1) This section applies in relation to a direction under section 131Z10.
(2) Before the direction is given or, if the FCA considers it appropriate for reasons of urgency, as soon as reasonably practicable after the direction is given, the FCA must—
(a) give written notice to the participant or participants to whom the direction applies or would apply, or
(b) publish a notice in the way appearing to the FCA to be best calculated to bring it to the attention of persons likely to be affected by it.
(3) A notice under subsection (2) must—
(a) give details of the direction,
(b) state the FCA’s reasons for the direction, and
(c) inform the participants that they may make representations to the FCA within such period as may be specified in the notice.
(4) The FCA may extend the period allowed under the notice for making representations.
(8) In this section, reference to giving a direction includes reference to varying a direction by direction.

131Z12 Price control

(1) The FCA may exercise the powers in sections 131Z9 and 131Z10 to regulate fees or charges payable in connection with—
(a) participation in a regulated payment system, or
(b) the use of services provided by participants in a regulated payment system.
(2) The reference to regulating fees or charges includes, for example, a reference to—
(a) regulating how fees or charges are set;
(b) imposing a methodology for calculation;
(c) setting a maximum or minimum or range.

Other powers relating to regulated payment systems

131Z13 Power to require granting of access to regulated payment systems

(1) This section applies where a person (“the applicant”) applies for a direction under this section.
(2) The FCA may by direction require an operator of a regulated payment system to enable the applicant to become a payment system service provider in relation to the system.
(3) The FCA may by direction require any payment system service provider with direct access to a regulated payment system to enter into an agreement with the applicant to enable the applicant to become a payment system service provider in relation to the system.
(4) A direction under this section may provide for the applicant to become a payment system service provider in relation to a regulated payment system—
(a) for a period specified in the direction;
(b) on terms and conditions specified in the direction.
(5) The FCA may exercise a power under this section only if it appears to the FCA that it is desirable to do so in order to advance one or more of the FCA’s payment systems objectives.
(6) A direction under this section must be given in writing to—
(a) the operator or payment system service provider to whom it applies, and
(b) the applicant.

131Z14 Variation of agreements relating to regulated payment systems

(1) This section applies to the following agreements—
(a) any agreement made between an operator or operators of a regulated payment system and a payment system service provider in relation to the system;
(b) any agreement made between a payment system service provider with direct access to a regulated payment system and another person for the purposes of enabling that other person to become a payment system service provider in relation to the system;
(c) any agreement concerning fees or charges payable in connection with—
(i) participation in a regulated payment system, or
(ii) the use of services provided by a participant in a regulated payment system.
(2) The FCA may, by direction given on the application of a party to an agreement to which this section applies, vary the agreement by—
(a) varying any of the fees or charges payable under the agreement,
(b) in the case of an agreement within subsection (1)(a), varying any other terms and conditions relating to the payment system service provider’s participation in the payment system, or
(c) in the case of an agreement within subsection (1)(b), varying any other terms and conditions relating to the other person’s participation in the payment system as a payment system service provider.
(3) The power under this section to vary any fee or charge includes power to specify a maximum fee or charge.
(4) If the FCA varies an agreement under this section, the agreement has effect subject to the variation.
(5) The FCA may exercise a power under this section only if it appears to the FCA that it is desirable to do so in order to advance one or more of the FCA’s payment systems objectives.
(6) A direction under this section must be given in writing to the parties of the agreement being varied.

131Z15 Power to require disposal of interest in regulated payment system

(1) The FCA may by direction require a person who has an interest in—
(a) an operator of a regulated payment system, or
(b) an infrastructure provider in relation to a regulated payment system,
to dispose of all or part of that interest.
(2) The power conferred by subsection (1) may be exercised only if the FCA is satisfied that, if the power is not exercised, there is likely to be a restriction or distortion of competition in—
(a) the market for payment systems, or
(b) a market for services provided by participants in payment systems.
(3) The reference in subsection (2) to a restriction or distortion of competition includes, in particular, a restriction or distortion of competition—
(a) between operators of different payment systems,
(b) between different payment system service providers, or
(c) between different infrastructure providers.
(4) The FCA may not exercise the power conferred by subsection (1) without the consent of the Treasury.
(5) If the FCA decides to exercise the power conferred by subsection (1) in relation to a person who has an interest in an operator of a regulated payment system—
(a) the FCA must notify the Secretary of State and the CMA, and
(b) neither the Secretary of State nor the CMA may take any action in relation to the person that would require the person to dispose of all or part of that interest.
(6) A direction under this section must be given in writing to the person to whom the notice applies and to the operator or infrastructure provider concerned.

131Z16 Appeals to CMA

(1) A person who is affected by—
(a) a decision to impose a requirement under section 131Z13,
(b) a decision to vary an agreement under section 131Z14, or
(c) a decision to impose a requirement under section 131Z15,
may appeal to the CMA against the decision.
(2) An appeal to the CMA—
(a) may only be made with the permission of the CMA, and
(b) must be made in accordance with this section.
(3) The CMA may refuse permission for an appeal only if—
(a) the appeal is made for reasons that are trivial or vexatious, or
(b) the appeal has no reasonable prospect of success.
(4) In determining an appeal under this section, the CMA must have regard, to the same extent as is required of the FCA, to the matters to which the FCA must have regard in discharging its functions under section 131Z12, 131Z13 or 131Z14 (as appropriate).
(5) In determining the appeal, the CMA—
(a) may have regard to any matter to which the FCA may have regard in relation to the decision to which the appeal relates, but
(b) must not, in the exercise of that power, have regard to any matter to which the FCA would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so.
(6) The CMA must either—
(a) dismiss the appeal, or
(b) quash the whole or part of the decision to which the appeal relates.
(7) The CMA must act as mentioned in subsection (6)(b) only to the extent that it is satisfied that the decision was wrong on one or more of the following grounds—
(a) that the FCA failed to properly have regard to any matter mentioned in subsection (4);
(b) that the FCA failed to give appropriate weight to any matter mentioned in subsection (4);
(c) that the decision was based, wholly or partly, on an error of fact;
(d) that the decision was wrong in law.
(8) If the CMA quashes the whole or part of a decision, it may either—
(a) refer the matter back to the FCA with a direction to reconsider and make a new decision in accordance with its ruling, or
(b) substitute its own decision for that of the FCA.
(9) The CMA may not direct the FCA to take any action which it would not otherwise have the power to take in relation to the decision.
(10) Schedule 12A contains further provision about the making of appeals in accordance with this section.

Co-ordination between the regulators

131Z17 Co-ordination in relation to payment systems

(1) The following are regulators for the purposes of this section—
(a) the FCA,
(b) the PRA, and
(c) the Bank of England.
(2) The regulators must co-ordinate the exercise of their relevant functions with a view to ensuring—
(a) that each regulator consults every other regulator (where not otherwise required to do so) in connection with any proposed exercise of a relevant function in a way that may have a material adverse effect on the advancement by the other regulator of any of its objectives;
(b) that where appropriate each regulator obtains information and advice from every other regulator in connection with the exercise of its relevant functions in cases where the other regulator may be expected to have relevant information or relevant expertise.
(3) The duty in subsection (2) applies only to the extent that compliance with the duty—
(a) is compatible with the advancement by each regulator of any of its objectives, and
(b) does not impose a burden on the regulators that is disproportionate to the benefits of compliance.
(4) In this section, “relevant functions” means—
(a) in relation to the FCA, the functions conferred on it by or under—
(i) this Act, so far as they relate to the regulation of payment systems, payment services, electronic money, cash access services or cryptoassets;
(ii) the Electronic Money Regulations 2011 (S.I. 2011/99), the Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911), the Payment Accounts Regulations 2015 (S.I. 2015/2038), or the Payment Services Regulations 2017 (S.I. 2017/752);
(b) in relation to the PRA, functions conferred on it by or under this Act so far as they relate to the regulation of PRA-authorised persons who are participants in payment systems or carry on activities relating to payment services, the issuing of electronic money, cash access services or cryptoassets;
(c) in relation to the Bank of England, its functions under Part 5 (payment systems) and Part 5A (wholesale cash distribution) of the Banking Act 2009.
(5) In this section, “objectives” means—
(a) in relation to the FCA—
(i) operational objectives, payment systems objectives, and the purpose for which the FCA must exercise its functions under Part 8B (see section 131U(1)), and
(ii) in its application as a secondary objective, the competitiveness and growth objective (see section 1EB);
(b) in relation to the PRA—
(i) the PRA’s objectives, and
(ii) in their application as secondary objectives, the competition objective and competitiveness and growth objective (see section 2H);
(c) in relation to the Bank of England, the Financial Stability Objective.
(6) In this section, a reference to advancing objectives includes, in relation to the FCA, a reference to ensuring compliance with the requirements of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29th April 2015 on interchange fees for card-based payment transactions.
(7) Where a regulator is proposing to exercise a function that is not one of its general functions, the reference to “objectives” in subsection (2)(a) does not include the secondary objectives mentioned in subsection (5)(a)(ii) and (b)(ii).
(8) In this section, “general functions”—
(a) in relation to the FCA, has the same meaning as in section 1B(6), and
(b) in relation to the PRA, has the same meaning as in section 2J(1).

131Z18 Memorandum of understanding: payment systems

(1) The following are regulators for the purposes of this section—
(a) the FCA,
(b) the PRA, and
(c) the Bank of England.
(2) The regulators must prepare and maintain a memorandum which describes in general terms—
(a) the role of each in relation to the exercise of relevant functions (having the meaning given in section 131Z17(4)), and
(b) how they intend to comply with section 131Z17 in relation to the exercise of such functions.
(3) The regulators must review the memorandum at least once in each calendar year.
(4) The regulators must give the Treasury a copy of the memorandum and any revised memorandum.
(5) The Treasury must lay before Parliament a copy of any document received by them under this section.
(6) The regulators must ensure that the memorandum as currently in force is published in the way appearing to them to be best calculated to bring it to the attention of the public.
(7) The memorandum need not relate to any aspect of compliance with section 131Z17 if the regulators consider—
(a) that publication of information about that aspect would be against the public interest, or
(b) that that aspect is a technical or operational matter not affecting the public.
(8) The memorandum need not relate to matters which the regulators consider are adequately described in a memorandum under section 3E.

General

131Z19 Persons whose interests are protected

For the purpose of any provision of this Part that refers to the FCA’s payment systems objectives in relation to the exercise of a power in relation to a particular person, it does not matter whether there is a relationship between that person and the persons whose interests will be protected by the exercise of the power.

