Financial Services Act 2010
2010 c. 28An Act to make provision amending the Financial Services and Markets Act 2000, including provision about financial education, and other provision about financial services and markets; and to make provision for the administration of court funds by the Director of Savings.
Enacted[8th April 2010]
Be it enacted by the Queen'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:—
Objectives of FSA etc¶
F41 Financial stability objective¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I12 Enhancing public understanding of financial matters etc¶
- “the consumer financial education body” has the same meaning as in section 6A of the Financial Services and Markets Act 2000,
- “the FSA” means the Financial Services Authority, and
- “TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 2006.
I23 Meeting FSA's regulatory objectives¶
, and
Remuneration of executives of authorised persons¶
4 Executives' remuneration reports¶
5 Executives' remuneration reports: supplementary¶
- “authorised person” has the same meaning as in the Financial Services and Markets Act 2000 (see section 31),
- “the FSA” means the Financial Services Authority,
- “group” has the same meaning as in the Financial Services and Markets Act 2000 (see section 421),
- “officer”—
- in relation to a partnership, means a partner, and
- in relation to a body corporate whose affairs are managed by its members, means a member, and
- “prescribed” means specified in, or determined in accordance with, regulations under section 4.
F66 Rules made by FSA about remuneration¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Recovery and resolution plans¶
F77 Rules made by FSA about recovery and resolution plans¶
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Short selling¶
8 Power of FSA to prohibit, or require disclosure of, short selling¶
In the Financial Services and Markets Act 2000, after Part 8 insert—FSA's disciplinary powers¶
9 Suspending permission to carry on regulated activities etc¶
In Part 14 of the Financial Services and Markets Act 2000 (disciplinary measures), after section 206 insert—10 Removal of restriction on imposing a penalty and cancelling authorisation¶
In section 206 of the Financial Services and Markets Act 2000 (financial penalties), omit subsection (2) (which prevents the FSA from imposing a penalty under that section as well as withdrawing a person's authorisation under section 33).11 Performance of controlled function without approval¶
In the Financial Services and Markets Act 2000, after section 63 insert—12 Approved persons guilty of misconduct¶
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I713 Publication of decision notices¶
Measures to protect consumers¶
I814 Consumer redress schemes¶
15 Restrictions on provision of credit card cheques¶
Financial Services Compensation Scheme¶
16 Contribution to costs of special resolution regime¶
I917 Power to require FSCS manager to act in relation to other schemes¶
In the Financial Services and Markets Act 2000, after Part 15 insert—Part 15A Power to require FSCS manager to act in relation to other schemes
Introduction
224B Meaning of “relevant scheme” etc
Power to require FSCS manager to act
224C Power to require FSCS manager to act on behalf of manager of relevant scheme
224D Cases where FSCS manager may decline to act
224E Grounds for declining to act
Rules
224F Rules about relevant schemes
Powers to require information¶
18 Information relating to financial stability¶
165A Authority's power to require information: financial stability
- “management” includes any of the activities listed in Annex II to the UCITS directive;
- “relevant investment fund” means an investment fund whose assets consist of or include financial instruments which—
- are traded in the United Kingdom; or
- were issued by a body incorporated in the United Kingdom;
- “service” includes facility;
- “specified” means specified in the notice.
165B Safeguards etc in relation to exercise of power under section 165A
165C Orders under section 165A(2)(d)
169A Support of overseas regulator with respect to financial stability
19 Asset protection scheme etc¶
Banking Act 2009¶
20 Services forming part of recognised inter-bank payment systems¶
In Part 5 of the Banking Act 2009 (inter-bank payment systems), after section 206 insert—206A Services forming part of recognised inter-bank payment systems
21 Minor amendments of provision made by Banking Act 2009¶
48A Creation of liabilities
, and
| Para. 79 | Termination: successful rescue |
Director of Savings¶
22 Administration of court funds by Director of Savings¶
General¶
23 Orders or regulations¶
I324 Minor and consequential amendments¶
- Part 1 contains amendments of the Financial Services and Markets Act 2000, and
- Part 2 contains amendments of other legislation.
25 Extent¶
This Act extends to England and Wales, Scotland and Northern Ireland.26 Commencement¶
27 Short title¶
This Act may be cited as the Financial Services Act 2010.SCHEDULES
F10 SCHEDULE 1 ¶
Further provision about the consumer financial education body
Section 2
SCHEDULE 2 ¶
Minor and consequential amendments
Section 24
Part 1 Amendments of Financial Services and Markets Act 2000¶
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Powers of the Authority
415A Powers of the Authority
Any power which the Authority has under any provision of this Act is not limited in any way by any other power which it has under any other provision of this Act..
