Paragraph 3

This Table sets out the applied provisions of FSMA 2000 in the first column with specific modifications in relation to an applied provision mentioned in the corresponding entry in the second column—

Provision of FSMA 2000	Modifications etc
Section 1L(2) and (3)^f1.	() Applies as if— (a) in subsection (2), the reference to persons other than authorised persons were a reference to persons subject to requirements under Part 4 or 5 of these Regulations; (b) in subsection (2) and (3), the requirements referred to included requirements imposed on persons by or under Part 4 or 5 of these Regulations.
Section 66 (disciplinary powers)^f2
Section 66A (misconduct: action by FCA)^f3	(1) The general modification in paragraph 2(b) does not apply in relation to the references to authorised persons in this section. (2) Applies as if, in subsection (4), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Sections 67 to 70 (misconduct procedure)^f4
Sections 71V, 71W, 71X and 71Y (procedure for directions, including appeals)^f5	Apply as if references to a relevant Part 5A direction were references to a direction given under regulation 21 or 23 of these Regulations.
Section 165 (regulators’ power to require information: authorised persons etc.)^f6	Applies as if, in subsection (4)(a), the functions referred to were the functions conferred on the FCA by Part 4 or 5 of these Regulations.
Section 166 (reports by skilled persons)^f7
Section 167 (appointment of persons to carry out general investigations)^f8
Section 168 (appointment of persons to carry out investigations in particular cases)^f9	Applies as if, in subsection (4), in the list of circumstances suggesting the specified matters, there were included an entry for circumstances suggesting that a person may have contravened any requirement imposed by or under Part 4 or 5 of these Regulations.
Section 169 (investigations etc. in support of overseas regulator)^f10	Applies as if references to an overseas regulator were to an authority in a country or territory outside the United Kingdom which has functions corresponding to those of the FCA under these Regulations.
Section 170 (investigations: general)^f11
Section 171 (powers of person appointed under section 167)^f12
Section 172 (additional power of persons appointed as a result of section 168(1) or (4))
Section 174 (admissibility of statement made to investigators)^f13
Section 175 (information and documents: supplemental provision)^f14
Section 176 (entry of premises under warrant)^f15
Section 176A (retention of documents taken under section 176)^f16
Section 177 (offences)^f17
Section 177A (interpretation of Part 11)^f18
Section 204A (meaning of “relevant requirement” etc. for purposes of Part 14)^f19	Applies as if, in subsections (2) and (6), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 205 (public censure)^f20
Section 206 (financial penalties)^f21
Section 206B (prohibition or restriction on carrying on of relevant designated activities)^f22.	() Applies as if— (a) the references to relevant designated activity were references to the activities specified in regulation 4, and (b) the reference in subsection (1) to a relevant Part 5A requirement were a reference to a requirement imposed by or under Part 5 of these Regulations.
Section 207 (proposal to take disciplinary measures)^f23
Section 208 (decision notice)^f24
Section 208A (applications under section 206B(4): procedure and right to refer to Tribunal)^f25
Section 209 (publication)^f26
Section 210 (statements of policy)^f27
Section 211 (statements of policy: procedure)^f28
Section 380 (injunctions)^f29	Applies as if, in subsection (6)(a), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 382 (restitution orders)^f30	Applies as if, in subsection (9)(a), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 384 (power of FCA or PRA to require restitution)^f31	Applies as if, in subsection (7), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 385 (warning notices)^f32
Section 386 (decision notices)^f33
Section 387 (warning notices: procedure etc.)^f34
Section 388 (decision notices: procedure etc.)^f35
Sections 389 and 390 (conclusion of proceedings)^f36
Section 391 (publication)^f37
Sections 392 to 394 (third party rights and access to evidence)^f38
Section 395 (FCA’s and PRA’s procedures)^f39
Section 396 (statements under section 395: consultation)^f40
Section 400 (offences by bodies corporate etc.)^f41
Section 401 (proceedings for offences)^f42
Section 403 (jurisdiction and procedure in respect of offences)^f43
Section 413 (protected items)	Applies as if, in subsection (1), the reference to FSMA 2000 included a reference to Part 4 or 5 of these Regulations.
Section 415AA (application of powers to formerly authorised persons)^f44
Section 415B (consultation in relation to taking certain enforcement action)^f45
Paragraphs 19 to 22 of Schedule 1ZA (the FCA: penalties)^f46	The general modification in paragraph 2(b) does not apply in relation to references to authorised persons in paragraph 21 of Schedule 1ZA.