131Z20 Applications under this Part

(1) An application under this Part must—
(a) be made in such manner as the FCA may direct, and
(b) contain, or be accompanied by, such other information as the FCA may reasonably require.
(2) At any time after the application is received and before it is determined, the FCA may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application.
(3) The FCA may require an applicant to provide information which the applicant is required to provide to it under this section in such form, or to verify it in such a way, as the FCA may direct.
(4) The FCA may give different directions, and impose different requirements, in relation to different applications or categories of application.
(5) An applicant may withdraw an application by giving the FCA written notice at any time before the FCA determines it.
19 In section 138A (modification or waiver of rules), in subsection (5), at the end insert or payment systems objectives.
20 In section 138I (consultation by the FCA), in subsection (1)(a), after “the PRA” insert “and, in the case of rules made under section 131Z9, the Bank of England”.
21 In section 138L (consultation: general exemptions)—
(a) in subsection (1), omit , as defined in section 425A;
(b) at the end insert—
(7) “Consumers” has the meaning given in section 425A but includes those who use, or are likely to use, services provided by participants in payment systems.
22 In section 138P (technical standards), in subsection (5)(b), omit or the Payment Systems Regulator.
23 In section 138S (application of chapters 1 and 2 of Part 9A), in subsection (2), in paragraph (i), for sub-paragraph (i) substitute—
(i) in subsection (6), for the words from “section 425” to the end there were substituted “section 1G but includes regulated persons within the meaning given in regulation 2 of the Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911)”;
.
24 In section 140A (competition scrutiny: interpretation), in subsection (1), omit the definition of “the CMA”.
25 After section 165 (power to require information) insert—

165ZA FCA power to require information: payment systems

(1) The FCA may by notice in writing require a person to provide information or documents—
(a) which the FCA thinks will help the Treasury in determining whether to designate a payment system under section 131Z5, or
(b) which the FCA otherwise requires in connection with its functions relating to payment systems.
(2) In particular, a notice under subsection (1) may require a participant in a regulated payment system to notify the FCA if events of a specified kind occur.
(3) The information or documents must be provided or produced at such time and place as may be specified.
(4) The FCA may specify that the information or documents must be provided or produced—
(a) before the end of such reasonable period as may be specified, or
(b) if the FCA considers it necessary for reasons of urgency, without delay.
(5) The FCA may require any information provided under this section to be provided in such form as it may reasonably require.
(6) The FCA may require—
(a) any information provided, whether in a document or otherwise, to be verified in such manner, or
(b) any document produced to be authenticated in such manner,
as it may reasonably require.
(7) “Specified” means specified in the notice.
26 In section 166 (reports by skilled persons)—
(a) in subsection (10), after (11), insert (11A),;
(b) after subsection (11) insert—
(11A) This subsection applies to a person who is, or has been, a participant in a regulated payment system.
27 In section 166A (appointment of skilled person to collect and update information), after subsection (9B) insert—
(9C) The powers conferred by this section may also be exercised by the FCA in relation to a participant in a regulated payment system (and references to an authorised person are to be read accordingly).
28 In section 167 (appointment of persons to carry out general investigations)—
(a) in subsection (1A)(e), after “imposed” insert ;
(f) a participant in a regulated payment system.
;
(b) in subsection (4A)
(i) in the words before paragraph (a), for or (e) substitute , (e) or (f);
(ii) in paragraph (a), for or (e) substitute , (e) or (f);
(c) in subsection (5A)(d), for or (e) substitute , (e) or (f).
29 In section 168 (appointment of persons to carry out investigations in particular cases), in subsection (4B)
(a) the words from “a person” to the end become paragraph (a);
(b) after paragraph (a) insert , or
(b) a participant in a regulated payment system may have contravened a direction given under section 131Z10.
30 In section 176 (entry of premises under warrant)—
(a) in subsection (3A)(e), after “requirement” insert ;
(f) a participant in a regulated payment system
.
(b) in subsection (11)(a), after “165” insert “, 165ZA”.
31 In section 187 (approval with conditions), after subsection (4) insert—
(5) In subsection (2)(aa) “objectives”, in relation to the FCA, means operational objectives.
32 In section 204A (meaning of “relevant requirement”), after subsection (2)(d), insert as closing words ,
but does not include a requirement imposed under section 131Z14 or 131Z15.
33 In section 205 (public censure), after subsection (2) insert—
(3) If the FCA considers that a participant in a regulated payment system who is not an authorised person has contravened a relevant requirement imposed on the participant, it may publish a statement to that effect.
34 In section 206 (financial penalties), after subsection (1A) insert—
(1B) If the FCA considers that a participant in a regulated payment system who is not an authorised person has contravened a relevant requirement imposed on the participant, it may impose on the participant a penalty, in respect of the contravention, of such amount as it considers appropriate.
35 In section 207 (proposal to take disciplinary measures), after subsection (1A) insert—
(1B) If the FCA proposes—
(a) to publish a statement in respect of a participant in a regulated payment system under section 205(3), or
(b) to impose a penalty on a participant under section 206(1B),
it must give the participant a warning notice.
36 In section 208 (decision notice)—
(a) after subsection (1A) insert—
(1B) If the FCA decides—
(a) to publish a statement in respect of a participant in a regulated payment system under section 205(3), or
(b) to impose a penalty on a participant under section 206(1B),
it must without delay give the participant a decision notice.
;
(b) after subsection (5) insert—
(6) If the FCA decides—
(a) to publish a statement in respect of a participant in a regulated payment system under section 205(3), or
(b) to impose a penalty on a participant under section 206(1B),
the participant may refer the matter to the Tribunal.
37 In section 209 (publication of statements of public censure), after subsection (2) insert—
(3) After a statement under section 205(3) is published, the FCA must send a copy of it to the participant to whom the statement relates and to any person to whom a copy of the decision notice was given under section 393(4).
38 In section 232A (ombudsman scheme operator’s duty to provide information to FCA), in subsection (1), after “operational objectives” insert “or payment systems objectives”.
39 In section 234C (complaints by consumer bodies), omit subsection (1A).
40 After section 234C insert—

234CA Complaints by designated representative bodies

(1) A designated representative body may make a complaint to the FCA that a feature, or combination of features, of a market in the United Kingdom for payment systems or services provided by participants in payment systems is, or appears to be, significantly damaging the interests of those who use, or are likely to use, those services (“service-users”).
(2) “Designated representative body” means a body designated by the Treasury by regulations.
(3) The Treasury—
(a) may designate a body only if it appears to them to represent the interests of service-users of any description, and
(b) must publish in such manner as they think fit (and may from time to time vary) criteria to be applied by them in determining whether to make or revoke a designation.
(4) In this section—
(a) “market in the United Kingdom” has the meaning given in section 140A;
(b) the reference to a feature of a market in the United Kingdom for payment systems or services provided by participants in payment systems has a meaning corresponding to that which a reference to a feature of a market in the United Kingdom for goods and services has (by virtue of section 140A(3)) for the purposes of Chapter 4 of Part 9A.
41 In section 234E (response by FCA), in subsection (1), after “section 234C” insert “or 234CA”.
42 In section 234G (guidance), in subsection (1)
(a) in paragraph (a), after “section 234C” insert “or 234CA”;
(b) in paragraph (b), after “section 234C” insert “, 234CA”.
43 In section 234I (FCA’s functions under Part 4 of the Enterprise Act 2002)—
(a) in subsection (1), for the Competition and Markets Authority (referred to in this Part as “the CMA”) substitute the CMA;
(b) in subsection (2), after “financial services” insert “, to the provision of services by participants in payment systems”;
(c) in subsection (6)(a), after “financial services” insert “or services provided by participants in payment systems,”.
44 In section 234J (FCA’s functions under the Competition Act 1998), in subsection (2), after financial services insert or the provision of services by participants in payment systems.
45 In section 234K (duty to consider exercise of powers under Competition Act 1998), after subsection (3)(d) insert—
(da) the power to give, vary or revoke a direction under section 131Z10;
(db) the power to require access under section 131Z13;
(dc) the power to vary an agreement under section 131Z14;
(dd) the power to require a disposal under section 131Z15;
.
46 In section 234M (function of keeping market under review), in subsection (1), after financial services insert , payment systems, and the services provided by participants in payment systems.
47 In section 354A (FCA’s duty to co-operate with others)—
(a) in subsection (2), for and 3Q substitute , 3Q and 131Z17;
(b) in subsection (2A), for the Competition and Markets Authority substitute the CMA.
48 In section 380 (injunctions), after subsection (6)(a)(vi), insert as closing words ,
but does not include a requirement imposed under section 131Z15;
.
49 After section 380 insert—