425A Consumers: regulated activities etc carried on by authorised persons
- “credit institution” means—
- a credit institution authorised under the banking consolidation directive; or
- an institution which would satisfy the requirements for authorisation as a credit institution under that directive if it had its registered office (or if does not have one, its head office) in an EEA State;
- “relevant ancillary service” means any service of a kind mentioned in Section B of Annex I to the markets in financial instruments directive the provision of which does not involve the carrying on of a regulated activity.
Part 2 Amendments of other legislation¶
Consumer Credit Act 1974¶
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Contracting Out (Functions Relating to National Savings) Order 1998¶
Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Modification of Powers) Regulations 2006¶
Banking Act 2009¶
| 206A | Services forming part of recognised inter-bank payment systems | Draft affirmative resolution |
Footnotes
- I1S. 2 partly in force; s. 2(1)(5)(7)(8) in force at Royal Assent and s. 2(6) in force for specified purposes at Royal Assent see s. 26(1)(b)
- I2S. 3 wholly in force at 8.6.2010; s. 3(1)(4) in force at Royal Assent and s. 3(2)(3)(5) in force at 8.6.2010 see s. 26(1)(c)(2)(a)
- I3S. 24 partly in force; s. 24(3)-(5) in force at Royal Assent, s.24(1)(2) in force for specified purposes at Royal Assent and for further specified purposes at 8.6.2010 see s. 26(1)(g)(2)(d)
- I4Sch. 2 para. 16 wholly in force at 8.6.2010; Sch. 2 para. 16(1)(2) in force at Royal Assent and Sch. 2 para. 16(3) in force at 8.6.2010 see s. 26(1)(l)(2)(e)
- I5Sch. 2 para. 24 partly in force; Sch. 2 para. 24(1)(2) in force at Royal Assent see s. 26(1)(l)
- I6Sch. 2 para. 33 partly in force; Sch. 2 para. 33(1)(3) in force at Royal Assent and Sch. 2 para. 33(4) in force at 8.6.2010 see s. 26(1)(l)(2)(e)
- I7S. 13 in force at 12.10.2010 by S.I. 2010/2480, art. 2(b) (with art. 4)
- I8S. 14 in force at 12.10.2010 by S.I. 2010/2480, art. 2(c)
- I9S. 17 in force at 12.10.2010 by S.I. 2010/2480, art. 2(d)
- I10S. 24(1)(2) in force at 12.10.2010 for specified purposes by S.I. 2010/2480, art. 2(e)
- I11Sch. 2 para. 21 in force at 12.10.2010 by S.I. 2010/2480, art. 2(f)
- I12Sch. 2 para. 23 in force at 12.10.2010 by S.I. 2010/2480, art. 2(f)
- I13Sch. 2 para. 24(3) in force at 12.10.2010 by S.I. 2010/2480, art. 2(f)
- I14Sch. 2 para. 33(2) in force at 12.10.2010 by S.I. 2010/2480, art. 2(f)
- F1S. 3(2)-(4) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F2Sch. 2 paras. 2-6 repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F3Sch. 2 paras. 11-14 repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F4S. 1 repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F5S. 2(2)-(5) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F6S. 6 repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F7S. 7 repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F8Sch. 2 para. 27 repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F9Sch. 2 para. 34 repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
- F10Sch. 1 omitted (6.4.2021) by virtue of Financial Guidance and Claims Act 2018 (c. 10), s. 37(5), Sch. 3 para. 27; S.I. 2021/433, reg. 2(b)(vii)
- F11S. 2(1) omitted (6.4.2021) by virtue of Financial Guidance and Claims Act 2018 (c. 10), s. 37(5), Sch. 3 para. 26; S.I. 2021/433, reg. 2(b)(vi)
- F12S. 2(6) omitted (6.4.2021) by virtue of Financial Guidance and Claims Act 2018 (c. 10), s. 37(5), Sch. 3 para. 26; S.I. 2021/433, reg. 2(b)(vi)
- F13S. 8 omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 2(2)
- F14Sch. 2 para. 29(2)(b) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 2(3)
- F15Sch. 2 para. 29(3)(b) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 2(3)