Legislation – The Financial Services and Markets Act 2023 (Commencement No. 10 and Saving Provisions) Regulations 2025

Provisions coming into force on 1st January 20264.

The following provisions of the Financial Services and Markets Act 2023 come into force on 1st January 2026—

(a)

section 1(1) so far as it relates to the provisions in paragraphs (b) and (c);

(b)

in Part 1 of Schedule 1, the revocation of the following provisions of Regulation (EU) No575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No648/20124 (“the Capital Requirements Regulation”)—

(i)

Article 6(1a) (general principles)5;

(ii)

Article 11(3a) (general treatment)6;

(iii)

Article 12a (consolidated calculation for G-SIIs with multiple resolution entities)7;

(iv)

in Article 18(1) (methods of prudential consolidation)8 the words from “For the purposes of Article 11(3a)” to “relevant resolution groups”;

(v)

Articles 25 (tier 1 capital) to 35 (unrealised gains and losses measured at fair value)9;

(vi)

Articles 37 (deduction of intangible assets) to 47 (deduction of holdings of Common Equity Tier 1 instruments where an institution has a significant investment in a financial sector entity)10;

(vii)

Article 47a(1) and (2) (non-performing exposures);

(viii)

Articles 47c (deduction for non-performing exposures) to 79a (assessment of compliance with the conditions for own funds and eligible liabilities instruments)11;

(ix)

in Article 81 (minority interests that qualify for inclusion in consolidated Common Equity Tier 1 capital)12—

(aa)

paragraph 1(a)(i) to (iic), (b) and (c);

(bb)

paragraph 2;

(x)

in Article 82 (Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds)13, points (a)(i) to (iic), (b) and (c);

(xi)

Articles 83 (Qualifying Additional Tier 1 and Tier 2 capital issued by a special purpose entity) to 91 (exceptions)14;

(xii)

Article 92a (requirements for own funds and eligible liabilities for G-SIIs)15;

(xiii)

Article 466 (first time application of International Financial Reporting Standards)16;

(xiv)

Article 468 (temporary treatment of unrealised gains and losses measured at fair value through other comprehensive income in view of the COVID-19 pandemic)17;

(xv)

Article 469a (derogation from deductions from Common Equity Tier 1 items for non-performing exposures);

(xvi)

Article 471 (exemption from deduction of equity holdings in insurance companies from Common Equity Tier 1 items);

(xvii)

Articles 473 (introduction of amendments to IAS 19) to 474 (deductions from Additional Tier 1 items)18;

(xviii)

Article 476 (deductions from Tier 2 items);

(xix)

Article 479 (recognition in consolidated Common Equity Tier 1 capital of instruments and items that do not qualify as minority interests);

(xx)

Article 480 (recognition in consolidated own funds of minority interests and qualifying Additional Tier 1 and Tier 2 capital);

(xxi)

Articles 482 (scope of application for derivatives transactions with pension funds) to 491 (effective maturity)19;

(xxii)

Articles 494 (transitional provisions concerning the requirement for own funds and eligible liabilities) to 494b (grandfathering of own funds instruments and eligible liabilities instruments);

(c)

in Part 3 (EU tertiary legislation etc.) of Schedule 1 (revocation of assimilated law relating to financial services), the revocation of the following instruments—

(i)

Commission Delegated Regulation (EU) 2016/1450 of 23 May 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the criteria relating to the methodology for setting the minimum requirement for own funds and eligible liabilities20;

(ii)

Commission Implementing Regulation (EU) 2016/1800 of 11 October 2016 laying down implementing technical standards with regard to the allocation of credit assessments of external credit assessment institutions to an objective scale of credit quality steps in accordance with Directive 2009/138/EC of the European Parliament and of the Council21;

(iii)

Commission Implementing Regulation (EU) 2016/1801 of 11 October 2016 on laying down implementing technical standards with regard to the mapping of credit assessments of external credit assessment institutions for securitisation in accordance with Regulation (EU) No575/2013 of the European Parliament and of the Council22.