380A Enforcement of requirement to dispose of interest in a payment system

(1) A requirement imposed under section 131Z15 (power to require disposal of interest in a payment system) is enforceable on application by the FCA for an injunction or for interdict or for any other appropriate relief or remedy.
(2) The FCA may not bring an application to enforce a requirement imposed under that section unless—
(a) the time for bringing an appeal against the decision to impose the requirement has expired and no appeal has been brought within that time, or
(b) the person on whom the requirement was imposed has within that time brought such an appeal and the appeal has been dismissed or withdrawn.
50 In section 391 (publication), in subsection (6)
(a) omit the “or” at the end of paragraph (b), and
(b) after paragraph (b) insert—
(ba) prejudicial to the interests of others who use, or are likely to use, services provided by participants in payment systems (ignoring the person with respect to whom the action was taken, or was proposed to be taken), or
.
51 In section 392 (application of sections 393 and 394)—
(a) in paragraph (a), for 207(1) or (1A) substitute 207(1), (1A) or (1B);
(b) in paragraph (b), for 208(1) or (1A) substitute 208(1), (1A) or (1B).
52 In section 395 (the FCA’s and PRA’s procedures), in subsection (3)(a), after “operational objectives” insert “or payment systems objectives”.
53 In section 399 (misleading the CMA), for the Competition and Markets Authority substitute the CMA.
54 In section 409B (notification in relation to international trade obligations), in subsection (4)(b), at the end insert or relating to the regulation of payment systems.
55 In section 417 (definitions), in subsection (1)
(a) at the appropriate places insert—
the CMA means the Competition and Markets Authority;
;
infrastructure provider, in relation to a payment system, has the meaning given in section 131Z4;
;
operator, in relation to a payment system, has the meaning given in section 131Z4;
;
participant, in relation to a payment system, has the meaning given in section 131Z4 (and references to participation are to be read in accordance with that section);
;
payment system has the meaning given in section 131Z3;
;
payment systems objectives has the meaning given in section 131Z7;
;
payment system service provider has the meaning given in section 131Z4;
;
regulated payment system has the meaning given in section 131Z3;
;
(b) omit the definition of the Payment Systems Regulator.
56 In section 427 (transitional provisions), in subsection (3)(a), for the Competition and Markets Authority substitute the CMA.
57 In section 429 (parliamentary control of statutory instruments), in subsection (2), after 131O(7), insert 131Z4(7),.
58 In Schedule 1ZA (the Financial Conduct Authority)—
(a) in paragraph 2(2), omit paragraph (ca);
(b) in paragraph 2(3), for “a person holding an office mentioned in paragraph 2(2)(c) or (ca)” substitute “the Bank’s Deputy Governor for prudential regulation”;
(c) in paragraph 3(6), omit or of the Payment Systems Regulator;
(d) omit paragraph 6A;
(e) in paragraph 11(1), after paragraph (b) insert—
(ba) the extent to which, in its opinion, its payment systems objectives have been advanced,
;
(f) in paragraph 21(2)
(i) omit the “and” after paragraph (c);
(ii) at the end of paragraph (d) insert and
(f) participants in regulated payment systems.
;
(g) in paragraph 25(1A), omit paragraph (a);
(h) in paragraph 28(4)(a), after “objectives” insert “or payment systems objectives”.
59 In Schedule 1ZB (the Prudential Regulation Authority), in paragraph 33, omit sub-paragraph (1A).
60 After Schedule 12 insert—

Schedule 12A3 — Procedure for appeals to the CMA

Functions of CMA to be discharged by group

1 Except where specified otherwise in this Schedule, the functions of the CMA with respect to an appeal are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (see paragraph 35 of that Schedule).

Application for permission to bring appeal

2
(1) An application for permission to bring an appeal may be made only by sending a notice to the CMA requesting the permission.
(2) An application for permission to appeal must be accompanied by all such information as may be required by appeal rules.
(3) Appeal rules may require information contained in an application for permission to appeal to be verified by a statement of truth.
(4) A person who applies for permission to bring an appeal in accordance with this paragraph is referred to in this Schedule as the appellant.
(5) The appellant must send the FCA—
(a) a copy of the application for permission to appeal at the same time as it is sent to the CMA, and
(b) such other information as may be required by appeal rules.
(6) The CMA's decision whether to grant permission to appeal is to be taken by an authorised member of the CMA.
(7) Before the authorised member decides whether to grant permission under this paragraph, the FCA must be given an opportunity of making representations or observations, in accordance with paragraph 4(2).
(8) The CMA's decision on an application for permission must be made—
(a) where the FCA makes representations or observations in accordance with paragraph 4(2), before the end of the period of 10 working days beginning with the first working day after the day on which those representations or observations are received;
(b) in any other case, before the end of the period of 14 working days beginning with the first working day after the day on which the application for permission was received.
(9) The grant of permission may be made subject to conditions, which may include—
(a) conditions which limit the matters that are to be considered on the appeal in question;
(b) conditions for the purpose of expediting the determination of the appeal;
(c) conditions requiring the appeal to be considered together with other appeals (including appeals relating to different matters or decisions and appeals brought by different persons).
(10) Where a decision is made to grant or to refuse an application for permission, an authorised member of the CMA must notify the decision, giving reasons, to—
(a) the appellant, and
(b) the FCA.
(11) A decision of the CMA under this paragraph must be published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is made.
(12) The CMA may exclude from publication under sub-paragraph (11) any information which it is satisfied is—
(a) commercial information, the disclosure of which would, or might in the CMA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or
(b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CMA's opinion, significantly harm the individual's interests.

Suspension of decision

3
(1) The CMA may direct that, pending the determination of an appeal against a decision of the FCA—
(a) the decision is not to have effect, or
(b) the decision is not to have effect to such extent as may be specified in the direction.
(2) The power to give a direction under this paragraph is exercisable only where—
(a) an application for a direction is made by the appellant at the same time as the appellant makes an application in accordance with paragraph 2 for permission to bring an appeal against a decision of the FCA,
(b) the FCA has been given an opportunity of making representations or observations, in accordance with paragraph 4(2), and
(c) the balance of convenience does not otherwise require effect to be given to the decision pending the determination of the appeal.
(3) The CMA's decision on an application for a direction under this paragraph must be made—
(a) where the FCA makes representations or observations in accordance with paragraph 4(2), before the end of the period of 10 working days beginning with the first working day after the day on which those representations or observations are received;
(b) in any other case, before the end of the period of 14 working days beginning with the first working day following the day on which the application for the direction is received.
(4) The appellant must send the FCA a copy of the application for a direction under this paragraph at the same time as it is sent to the CMA.
(5) The CMA's decision whether to give a direction is to be taken by an authorised member of the CMA.
(6) A direction under this paragraph must be—
(a) given by an authorised member of the CMA, and
(b) published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is given.
(7) The CMA may exclude from publication under sub-paragraph (6)(b) any information which it is satisfied is—
(a) commercial information, the disclosure of which would, or might in the CMA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or
(b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CMA's opinion, significantly harm the individual's interests.

Time limit for representations and observations by the FCA

4
(1) Sub-paragraph (2) applies where the FCA wishes to make representations or observations to the CMA in relation to—
(a) an application for permission to bring an appeal under paragraph 2;
(b) an application for a direction under paragraph 3.
(2) The FCA must make the representations or observations in writing before the end of the period of 10 working days beginning with the first working day after the day on which it received a copy of the application under paragraph 2(5) or 3(4) (as the case may be).
(3) Sub-paragraph (4) applies where an application for permission to bring an appeal has been granted and the FCA wishes to make representations or observations to the CMA in relation to—
(a) the FCA’s reasons for the decision in relation to which the appeal is being brought;
(b) any grounds on which that appeal is being brought against that decision.
(4) The FCA must make the representations or observations in writing before the end of the period of 15 working days beginning with the first working day after the day on which permission to bring the appeal was granted.
(5) The FCA must send a copy of the representations and observations it makes under this paragraph to the appellant.

Consideration and determination of appeal by group

5
(1) A group constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 for the purpose of carrying out functions of the CMA with respect to an appeal must consist of three members of the CMA panel.
(2) A decision of the group is effective if, and only if—
(a) all the members of the group are present when it is made, and
(b) at least two members of the group are in favour of the decision.

Time limits for determining appeal

6
(1) The CMA must determine an appeal within the period of 6 months beginning with the permission date.
(2) If—
(a) the CMA has received representations on the timing of the determination from a party to the appeal, and
(b) it is satisfied that there are special reasons why the determination cannot be made within the period specified in sub-paragraph (1),
the CMA must determine the appeal within the period specified by it, which must not be longer than the period of 7 months beginning with the permission date.
(3) In a case where sub-paragraph (2) applies, the CMA must also—
(a) inform the parties to the appeal of the time limit for determining the appeal, and
(b) publish that time limit in such manner as it considers appropriate for the purpose of bringing it to the attention of any other persons likely to be affected by the determination.
(4) In this paragraph the “permission date” in relation to an appeal is the date on which the CMA gave permission to bring the appeal in accordance with section 131Z16(2)(a).

Matters to be considered on appeal

7 The CMA, if it thinks it necessary to do so for the purpose of securing the determination of an appeal within the period provided for by paragraph 6, may disregard—
(a) any or all matters raised by an appellant that were not raised by that appellant at the time when the application for permission to appeal was made, and
(b) any or all matters raised by the FCA that were not contained in representations or observations made for the purposes of the appeal in accordance with paragraph 4.

Production of documents etc

8
(1) For the purposes of this Schedule, the CMA may by notice—
(a) require a person to produce to the CMA the documents specified or otherwise identified in the notice;
(b) require any person who carries on a business to supply to the CMA such estimates, forecasts, returns or other information as may be specified or described in the notice in relation to that business.
(2) The power to require the production of a document, or the supply of any estimate, forecast, return or other information, is a power to require its production or, as the case may be, supply—
(a) at the time and place specified in the notice, and
(b) in a legible form.
(3) No person is to be compelled under this paragraph to produce a document or supply an estimate, forecast, return or other information which the person could not be compelled to produce in civil proceedings in the High Court or Court of Session.
(4) An authorised member of the CMA may, for the purpose of the exercise of the functions of the CMA, make arrangements for copies to be taken of a document produced or an estimate, forecast, return or other information supplied to it under this paragraph.
(5) A notice for the purposes of this paragraph—
(a) may be issued on the CMA's behalf by an authorised member of the CMA;
(b) must include information about the possible consequences of not complying with the notice (as set out in paragraphs 12 and 13).

Oral hearings

9
(1) For the purposes of this Schedule an oral hearing may be held, and evidence may be taken on oath—
(a) by a person considering an application for permission to bring an appeal under paragraph 2,
(b) by a person considering an application for a direction under paragraph 3, or
(c) by a group with the function of determining an appeal;
and, for that purpose, such a person or group may administer oaths.
(2) The CMA may by notice require a person—
(a) to attend at a time and place specified in the notice, and
(b) at that time and place, to give evidence to a person or group mentioned in sub-paragraph (1).
(3) At any oral hearing the person or group conducting the hearing may—
(a) require the appellant or the FCA, if present at the hearing, to give evidence or to make representations or observations, or
(b) require a person attending the hearing as a representative of the appellant or of the FCA to make representations or observations.
(4) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any party to the appeal.
(5) If the appellant, the FCA, or the appellant's or FCA's representative is not present at a hearing—
(a) there is no requirement to give notice to that person under sub-paragraph (2), and
(b) the person or group conducting the hearing may determine the application or appeal without hearing that person's evidence, representations or observations.
(6) No person is to be compelled under this paragraph to give evidence which the person could not be compelled to give in civil proceedings in the High Court or Court of Session.
(7) Where a person is required under this paragraph to attend at a place more than 10 miles from the person's place of residence, an authorised member of the CMA must arrange for the person to be paid the necessary expenses of attendance.
(8) A notice for the purposes of this paragraph may be issued on the CMA's behalf by an authorised member of the CMA.

