Legislation – Financial Services and Markets Act 2023
SCHEDULE 5Financial promotion: related amendments
1
FSMA 2000 is amended as follows.
2
In section 1H (further interpretative provisions for sections 1B to 1G), in subsection (2)(c) after “invitations” insert “or inducements”
.
3
In section 25 (contravention of section 21), in subsection (2)(a) after “section 21” insert “in accordance with subsection (2A) of that section”
.
4
“(6)
References in this section to permission under this Part do not include references to permission under section 55NA.”
5
(1)
Section 55O (imposition of requirements on acquisition of control) is amended as follows.
(2)
In subsection (1)(b), after “power” insert “or (as the case may be) the power under section 55NA(5)(b)”
.
(3)
In subsection (2)(a) for “or 55M” substitute “, 55M or 55NA”
.
(4)
In subsection (3), after “PRA-authorised person” insert “and the case does not relate to a requirement that is imposed (or that could be imposed) under section 55NA”
.
6
“(ba)
an application for permission under section 55NA,
(bb)
whether to vary or cancel permission under section 55NA,”.
7
“(3A)
An application for permission under section 55NA, or for the variation of permission under that section, must contain a statement of the desired permission or variation.”
8
In section 55V (determination of applications), in subsection (5)—
(a)
omit “or” at the end of paragraph (c);
(b)
“, or
(e)
for permission under section 55NA or for the variation or cancellation of permission granted under that section,”.
9
(1)
Section 55X (determination of applications: warning notices and decision notices) is amended as follows.
(2)
In subsection (1)—
(a)
omit “or” at the end of paragraph (d);
(b)
“(f)
to give permission under section 55NA but to exercise its power under subsection (4)(b) of that section, or
(g)
to vary permission under section 55NA on the application of an authorised person but to exercise its power under subsection (4)(b) of that section,”.
(3)
In subsection (4)—
(a)
omit “or” at the end of paragraph (e);
(b)
“(ea)
to give permission under section 55NA but to exercise its power under subsection (4)(b) of that section,
(eb)
to vary permission under section 55NA on the application of an authorised person but to exercise its power under subsection (4)(b) of that section, or”.
10
(1)
Section 55Y (exercise of own-initiative power: procedure) is amended as follows.
(2)
“(1A)
This section also applies to an exercise of the FCA’s power under subsection (5)(b) of section 55NA to vary of its own initiative a permission given under that section to an authorised person (“A”).
(1B)
References in this section to a regulator’s own initiative variation power are to be taken as including the power mentioned in subsection (1A).”
(3)
“(4)
If either regulator—
(a)
proposes to vary a Part 4A permission or to impose or vary a requirement,
(b)
varies a Part 4A permission, or imposes or varies a requirement, with immediate effect,
(c)
proposes to vary a permission under section 55NA, or
(d)
varies permission under section 55NA with immediate effect,
it must give A written notice.”
11
(1)
Section 55Z (cancellation of Part 4A permission: procedure) is amended as follows.
(2)
In the heading, after “permission” insert “or permission under section 55NA”
.
(3)
In subsection (1) after “permission” insert “or permission under section 55NA”
.
(4)
In subsection (2) after “permission” insert “or permission under section 55NA”
.
12
“(2A)
An authorised person who is aggrieved by the exercise by the FCA of its power under section 55NA(5)(b) may refer the matter to the Tribunal.”