Legislation – Financial Services and Markets Act 2023

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Introduction

PART 1
Regulatory framework

CHAPTER 1 Revocation of assimilated law

1 Revocation of assimilated law relating to financial services and markets

2 Transitional amendments

3 Power to make further transitional amendments

4 Power to restate and modify saved legislation

5 Power to replace references to EU directives

6 Restatement in rules: exemption from consultation requirements etc

7 Interpretation of Chapter

CHAPTER 2 New regulatory powers

Designated activities regime

8 Designated activities

Financial market infrastructure: general rules and requirements

9 Rules relating to central counterparties and central securities depositories

10 Central counterparties and central securities depositories: other requirements

11 Rules relating to investment exchanges and data reporting service providers

12 Treasury directions to Bank of England: restrictions

Financial market infrastructure: piloting powers

13 Testing of FMI technologies or practices

14 Reports on FMI sandboxes

15 Permanent implementation of arrangements tested under an FMI sandbox

16 Regulations

17 Interpretation

Powers in relation to critical third parties

18 Critical third parties: designation and powers

19 Critical third parties: related amendments

Financial promotion

20 Financial promotion

Sustainability disclosure requirements

21 Sustainability disclosure requirements

Digital settlement assets

22 Digital settlement assets

23 Digital settlement assets: power to make regulations

Mutual recognition

24 Implementation of mutual recognition agreements

CHAPTER 3 Accountability of regulators

39 Reporting requirements

FCA and PRA objectives and regulatory principles

25 Competitiveness and growth objective

26 Competitiveness and growth objective: reporting requirements

27 Regulatory principles

28 Sections 25 and 27: consequential amendments

FCA and PRA powers to make rules etc

29 Review of rules

30 Treasury power in relation to rules

31 Matters to consider when making rules

32 Effect of rules etc on deference decisions

33 Effect of rules etc on international trade obligations

34 Power to disapply or modify rules

FCA and PRA engagement

35 Responses to recommendations of the Treasury

36 Public consultation requirements

37 Engagement with statutory panels

38 Engagement with Parliamentary Committees

Co-operation of FCA and others

40 Duty to co-operate and consult in exercising functions

Panels and policy statements

41 Listing Authority Advisory Panel

42 Insurance Practitioner Panel

43 Cost Benefit Analysis Panels

44 Statement of policy on cost benefit analyses

45 Statement of policy on panel appointments

46 Composition of panels

47 Panel reports

Bank of England regulatory powers

48 Exercise of FMI regulatory powers

49 Bank of England: rule-making powers

50 Application of FSMA 2000 to FMI functions

Payment Systems Regulator

51 Payment Systems Regulator

52 Chair of the Payment Systems Regulator as member of FCA Board

Consultation on rules

53 Consultation on rules

PART 2
Access to cash

54 Cash access services

55 Wholesale cash distribution

PART 3
Performance of functions relating to financial market infrastructure

56 Recognised bodies: senior managers and certification

PART 4
Central counterparties in financial difficulties

57 Central counterparties in financial difficulties

PART 5
Insurers in financial difficulties

58 Insurers in financial difficulties

PART 6
Miscellaneous

59 Application of provisions to regulatory functions under this Act

60 Formerly authorised persons

61 Control over authorised persons

62 Financial services compensation scheme

63 The Ombudsman scheme

64 Unauthorised co-ownership AIFs

65 Power to amend enactments in consequence of rules

66 Ambulatory references

67 Power to amend or repeal certain provisions of FSMA 2000

68 Power under FSMA 2000 to make transitional provisions

69 Cryptoassets

70 Bank of England levy

71 Bank of England levy: consequential amendments

72 Liability of payment service providers for fraudulent transactions

73 Credit unions

74 Reinsurance for acts of terrorism

75 Banking Act 2009: miscellaneous amendments

76 Arrangements for the investigation of complaints

77 Politically exposed persons: money laundering and terrorist financing

78 Politically exposed persons: review of guidance

79 Forest risk commodities: review

PART 7
General

80 Interpretation

81 Pre-commencement consultation

82 Financial provision

83 Power to make consequential provision

84 Regulations

85 Extent

86 Commencement

87 Short title

SCHEDULES

SCHEDULE 1 Revocation of assimilated law relating to financial services

SCHEDULE 2 Transitional amendments

SCHEDULE 3 New Schedule 6B to FSMA 2000

SCHEDULE 4 FMI Sandboxes

SCHEDULE 5 Financial promotion: related amendments

SCHEDULE 6 Digital settlement assets

SCHEDULE 7 Accountability of the Payment Systems Regulator

SCHEDULE 8 Cash access services

SCHEDULE 9 Wholesale cash distribution

SCHEDULE 10 Performance of functions relating to financial market infrastructure

SCHEDULE 11 Central counterparties

SCHEDULE 12 Write-down orders

SCHEDULE 13 Insurers in financial difficulties: enforcement of contracts

SCHEDULE 14 Credit unions

Changes to legislation:

Financial Services and Markets Act 2023, PART 3 is up to date with all changes known to be in force on or before 04 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

SCHEDULE 1Revocation of assimilated law relating to financial services

PART 3EU tertiary legislation etc

Any provision made under any of the following EU directives—

(a)

Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems;

(b)

Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions;

(c)

Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities;

(d)

Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements;

(e)

Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services;

(f)

Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate;

(g)

Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market;

(h)

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers;

(i)

Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities;

(j)

Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability;

(k)

Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions;

(l)

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance;

(m)

Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers;

(n)

Directive 2011/89/EU of the European Parliament and of the Council of 16 November 2011 amending Directives 98/78/EC, 2002/87/EC, 2006/48/EC and 2009/138/EC as regards the supplementary supervision of financial entities in a financial conglomerate;

(o)

Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms;

(p)

Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property;

(q)

Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes;

(r)

Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse;

(s)

Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms;

(t)

Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments;

(u)

Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features;

(v)

Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market;

(w)

Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution;

(x)

Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision;

(y)

Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms.

Any provision made under an instrument listed in Part 1 (including any such instrument as it had effect in EU law before IP completion day).

Any provision made under an instrument listed in Part 2.

Any technical standards to which Chapter 2A of Part 9A of FSMA 2000 applies.