Written statements

10
(1) The CMA may by notice require a person to produce a written statement with respect to a matter specified in the notice to—
(a) a person who is considering, or is to consider, an application for a direction under paragraph 3, or
(b) a group with the function of determining an appeal.
(2) The power to require the production of a written statement includes power—
(a) to specify the time and place at which it is to be produced, and
(b) to require it to be verified by a statement of truth;
and a statement required to be so verified must be disregarded unless it is so verified.
(3) No person is to be compelled under this paragraph to produce a written statement with respect to any matter about which the person could not be compelled to give evidence in civil proceedings in the High Court or Court of Session.
(4) A notice for the purposes of this paragraph may be issued on the CMA's behalf by an authorised member of the CMA.

Expert advice

11 Where permission to bring an appeal is granted under paragraph 2, the CMA may commission expert advice with respect to any matter raised by a party to the appeal.

Defaults in relation to evidence

12
(1) If a person (“the defaulter”)—
(a) fails to comply with a notice issued or other requirement imposed under paragraph 8, 9 or 10,
(b) in complying with a notice under paragraph 10, makes a statement that is false in any material particular, or
(c) in providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular,
an authorised member of the CMA may certify that fact to the court.
(2) If the court is satisfied that the defaulter failed without reasonable excuse to comply with the notice or other requirement, or made the false statement, or provided the false information, it may deal with the defaulter (and in the case of a body corporate, any director or other officer of the body) as if that person were in contempt.
(3) In sub-paragraph (2) “officer”, in relation to a limited liability partnership, means a member of the limited liability partnership.
(4) In this paragraph “court” means—
(a) the High Court, or
(b) in Scotland, the Court of Session.
13
(1) A person who wilfully alters, suppresses or destroys a document which the person has been required to produce under paragraph 8 is guilty of an offence.
(2) A person who commits an offence under this paragraph is liable—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;
(ii) in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both;
(iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

Determination of appeal by CMA

14
(1) A determination by the CMA on an appeal—
(a) must be contained in an order made by the CMA;
(b) must set out the reasons for the determination;
(c) takes effect at the time specified in the order or determined in accordance with provision made in the order;
(d) must be notified by the CMA to the parties to the appeal;
(e) must be published by the CMA—
(i) as soon as reasonably practicable after the determination is made;
(ii) in such manner as the CMA considers appropriate for the purpose of bringing the determination to the attention of any person likely to be affected by it (other than a party to the appeal).
(2) The CMA may exclude from publication under sub-paragraph (1)(e) any information which it is satisfied is—
(a) commercial information, the disclosure of which would, or might in the CMA's opinion, significantly harm the legitimate business interests of an undertaking to which it relates, or
(b) information relating to the private affairs of an individual, the disclosure of which would, or might in the CMA’s opinion, significantly harm the individual's interests.
(3) The FCA must take such steps as it considers necessary for it to comply with an order of the CMA made by virtue of sub-paragraph (1)(a).
(4) The steps must be taken—
(a) if a period of time is specified in (or is to be determined in accordance with) the order, within that time;
(b) in any other case, within a reasonable period of time.

Appeal rules

15
(1) The CMA Board may make rules of procedure regulating the conduct and disposal of appeals.
(2) Those rules may include provision supplementing the provisions of this Schedule in relation to any application, notice, hearing, power or requirement for which this Schedule provides; and that provision may, in particular, impose time limits or other restrictions on—
(a) the taking of evidence at an oral hearing, or
(b) the making of representations or observations at such a hearing.
(3) The CMA Board must publish rules made under this paragraph in such manner as it considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them.
(4) Before making rules under this paragraph, the CMA Board must consult such persons as it considers appropriate.
(5) Rules under this paragraph may make different provision for different cases.

Costs

16
(1) A group that determines an appeal must make an order requiring the payment to the CMA of the costs incurred by the CMA in connection with the appeal.
(2) An order under sub-paragraph (1) must require those costs to be paid—
(a) where the appeal is allowed in full, by the FCA;
(b) where the appeal is dismissed in full, by the appellant;
(c) where the appeal is partially allowed, by one or more parties in such proportions as the CMA considers appropriate in all the circumstances.
(3) The group that determines an appeal may also make such order as it thinks fit for requiring a party to the appeal to make payments to another party in respect of costs reasonably incurred by that other party in connection with the appeal.
(4) A person who is required by an order under this paragraph to pay a sum to another person must comply with the order before the end of the period of 28 days beginning with the day after the day on which the order was made.
(5) Sums required to be paid by an order under this paragraph but not paid before the end of the period mentioned in sub-paragraph (4) are to bear interest at such rate as may be determined in accordance with provision contained in the order.
(6) Any costs payable by virtue of an order under this paragraph and any interest that has not been paid may be recovered as a civil debt by the person in whose favour the order is made.

Interpretation

17
(1) In this Schedule—
appeal” means an appeal made in accordance with section 131Z16;
appeal rules” means rules of procedure under paragraph 15;
appellant” has the meaning given by paragraph 2(4);
authorised member of the CMA
(a) in relation to a function exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that function;
(b)

in relation to a function exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—

(i)

any member of the CMA Board who is also a member of the CMA panel, or

(ii)

any member of the CMA panel authorised by the Treasury (whether generally or specifically) to exercise the function in question;

CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;
group” means a group selected in accordance with paragraph 5;
statement of truth”, in relation to the production of a statement or provision of information by a person, means a statement that the person believes the facts stated in the statement or information to be true;
working day” means any day other than—
(a) Saturday or Sunday;
(b) Christmas Day or Good Friday;
(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
(2) References in this Schedule to a party to an appeal are references to—
(a) the appellant, or
(b) the FCA.

Part 2 — Amendments to other legislation

61
(1) The Enterprise Act 2002 is amended as follows.
(2) In section 130A (duty to publish market study notice), after subsection (3) insert—
(4) In subsection (2)(a), the reference to consumers includes a reference to any person who uses, or is likely to use, services provided by participants in payment systems in the course of a business carried on by the person (and “participants” and “payment systems” have the meaning given in Part 8C of the Financial Services and Markets Act 2000).
(3) In section 136 (investigations and reports on market investigation references)—
(a) in subsection (7), omit paragraph (j);
(b) in subsection (8)
(i) after “Communications,” insert “or”;
(ii) omit “or the Payment Systems Regulator”;
(c) omit subsection (10).
62
(1) The Banking Act 2009 is amended as follows.
(2) In section 183 (interpretation), omit paragraph (j).
(3) In section 186 (recognition order: procedure)—
(a) in subsection (1)
(i) in paragraph (a), for the Payment Systems Regulator substitute the FCA;
(ii) for paragraph (aa) substitute—
(aa) if the operator of the system or the DSA service provider has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity, consult the PRA,
;
(b) omit subsection (2).
(4) In section 186A (amendment of recognition order)—
(a) in subsection (2)
(i) in paragraph (a), for the Payment Systems Regulator substitute the FCA;
(ii) for paragraph (aa) substitute—
(aa) if the operator of the system or the DSA service provider has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity, consult the PRA,
;
(b) omit subsection (3).
(5) In section 187 (de-recognition)—
(a) in subsection (3)
(i) in paragraph (a), for the Payment Systems Regulator substitute the FCA;
(ii) for paragraph (aa) substitute—
(aa) if the operator of the system or the DSA service provider has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity, consult the PRA,
;
(b) omit subsection (4).
(6) In section 192 (role of FCA and PRA)—
(a) for subsection (2) substitute—
(2) The Bank of England must consult the FCA before taking action under this Part in respect of—
(a) a recognised payment system the operator of which—
(i) is, or has applied to become, a recognised investment exchange, or
(ii) has, or has applied for, a Part 4A permission,
(b) a service provider in relation to a payment system referred to in paragraph (a), or
(c) a service provider which—
(ii) is, or has applied to become, a recognised investment exchange, or
(iii) has, or has applied for, a Part 4A permission.
(2A) The Bank of England must consult the PRA before taking action under this Part in respect of—
(a) a recognised payment system the operator of which has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity,
(b) a service provider in relation to a payment system referred to in paragraph (a), or
(c) a service provider which has, or has applied for, a Part 4A permission for the carrying on of a PRA-regulated activity.
;
(b) in subsection (3) for the words from “who satisfies” to the second instance of “section 186(2)(a) or (b)” substitute “falling within subsection (2)(a) or (2A)(a), or service provider falling within subsection (2)(b) or (c) or subsection (2A)(b) or (c)”.
(7) In section 192A (power of Bank to require FCA to refrain from specified action), in subsection (2)
(a) in paragraph (a), omit “that includes arrangements using digital settlement assets”;
(b) omit the or after paragraph (a);
(c) after paragraph (b) insert , or
(c) a participant in a regulated payment system (as defined in Part 8C of the Financial Services and Markets Act 2000 (see section 131Z4 of that Act)).
(8) In section 206A (service providers), in subsection (4)(a), omit , the Payment Systems Regulator.
(9) In section 206F (interpretation), in subsection (1)
(a) in the definition of “FCA-regulated person”, after paragraph (a) insert—
(aa) a participant in a regulated payment system,
;
(b) after the definition of “Part 4A permission” insert—
participant has the same meaning as in Part 8C of the Financial Services and Markets Act 2000 (see section 131Z4 of that Act);
;
(c) omit the definition of the Payment Systems Regulator.
(10) In section 206I (wholesale cash oversight order: procedure)—
(a) in subsection (2), omit paragraph (c);
(b) omit subsection (3);
(c) in subsection (4), omit paragraph (d);
(11) In section 206N (role of the regulators)—
(a) in the heading, for , PRA and Payment Systems Regulator substitute and the PRA;
(b) in subsection (1), for , PRA or Payment Systems Regulator substitute or the PRA;
(c) in subsection (2), omit paragraph (c);
(d) omit subsection (3);
(e) in subsection (4)
(i) in the words before paragraph (a), for , PRA or Payment Systems Regulator substitute or the PRA;
(ii) in paragraph (a), for , PRA or Payment Systems Regulator substitute or the PRA.
(12) In section 246(2) (information), omit paragraph (ca).
(13) In section 261 (index of defined terms), in the table, omit the entry for “Payment Systems Regulator”.
63
(1) The Financial Services Act 2012 is amended as follows.
(2) In section 68 (cases in which the treasury may arrange independent inquiries), in subsection (3A)(b)(i), for Part 5 of the Financial Services (Banking Reform) Act 2013 substitute FSMA 2000, or by Part 5 of the Financial Services (Banking Reform) Act 2013,.
(3) In section 73 (duty of FCA to investigate and report on possible regulatory failure)—
(a) after subsection (1) insert—
(1A) Subsection (3) also applies where it appears to the FCA that—
(a) events have occurred in relation to a regulated payment system which had or could have had a significant adverse effect on effective competition in the interests of those who use, or are likely to use, the services provided by participants in the payment system in the markets described in paragraph (a) and (b) of section 131Z8 of FSMA 2000 (the payment systems competition objective), and
(b) those events might not have occurred, or the adverse effect might have been reduced, but for a serious failure in—
(i) the system established by FSMA 2000, or by Part 5 of the Financial Services (Banking Reform) Act 2013, for the regulation of payment systems, or
(ii) the operation of that system.
;
(b) in subsection (2), after subsection (1) insert or (1A);
(c) in subsection (4), after subsection (1) insert or (1A);
(d) after subsection (5) insert—
(6) Terms used in subsection (1A) have the same meaning as in Part 8C of FSMA 2000 (see, in particular, section 131Z4 of that Act).
(4) Omit section 76A (duty of Payment Systems Regulator to investigate and report on possible regulatory failure).
(5) In section 83 (interpretation), in subsection (1), in the definition of “regulator” for , the PRA or the Payment Systems Regulator substitute or the PRA.
(6) In section 85 (relevant functions in relation to complaints scheme)—
(a) in subsection (2)
(i) for the first “and” substitute a comma;
(ii) after “review functions” insert “and specified payment systems functions”;
(b) in subsection (4)(d), after “section” insert 131Z10,;
(c) after subsection (4A) insert—
(4AA) For the purposes of subsection (2)(a), the FCA’s specified payment systems functions are the FCA’s functions under sections 131Z13 to 131Z15 of FSMA 2000.
64
(1) The Enterprise and Regulatory Reform Act 2013 is amended as follows.
(2) In section 52 (power of the Secretary of State to remove concurrent competition functions), in subsection (4), omit paragraph (g).
(3) In Schedule 4 (the Competition and Markets Authority)—
(a) in paragraph 16(7), omit paragraph (h);
(b) in paragraph 35(1)(ca), for section 79 of the Financial Services (Banking Reform) Act 2013 substitute section 131Z6 of the Financial Services and Markets Act 2000;
(c) in paragraph 48(4)(c)
(i) after sub-paragraph (iib) insert—
(iiba) Schedule 12A to the Financial Services and Markets Act 2000.
;
(ii) omit sub-paragraph (v).
65
(1) The Financial Services and Markets Act 2023 is amended as follows.
(2) In section 3 (power to make further transitional amendments)—
(a) in subsection (3)(d), for the words from “same” to the end substitute “meaning given by section 131Z3 of FSMA 2000”;
(b) in subsection (7), omit or the Payment Systems Regulator.
(3) In section 6 (restatement in rules: exceptions from consultation requirements etc)—
(a) omit subsection (8)(d);
(b) in subsection (10)
(i) in paragraph (a), for section 1B(1), (4A) and (5)(a) substitute section 1B(1) and (4A);
(ii) omit paragraph (d);
(c) in subsection (13), for paragraphs (a) and (b) substitute means rules made by a regulator under FSMA 2000 or any other enactment.
(4) In section 7 (interpretation), in subsection (1), in the definition of “regulator”, omit paragraph (d) and the “or” before it.
(5) In section 23 (digital settlement assets: power to make regulations)—
(a) in subsection (8)(c), for the words from “or to” to the end substitute “, the PRA”;
(b) in subsection (13), in the definition of “relevant regulator”, omit paragraph (c) and the “or” before it.
(6) In section 47 (panel reports), in subsection (5)(a), omit sub-paragraph (iii) and the “or” before it.
(7) Omit the italic heading above section 51.
(8) Omit section 51 (Payment Systems Regulator).
(9) Omit section 52 (chair of the Payment Systems Regulator as member of FCA Board).
(10) Omit section 72 (liability of payment service providers for fraudulent transactions).
(11) In section 80 (interpretation), in subsection (1), omit the definition of “Payment Systems Regulator”.
(12) In Schedule 6 (digital settlement assets)—
(a) in paragraph 12, omit sub-paragraphs (3), (5) and (6);
(b) in paragraph 13, omit sub-paragraphs (2), (4) and (5);
(c) in paragraph 14, omit sub-paragraphs (3), (5) and (6).
(13) Omit Schedule 7 (accountability of the Payment Systems Regulator).
(14) In Schedule 11 (central counterparties), in paragraph 148(2), omit paragraph (d).
66 In the Data (Use and Access) Act 2025, in section 17 (the FCA and coordination with other regulators) for the words from section 98” to “relevant functions) substitute section 131Z17 of the Financial Services and Markets Act 2000 (co-ordination in relation to payment systems).

Part 3 — Consequential amendments

67 In the Insolvency Act 1986
(a) in Schedule ZA1 (moratorium: eligible companies), in paragraph 10
(i) in paragraph (a), for Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 42 of that Act) substitute Part 8C of the Financial Services and Markets Act 2000 (see sections 131Z3 and 131Z4 of that Act);
(ii) in paragraph (b), for that Act in the first place it occurs, substitute the Financial Services (Banking Reform) Act 2013;
(b) in Schedule 4ZZA (protection of supplies: exclusions), in paragraph 8
(i) in paragraph (a), for Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 42 of that Act) substitute Part 8C of the Financial Services and Markets Act 2000 (see sections 131Z3 and 131Z4 of that Act);
(ii) in paragraph (b), for that Act in the first place it occurs, substitute the Financial Services (Banking Reform) Act 2013.
68 In the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19), in Schedule ZA1 (moratorium: eligible companies), in paragraph 10
(a) in paragraph (a), for Part 5 of the Financial Services (Banking Reform) Act 2013 (see section 42 of that Act) substitute Part 8C of the Financial Services and Markets Act 2000 (see sections 131Z3 and 131Z4 of that Act);
(b) in paragraph (b), for that Act in the first place it appears, substitute the Financial Services (Banking Reform) Act 2013.
69 In the Company Directors Disqualification Act 1986, in section 9E(2) (interpretation: specified regulators), omit paragraph (g).
70 In the Bank of England Act 1998, in Schedule 7 (restriction on disclosure of information), in the table in paragraph 3(1), omit the entry for The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
71 In the Competition Act 1998, in section 54(1) (regulators), omit paragraph (i).
72 In the Freedom of Information Act 2000, in Part 6 of Schedule 1 (public authorities to which Act applies), omit the entry for The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
73 In the Statistics and Registration Service Act 2007, in section 45B(1) (access to information held by Crown bodies etc), omit paragraph (e).
74 In the Equality Act 2010, in Part 1 of Schedule 19 (public authorities: general), under the heading “Industry, business, finance etc.”, omit the entry for The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
75 In the Financial Services (Banking Reform) Act 2013
(a) in section 142 (orders and regulations: general), omit subsection (2);
(b) in section 143(2) (Parliamentary control of orders and regulations), omit paragraphs (aa) to (bb).
76 In the Small Business, Enterprise and Employment Act 2015, omit section 14 (powers of the Payment Systems Regulator).
77 In the Digital Markets, Competition and Consumers Act 2024, in Schedule 12 (civil penalties: sectoral regulators), omit paragraphs 20 to 22.

Part 4 — Transitional provision

Continuation of things done or being done

78
(1) Anything that—
(a) was done by or in relation to the Payment Systems Regulator for the purpose of, or in connection with, any function under Part 5, and
(b) is in effect immediately before the day on which section 13(1) comes into force,
is to be treated, so far as necessary to continue its effect, as done by or in relation to the FCA.
(2) There may be continued by or in relation to the FCA anything (including legal proceedings) that—
(a) relates to a function of the Payment Systems Regulator under Part 5, and
(b) is in the process of being done by or in relation to the Payment Systems Regulator immediately before the day on which section 13(1) comes into force.

Preparation for transfer of functions

79
(1) The Payment Systems Regulator and the FCA may take such steps as they consider necessary or expedient in preparation for—
(a) the abolition of the Payment Systems Regulator, or
(b) the coming into force of any provision of section 13 or this Schedule.
(2) In particular, the Payment Systems Regulator may disclose to the FCA any information or documents that the Payment Systems Regulator or the FCA consider it necessary or expedient in preparation for—
(a) the abolition of the Payment Systems Regulator, or
(b) the coming into force of any provision of section 13 or of this Schedule.
(3) Sections 91 to 94 (disclosure of information) in Part 5 do not apply in relation to the disclosure of information by the Payment Systems Regulator to the FCA under sub-paragraph (2).
(4) Section 348 of the Financial Services and Markets Act 2000 applies to information disclosed to the FCA under sub-paragraph (2) as though it were received by the FCA for the purposes of its functions under that Act.

References in documents

80
(1) A relevant reference to the Payment Systems Regulator (however expressed) is to be read as a reference to the FCA.
(2) A “relevant reference” is a reference that—
(a) is in an instrument or document other than an enactment, and
(b) relates to any time after section 13(1) comes into force.

Powers

81 In relation to the coming into force of any provision of section 13 or this Schedule, the power in section 52(5) may be exercised to—
(a) confer on the FCA any function of the Payment Systems Regulator under Part 5 (with or without modification);
(b) provide that things falling within paragraph 78 are treated as done, or may be continued, under provision made by or under the Financial Services and Markets Act 2000 (with or without modification);
(c) make provision about the property, rights and liabilities of the Payment Systems Regulator, including provision for transfer to the FCA;
(d) amend this Part of this Schedule.
82 Nothing in this Part of this Schedule restricts any power to make regulations under this Act.

Interpretation

83 In this Part of this Schedule
enactment includes—
(a) an enactment contained in subordinate legislation within the meaning given in the Interpretation Act 1978;
(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(c) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru;
(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;
(e) any assimilated direct legislation;
FCA means the Financial Conduct Authority;
Part 5 means Part 5 of the Financial Services (Banking Reform) Act 2013 (and includes reference to Schedules 4 and 5 to that Act).

Schedule 34 — Senior managers: notification to regulator

Part 1 — Authorised persons

1 Part 5 of the Financial Services and Markets Act 2000 (performance of regulated activities) is amended as follows.
2 In the italic heading before section 59, after “Approval” insert “and notification”.
3
(1) Section 59 (approval for particular arrangements) is amended as follows.
(2) In the heading, after “Approval” insert “and notification”.
(3) In subsection (1), for the words from “in accordance with” to the end substitute “in accordance with—
(a) an approval given by the appropriate regulator under this section, or
(b) in the case of a designated senior management function specified under subsection (3A), a notification made to the appropriate regulator under this section.
(4) In subsection (2), for the words from “in accordance with” to the end substitute “in accordance with—
(a) an approval given by the appropriate regulator under this section, or
(b) in the case of a designated senior management function specified under subsection (3A), a notification made to the appropriate regulator under this section.
(5) After subsection (3) insert—
(3A) Rules of the FCA and PRA may, for the purposes of subsections (1)(b) and (2)(b), specify a description of designated senior management function by reference to—
(a) activities to which the function relates,
(b) characteristics of the person who is to perform the function, including any existing or prior approvals,
(c) characteristics of an authorised person, employer, contractor or associated group, or
(d) anything else that the regulator considers appropriate.
(3B) But, in relation to the carrying on of a regulated activity by a PRA-authorised person—
(a) rules of the FCA may specify a description of designated senior management function only so far as the function is of a description specified by the FCA in rules under subsection (3)(a);
(b) rules of the PRA may specify a description of designated senior management function only so far as the function is of a description specified by the PRA in rules under subsection (3)(a).
(6) For subsection (4) substitute—
(4) “The appropriate regulator” means—
(a) in relation to approval for performance of a function—
(i) the FCA, if the function is of a description specified in rules of the FCA under subsection (3), or
(ii) the PRA with the consent of the FCA, if the function is of a description specified in rules of the PRA under subsection (3);
(b) in relation to notification for performance of a function—
(i) the FCA, if the function is of a description specified in rules of the FCA under subsection (3A), or
(ii) the PRA, if the function is of a description specified in rules of the PRA under subsection (3A).
4
(1) Section 59A (specifying functions as controlled functions: supplementary) is amended as follows.
(2) In the heading, after “controlled” insert “or notifiable”.
(3) In subsection (1)(b), for “approvals fall to be given by” substitute “approvals or notifications fall to be given by or made to”.
(4) In subsection (2), after “section 59(3)(a)” insert “or, in relation to the carrying on of a regulated activity by a PRA-authorised person, section 59(3A)”.
(5) After subsection (4) insert—
(4A) “Notification” means a notification under section 59.
5
(1) Section 59AB (specifying functions as controlled functions: transitional provision) is amended as follows.
(2) In the heading, after “controlled” insert “or notifiable”.
(3) In subsection (1)
(a) in the words before paragraph (a), after “section 59” insert “or 60ZA”;
(b) in paragraph (b), after “notice given” insert “or notification made”;
(c) in paragraph (c), after “section 59” insert “or 60ZA”.
(4) In subsection (2), at the end insert “or 60ZA”.
6 In section 60 (applications for approval), after subsection (2) insert—
(2ZA) An authorised person may not make an application for approval under section 59 in relation to the performance of a function if the authorised person could instead make a notification under section 59 in relation to that function.
7 After section 60 insert—

60ZA Notifications under section 59

(1) A notification under section 59 may be made to the appropriate regulator by the authorised person concerned.
(2) The appropriate regulator may require a notification to have such form and content, and be made in such manner and circumstances, as the appropriate regulator may direct.
(3) Different directions may be given in relation to different notifications or categories of notification.
(4) Rules of the appropriate regulator may include provision about—
(a) the time at which notifications take effect;
(b) matters that would prevent a notification being effective for the purpose of section 59.
(5) The authorised person concerned may withdraw a notification before it takes effect by written notice to the appropriate regulator, but only with the consent of—
(a) the person in respect of whom the notification is made (the “notified person”), and
(b) the person by whom the notified person is to be retained to perform the function concerned, if not the authorised person.
(6) A requirement imposed under section 55L or 55M may prevent an authorised person from making a notification under section 59.
(7) In this section—
appropriate regulator, in relation to a notification for the performance of a function, means—
(a) the FCA, if the function is of a description specified in rules of the FCA under section 59(3A), or
(b) the PRA, if the function is of a description specified in rules of the PRA under section 59(3A);
authorised person concerned includes a person who has applied for permission under Part 4A and would, if permission were given, be the authorised person concerned.
8
(1) Section 60A (vetting of candidates by authorised persons) is amended as follows.
(2) In subsection (1)
(a) after “regulator’s approval” insert “, or make a notification,”;
(b) after “application”, in the second place it occurs, insert “or notification”;
(c) after “application”, in the third place it occurs, insert “or notification”.
(3) In subsection (2), after “application” insert “or notification”.
9
(1) Section 63 (withdrawal of approval) is amended as follows.
(2) In the heading, after “approval” insert “or invalidation of notification”.
(3) In subsection (1), for “withdraw an approval under section 59 given by the FCA or the PRA” substitute “withdraw an approval given by, or invalidate a notification made to, the FCA or the PRA under section 59”.
(4) In subsection (1A)
(a) in the words before paragraph (a), after “withdraw an approval” insert “or invalidate a notification”;
(b) for paragraphs (a) and (b) substitute—
(a) the approval was given by, or the notification was made to, the PRA under section 59, or
(b) the approval was given by, or the notification was made to, the FCA under section 59 in relation to a function that—
(i) is a relevant senior management function, and
(ii) relates to the carrying on of a regulated activity by a PRA-authorised person,
;
(c) after paragraph (b) insert—
and the PRA considers that A is not a fit and proper person to perform the function.
(5) In subsection (1C), after “withdraws an approval given by” insert “, or invalidates a notification made to,”.
(6) In subsection (2)
(a) after “withdraw an approval” insert “or invalidate a notification”;
(b) after “the approval” insert “or notification”.
(7) In subsection (2A)
(a) in the words before paragraph (a), after “the authorised person” insert “or in relation to whom a notification has been made by the authorised person”;
(b) in paragraph (a), after “withdraw the approval” insert “or invalidate the notification”.
(8) In subsection (3), after “withdraw an approval” insert “or invalidate a notification”.
(9) In subsection (4), after “withdraw an approval” insert “or invalidate a notification”.
(10) In subsection (5), after “withdraw an approval” insert “or invalidate a notification”.
(11) After subsection (5) insert—
(5A) A notification that is invalidated under this section ceases to have effect for the purpose of section 59.
(12) In subsection (6)
(a) in the words before paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (a), for “person on whose application it was given” substitute “authorised person on whose application it was given or by whom it was made”;
(c) in paragraph (b), after “in respect of whom it was given” insert “or made”.
10
(1) Section 63ZA (variation of senior manager’s approval at request of authorised person) is amended as follows.
(2) In the heading, after “approval” insert “or notification”.
(3) In subsection (1), in the words before paragraph (a), after “approval”, in both places it occurs, insert “or notification”.
(4) In subsection (1A)
(a) in the words before paragraph (a), after “approval”, in both places it occurs, insert “or notification”;
(b) in paragraph (a), after “approval” insert “or notification”;
(c) in paragraph (b), after “approval” insert “or notification”.
(5) In subsection (2)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b)
(i) after “an approval” insert “or notification”;
(ii) after “regulator who gave the approval” insert “or to which the notification was made”;
(c) in paragraph (c)
(i) in the words before sub-paragraph (i), after “approval” insert “or notification”;
(ii) in sub-paragraph (i), after “approval” insert “or notification”.
(6) In subsection (3), after “approval” insert “or notification”.
(7) In subsection (7A), after “approval” insert “or notification”.
(8) In subsection (8)
(a) in the words before the first paragraph, after “an approval” insert “or notification”;
(b) in the first paragraph, at the end insert “except subsection (2ZA)”.
11
(1) Section 63ZB (variation of senior manager’s approval on initiative of regulator) is amended as follows.
(2) In the heading, after “approval” insert “or notification”.
(3) Before subsection (1) insert—
(A1) This section applies in relation to—
(a) approvals under section 59 for the performance of a designated senior management function in relation to the carrying out of a regulated activity by an authorised person;
(b) notifications under section 59.
(4) In subsection (1), for the words from “vary an approval” to “the FCA considers” substitute “vary an approval given by, or a notification made to, the FCA or the PRA if the FCA considers”.
(5) In subsection (2)
(a) for the words from “vary an approval” to “an authorised person” substitute “vary an approval or notification”;
(b) in paragraph (a)
(i) for “either” substitute “one of the following applies”;
(ii) in sub-paragraph (i), for “approval, or” substitute “approval;”;
(iii) after sub-paragraph (i) insert—
(ia) the notification was made to the PRA;
;
(iv) in sub-paragraph (ii), for “PRA-authorised person, and” substitute “PRA-authorised person;”;
(v) after sub-paragraph (ii) insert—
(iii) the notification was made to the FCA and the authorised person is a PRA-authorised person, and
.
(6) In subsection (3)
(a) in the words before paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (d), after “approval”, in both places it occurs, insert “or notification”;
(c) in paragraph (e), after “approval”, in both places it occurs, insert “or notification”.
(7) In subsection (4), after “varies an approval given by” insert “, or a notification made to,”.
(8) In subsection (4A), after “approval” insert “or notification”.
12
(1) Section 63ZC (exercise of power under section 63ZB: procedure) is amended as follows.
(2) In subsection (1), after “approval” insert “or notification”.
(3) In subsection (4), after “approval”, in both places it occurs, insert “or notification”.
(4) In subsection (6)
(a) in the words before paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (a), for “person on whose application it was given” substitute “authorised person on whose application it was given or by whom it was made”;
(c) in paragraph (b), after “in respect of whom it was given” insert “or made”.
(5) In subsection (8)(a), after “approval” insert “or notification”.
(6) In subsection (9)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), after “approval” insert “or notification”.
(7) After subsection (14) insert—
(15) “Notification” means a notification under section 59.
13 In section 63ZD (statement of policy relating to conditional approval or variation), in subsection (1)(b), after “approval given” insert “or notification made”.
14 In section 63ZE (statement of policy: procedure), in subsection (2), after “approval” insert “or notification”.
15 In the italic heading before section 63A, after “approval” insert “or notification”.
16
(1) Section 63A (power to impose penalties) is amended as follows.
(2) In subsection (1)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), after “approval” insert “or notification”.
(3) In subsection (2)
(a) in the words before paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), for “in accordance with an approval given under section 59” substitute “in accordance with—
(i) an approval given under section 59, or
(ii) in the case of a designated senior management function specified under section 59(3A), a notification made under that section.
(4) In subsection (4), after “approval” insert “or notification”.
(5) In subsection (5), after “approval” insert “or notification”.
(6) In subsection (5B)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), after “approval” insert “or notification”.
17
(1) Section 63C (statement of policy with respect to penalties) is amended as follows.
(2) In subsection (2)
(a) in paragraph (b), after “approval” insert “or notification”;
(b) in paragraph (c), after “approval” insert “or notification”.
(3) In subsection (4), after “approval” insert “or notification”.
(4) In subsection (10), after “approval” insert “or notification”.
18
(1) Section 64A (rules of conduct) is amended as follows.
(2) In subsection (1)(a), after “either regulator has given its approval” insert “or been notified”.
(3) In subsection (2)
(a) in paragraph (a), after “in relation to whom it has given its approval” insert “or been notified”;
(b) in paragraph (b), after “in relation to whom the FCA has given its approval” insert “or been notified”.
(4) In subsection (5)
(a) for paragraph (a) substitute—
(a) in the case of an approved or notified person, the authorised person on whose application approval was given or by whom the notification was made,
;
(b) in paragraph (ab) (before its substitution by section 36(2)(c) of this Act), after “approved” insert “or notified”;
(c) in paragraph (ab) (as substituted by section 36(2)(c) of this Act), after “approved” insert “or notified”.
19
(1) Section 66 (disciplinary powers) is amended as follows.
(2) In subsection (1), after “it has given its approval” insert “or received a notification”.
(3) In subsection (3)
(a) in paragraph (aa)
(i) after “suspend, for such period as it considers appropriate, any approval” insert “, or the effect of any notification,”;
(ii) after “the approval” insert “or notification”;
(b) in paragraph (ab), after “approval” insert “or notification”;
(c) in paragraph (ac), after “approval” insert “or notification”.
(4) In subsection (3D)(c), after “approval” insert “or notification”.
(5) After subsection (5A) insert—
(5B) “Notification” means a notification made under section 59.
(6) In subsection (9)
(a) after “approval” insert “or notification”;
(b) after “withdrawn” insert “or invalidated”.
20
(1) Section 66A (misconduct: action by the FCA) is amended as follows.
(2) In subsection (2)(b)(i), after “approved” insert “or notified”.
(3) In subsection (3)(b)(i), after “approved” insert “or notified”.
(4) In subsection (7), in the definition of “senior manager”, after “a person who has approval” insert “or in relation to whom a notification has been given”.
(5) In subsection (8), in the definition of “approved person”—
(a) in the words before paragraph (a), after “approved” insert “or notified”;
(b) in paragraph (a), after “an approval is given” insert “or a notification is made”;
(c) in paragraph (b), for the words from “means” to the end substitute “means—
(i) a person in relation to whom such approval is given on the application of the authorised person, or
(ii) a person in relation to whom the authorised person made such a notification;
.
21
(1) Section 66B (misconduct: action by the PRA) is amended as follows.
(2) In subsection (2)(b)(i), after “approved” insert “or notified”.
(3) In subsection (3)(b)(i), after “approved” insert “or notified”.
(4) In subsection (7), in the definition of “senior manager”, after “a person who has approval” insert “or in relation to whom notification has been given”.
(5) In subsection (8), in the definition of “approved person”—
(a) in the words before paragraph (a), after “approved” insert “or notified”;
(b) in paragraph (a)
(i) in sub-paragraph (i), after “the PRA has given its approval” insert “or received a notification”;
(ii) in sub-paragraph (ii), after “the FCA has given its approval” insert “or received a notification”;
(c) in paragraph (b), for the words from “means” to the end substitute “means—
(i) a person in relation to whom such approval is given on the application of the authorised person, or
(ii) a person in relation to whom the authorised person made such a notification;
.
22
(1) Section 67 (disciplinary measures: procedure and right to refer to Tribunal) is amended as follows.
(2) In subsection (2A)(a), after “suspend an approval” insert “or the effect of a notification”.
(3) In subsection (2B), after “approval” insert “or notification”.
(4) In subsection (5A)(a), after “suspension of an approval” insert “or the effect of a notification”.
(5) In subsection (5B), after “approval” insert “or notification”.
(6) After subsection (8) insert—
(8A) “Notification” means a notification made under section 59.
(7) In subsection (9)
(a) in the words before paragraph (a), after “in relation to whom approval has given” insert “or notification made”;
(b) in paragraph (a), after “on whose application the approval was given” insert “or by whom the notification was made”.
23 In section 69 (statement of policy), in subsection (1)(d), after “approvals” insert “or notifications”.
24 In section 71D (removal of directors etc: conditions), in subsection (2)
(a) in paragraph (f), after “withdrawal of approval” insert “or invalidation of notification”;
(b) in paragraph (g), after “approval” insert “or notification”;
(c) in paragraph (h), after “approval” insert “or notification”.

Part 2 — Relevant recognised bodies

25 Chapter 2A of Part 18 of the Financial Services and Markets Act 2000 (performance of functions of recognised bodies) is amended as follows.
26 In the italic heading before section 309G, after “Approval” insert “and notification”.
27
(1) Section 309G (requirement for approval) is amended as follows.
(2) In the heading, after “approval” insert “or notification”.
(3) In subsection (1), for the words from “in accordance with” to the end substitute “in accordance with—
(a) an approval given by the appropriate regulator under this section, or
(b) in the case of a designated senior management function specified under subsection (6A), a notification made to the appropriate regulator under this section.
(4) After subsection (6) insert—
(6A) Rules made by the appropriate regulator may, for the purposes of subsection (1)(b), specify a description of designated senior management function by reference to—
(a) activities to which the function relates,
(b) characteristics of the person who is to perform the function, including any existing or prior approvals,
(c) characteristics of a relevant recognised body, employer, contractor or associated group, or
(d) anything else that the regulator considers appropriate.
28
(1) Section 309H (rules under section 309G(3): transitional provision) is amended as follows.
(2) In the heading, for “under section 309G(3)” substitute “relating to senior management functions”.
(3) In subsection (1)
(a) in the words before paragraph (a), for “section 309G(3)” substitute “section 309G or 309IA”;
(b) in paragraph (b), after “notice given” insert “or notification made”;
(c) in paragraph (c), for “section 309G(3)” substitute “section 309G or 309IA”.
(4) In subsection (2), for “section 309G(3)” substitute “section 309G or 309IA”.
29 In section 309I (applications for approval), after subsection (1) insert—
(1A) A relevant recognised body may not make an application for approval under section 309G in relation to the performance of a function if the recognised body could instead make a notification under section 309G in relation to that function.
30 After section 309I insert—

309IA Notifications under section 309G

(1) A notification under section 309G may be made to the appropriate regulator by a relevant recognised body.
(2) The appropriate regulator may require a notification to have such form and content, and be made in such manner and circumstances, as the appropriate regulator may direct.
(3) Different directions may be given in relation to different notifications or categories of notification.
(4) Rules of the appropriate regulator may include provision about—
(a) the time at which notifications take effect;
(b) matters that would prevent a notification being effective for the purpose of section 309G.
(5) The relevant recognised body concerned may withdraw a notification before it takes effect by written notice to the appropriate regulator, but only with the consent of—
(a) the person in respect of whom the notification is made (the “notified person”), and
(b) the person by whom the notified person is to be retained to perform the function concerned, if not the relevant recognised body.
(6) A requirement under paragraph 9B of Schedule 17A, or a direction under section 296, may prevent a relevant recognised body from making a notification under section 309G.
(7) The FCA may give a direction under section 296 to prevent a recognised investment exchange from making a notification under section 309G in a case where section 296 would not otherwise apply, if it appears to the FCA that it is desirable to do so in order to advance one or more of the FCA’s operational objectives.
(8) In this section “relevant recognised body” includes—
(a) if recognised investment exchanges are a type of recognised body to which this Chapter applies, a person who has applied for recognition as such under section 287;
(b) if recognised central counterparties are a type of recognised body to which this Chapter applies, a person who has applied for recognition as such under section 288;
(c) if recognised CSDs are a type of recognised body to which this Chapter applies, a person who has applied for recognition as such under section 288A.
31 In section 309J (vetting by relevant recognised bodies), in subsection (1), for “application under section 309I for approval” substitute “application or a notification under section 309G”.
32
(1) Section 309O (withdrawing approval) is amended as follows.
(2) In the heading, after “approval” insert “or invalidating notification”.
(3) In subsection (1), for “approval under section 309G has been given by” substitute “approval or notification under section 309G has been given by or made to”.
(4) In subsection (2), after “withdraw the approval” insert “or invalidate the notification”.
(5) In subsection (3), after “withdraw an approval” insert “or invalidate a notification”.
(6) In subsection (4)
(a) in the words before paragraph (a), after “on whose application the approval was given” insert “or by whom the notification was made”;
(b) in paragraph (a), after “withdraw the approval” insert “or invalidate the notification”.
(7) After subsection (5) insert—
(6) A notification that is invalidated under this section ceases to have effect for the purpose of section 309G.
33
(1) Section 309P (procedure for withdrawing approval) is amended as follows.
(2) In the heading, after “withdrawing approval” insert “or invalidating notification”.
(3) In subsection (1), in the words before paragraph (a), after “withdraw an approval given” insert “or invalidate a notification made”.
(4) In subsection (2), after “withdraw the approval” insert “or invalidate the notification”.
(5) In subsection (3), after “withdraw the approval” insert “or invalidate the notification”.
(6) In subsection (4)
(a) in the words before paragraph (a), after “approval given” insert “or notification made”;
(b) in paragraph (a), after “on whose application the approval was given” insert “or by whom the notification was made”;
(c) in paragraph (b), after “in relation to whom the approval was given” insert “or the notification was made”.
34
(1) Section 309Q (varying approval at request of relevant recognised body) is amended as follows.
(2) In the heading, after “approval” insert “or notification”.
(3) In subsection (1), in the words before paragraph (a)
(a) after “an approval” insert “or notification”;
(b) after “applied for the approval” insert “or made the notification”;
(c) after “vary the approval” insert “or notification”.
(4) In subsection (2)
(a) in the words before paragraph (a)
(i) after “an approval” insert “or notification”;
(ii) after “applied for the approval” insert “or made the notification”;
(iii) after “vary the approval” insert “or notification”;
(b) in paragraph (b), after “approval” insert “or notification”.
(5) In subsection (4)(b), after “approval” insert “or notification”.
(6) In subsection (8), after “an approval” insert “or notification”.
35
(1) Section 309R (varying approval on the appropriate regulator’s initiative) is amended as follows.
(2) In the heading, after “approval” insert “or notification”.
(3) In subsection (1), after “approval” insert “or notification”.
(4) In subsection (3)
(a) in the words before paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (d), after “approval”, in both places it occurs, insert “or notification”;
(c) in paragraph (e), after “approval” insert “or notification”.
(5) In subsection (5), in the words before paragraph (a), after “approval”, in both places it occurs, insert “or notification”.
(6) In subsection (6), after “approval” insert “or notification”.
(7) In subsection (8)(a), after “approval” insert “or notification”.
(8) In subsection (10)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), after “approval” insert “or notification”.
36 In section 309S (statement of policy on approval), in subsection (1)(b), after “approval given” insert “or notification made”.
37
(1) Section 309U (power to impose penalties) is amended as follows.
(2) In subsection (1)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), after “approval” insert “or notification”.
(3) In subsection (3)
(a) in the words before paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), for “in accordance with an approval given under section 309G” substitute “in accordance with—
(i) an approval given under section 309G, or
(ii) in the case of a designated senior management function specified under section 309G(6A), a notification made under that section.
(4) In subsection (5)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), after “approval” insert “or notification”.
38
(1) Section 309W (statement of policy on penalties) is amended as follows.
(2) In subsection (2)
(a) in paragraph (b), after “approval” insert “or notification”;
(b) in paragraph (c), after “approval” insert “or notification”.
(3) In subsection (4), after “approval” insert “or notification”.
(4) In subsection (6), after “approval” insert “or notification”.
39
(1) Section 309Z1 (rules of conduct) is amended as follows.
(2) In subsection (1)(a)
(a) after “in relation to whom the appropriate regulator has given its approval” insert “or been notified”;
(b) after “approved” insert “or notified”.
(3) In subsection (4), in the definition of “qualifying function”—
(a) in paragraph (a)
(i) after “approved” insert “or notified”;
(ii) after “on whose application approval was given” insert “or by whom the notification was made”;
(b) in paragraph (b), after “approved” insert “or notified”.
40
(1) Section 309Z2 (power to take disciplinary action for misconduct) is amended as follows.
(2) In subsection (2)
(a) in paragraph (c), after “suspend an approval” insert “, or the effect of a notification,”;
(b) in paragraph (d), after “approval” insert “or notification”;
(c) in paragraph (e), after “approval” insert “or notification”.
(3) In subsection (3)(a), after “suspend an approval” insert “or the effect of a notification”.
(4) In subsection (4)(c), after “approval” insert “or notification”.
(5) In subsection (8)
(a) after “approval” insert “or notification”;
(b) after “withdrawn” insert “or invalidated”.
41
(1) Section 309Z3 (meaning of “misconduct”) is amended as follows.
(2) In subsection (2)(b)(i), after “approved” insert “or notified”.
(3) In subsection (3)(b)(i), after “approved” insert “or notified”.
(4) In subsection (4)(a), after “approved” insert “or notified”.
(5) In subsection (5), in the definition of “Part 18 approved person”—
(a) in the words before paragraph (a), after “approved” insert “or notified”;
(b) in paragraph (a), after “in relation to whom an approval is given” insert “or a notification is made”;
(c) in paragraph (b), for the words from “means” to the end substitute “means—
(i) a person in relation to whom such approval is given on the application of the relevant recognised body, or
(ii) a person in relation to whom the relevant recognised body made such a notification;
.
42
(1) Section 309Z4 (procedure for disciplinary action) is amended as follows.
(2) In subsection (4)
(a) in paragraph (a), after “suspend an approval given” insert “or the effect of a notification made”;
(b) in paragraph (b), after “approval” insert “or notification”.
(3) In subsection (5), after “approval” insert “or notification”.
(4) In subsection (9)
(a) in paragraph (a), after “suspension of an approval given” insert “or the effect of a notification made”;
(b) in paragraph (b), after “approval” insert “or notification”.
(5) In subsection (10), after “approval” insert “or notification”.
(6) In subsection (13)
(a) in the definition of “Part 18 approved person”, after “approved” insert “or notified”;
(b) in the definition of “the other interested parties”—
(i) in the words before paragraph (a), after “approved” insert “or notified”;
(ii) in paragraph (b), after “approved” insert “or notified”.
43 In section 309Z5 (statement of policy about disciplinary action), in subsection (1)(d), after “approvals” insert “or notifications”.
44 In section 309Z7 (interpretation of Chapter 2A of Part 18), in subsection (2), after “approval” insert “or notification”.

Part 3 — Consequential amendments

45 The Financial Services and Markets Act 2000 is amended as set out in paragraphs 46 to 57.
46
(1) Section 168 (appointment of persons to carry out investigations in particular cases) is amended as follows.
(2) In subsection (4)
(a) in paragraph (h)
(i) after “in relation to whom a regulator has given its approval” insert “or received a notification”;
(ii) after “that approval” insert “or notification”;
(b) in paragraph (ha), after “approval” insert “or notification”.
(3) In subsection (4A)
(a) in paragraph (e)
(i) after “in relation to whom the FCA has given approval” insert “or received a notification”;
(ii) after “that approval” insert “or notification”;
(b) in paragraph (f), after “approval” insert “or notification”.
47 In section 204A (meaning of “relevant requirement” and “appropriate regulator”), in subsection (3A)
(a) in paragraph (a), for “the approval concerned falls to be given by” substitute “the approval or notification concerned falls to be given by or made to”;
(b) in paragraph (b), for “the approval concerned falls to be given by” substitute “the approval or notification concerned falls to be given by or made to”;
(c) in paragraph (c)
(i) after “approval” insert “or notification”;
(ii) after “section 63(1A)(a)” insert “or (b)”.
48
(1) Section 347 (the record of authorised persons etc) is amended as follows.
(2) In subsection (1)
(a) in paragraph (h), after “approved” insert “or notified”;
(b) in paragraph (hza), after “approved” insert “or notified”.
(3) In subsection (2)
(a) in paragraph (g)
(i) in the words before sub-paragraph (i), after “approved” insert “or notified”;
(ii) in sub-paragraph (iii), after “approved” insert “or notified”;
(b) in paragraph (h), in the words before sub-paragraph (i), after “approved” insert “or notified”;
(c) in paragraph (ha)
(i) in the words before sub-paragraph (i), after “approved” insert “or notified”;
(ii) in sub-paragraph (iii), after “approved” insert “or notified”.
(4) In subsection (8)
(a) after “approved”, in both places it occurs, insert “or notified”;
(b) after “approval” insert “or received a notification”.
(5) In subsection (8ZA)
(a) after “approved” insert “or notified”;
(b) after “in relation to whom the FCA has given its approval” insert “or received a notification”.
(6) In subsection (8A), in the definition of “senior manager”, after “a person who has approval” insert “or in respect of whom a notification has been made”.
(7) In subsection (9)
(a) after “approved” insert “or notified”;
(b) after “on whose application approval under section 59 was given” insert “or by whom the notification under that section was made”.
(8) In subsection (10)
(a) after “approved” insert “or notified”;
(b) after “on whose application approval under section 309G was given” insert “or by whom the notification under that section was made”.
49 In section 347A (duty of PRA to disclose information relevant to the record), in subsection (1)(c), after “approved”, in both places it occurs, insert “or notified”.
50 In section 380 (injunctions), in subsection (8)(c), for “the approval concerned falls to be given by” substitute “the approval or notification concerned falls to be given by or made to”.
51 In section 382 (restitution orders), in subsection (11)(c), for “the approval concerned falls to be given by” substitute “the approval or notification concerned falls to be given by or made to”.
52 In section 384 (power of the FCA or PRA to require restitution), in subsection (9)(c), for “the approval concerned falls to be given by” substitute “the approval or notification concerned falls to be given by or made to”.
53 In section 415B (consultation in relation to taking certain enforcement action), in subsection (3)
(a) in paragraph (a), after “approval” insert “or notification”;
(b) in paragraph (b), after “approved” insert “or notified”.
54 In paragraph 24 of Schedule 1ZA (FCA fees)—
(a) after paragraph (b) insert—
(ba) a fee to be paid in respect of a notification under section 59;
;
(b) after paragraph (c) insert—
(d) a fee to be paid in respect of a notification under section 309G.
55 In paragraph 32 of Schedule 1ZB (PRA fees), at the end of paragraph (b) insert , or
(c) a fee to be paid in respect of a notification under section 59.
56
(1) Schedule 6A (variation or cancellation of Part 4A permission on initiative of FCA) is amended as follows.
(2) In paragraph 5(4)(b), after “withdraw or vary an approval given” insert “, or invalidate or vary a notification made,”.
(3) In paragraph 6(6)
(a) in paragraph (a)
(i) after “approval” insert “or notification”;
(ii) after “withdrawn” insert “or invalidated”;
(b) in paragraph (b), after “withdrawal” insert “, invalidation”.
57
(1) Schedule 17A (exercise of functions in relation to recognised bodies by Bank of England) is amended as follows.
(2) In paragraph 14(2)
(a) in paragraph (m)
(i) after “in relation to whom the Bank has given approval” insert “or received a notification”;
(ii) after “that approval” insert “or notification”;
(b) in paragraph (n), after “approval” insert “or notification”.
(3) In paragraph 22(b)
(a) after “approved”, in both places it occurs, insert “or notified”;
(b) after “in relation to whom the Bank has given approval” insert “or received a notification”.
(4) In paragraph 36(5), after “whose application under section 309I for approval under section 309G has been granted” insert “or in respect of whom a notification has been made under section 309G”.
58 In Schedule 3 to the Financial Services (Banking Reform) Act 2013 (consequential amendments), in paragraph 3, omit sub-paragraph (2).
59 In Schedule 4 to the Bank of England and Financial Services Act 2016 (extension of relevant authorised persons regime to all authorised persons), in paragraph 10
(a) omit sub-paragraph (2);
(b) in sub-paragraph (3), omit paragraph (a).

Footnotes

  1. 1

    Section 1

  2. 2

    Section 13(3)

  3. 3

    Section 131Z16(10)

  4. 4

    Section 31