Annotations

Footnotes

f1: Section 1L was inserted by section 6(1) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2013/1773 and S.I. 2019/632.
f2: Section 66 was amended by sections 12 and 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 15 of and Schedule 5 to the Financial Services Act 2012 (c. 21), sections 28, 32 and 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).
f3: Section 66A was inserted by section 32(2) of the Financial Services (Banking Reform) Act 2013 (c. 33) and amended by sections 21 and 25 of the Bank of England and Financial Services Act 2016 (c. 14), S.I. 2015/1864, S.I. 2016/225 and S.I. 2019/632.
f4: Sections 67 to 70 were amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 15 of and Scheudle 5 to the Financial Services Act 2012 (c. 21), section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).
f5: Sections 71V, 71W, 71X and 71Y are inserted into FSMA 2000 by the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2024 (S.I. [ ]/2024).
f6: Section 165 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21), section 16 of and Schedule 2 to the Bank of England and Financial Services Act 2016 (c. 14), sections 2 and 24 of and Schedules 2 and 9 to the Financial Services Act 2021 (c. 22), section 9(3) of the Financial Services and Markets Act 2023 (c. 29), S.I. 2013/1773, S.I. 2015/575, and S.I. 2022/466.
f7: Section 166 was substituted by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21). It was amended by section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22) and S.I. 2022/466.
f8: Section 167 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21), section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22), S.I. 2007/126 and S.I. 2015/575. There are other amendments but none are relevant.
f9: Section 168 was amended by section 62 of and Schedule 7 to the Counter-Terrorism Act 2008 (c. 28), section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680. There are other amendments but none are relevant.
f10: Section 169 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21), S.I. 2016/680 and S.I. 2019/632.
f11: Section 170 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21).
f12: Section 171 was amended by section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22) and S.I. 2007/126.
f13: Section 174 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680.
f14: Section 175 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and by section 12 of and Schedule 2 to the Investigatory Powers Act 2016 (c. 25).
f15: Section 176 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22).
f16: Section 176A was inserted by section 41 of the Financial Services Act 2012 (c. 21).
f17: Section 177 was amended by section 280 of and Schedule 26 to the Criminal Justice Act 2003 (c. 44), section 114 of and Schedule 18 to the Financial Services Act 2012 (c. 21), S.I. 2001/1090 and S.I. 2016/680.
f18: Section 177A was inserted by section 2 of the Financial Services Act 2021 (c. 22).
f19: Section 204A was inserted by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and amended by section 23 of the Bank of England and Financial Services Act 2016 (c. 14), section 11 of the Civil Liability Act 2018 (c. 29), S.I. 2013/1773, S.I. 2015/1864, S.I. 2016/225, and S.I. 2019/632.
f20: Section 205 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f21: Section 206 was amended by section 10 of the Financial Services Act 2010 (c. 28) and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f22: Section 206B is inserted by the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2024 (S.I. [ ]/2024).
f23: Section 207 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28) and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f24: Section 208 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f25: Section 208A is inserted by the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2024 (S.I. [ ]/2024).
f26: Section 209 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f27: Section 210 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28) and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f28: Section 211 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f29: Section 380 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). There are other amendments but none are relevant.
f30: Section 382 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). There are other amendments but none are relevant.
f31: Section 384 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680. There are other amendments but none are relevant.
f32: Section 385 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f33: Section 386 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f34: Section 387 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).
f35: Section 388 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).
f36: Sections 389 and 390 were amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f37: Section 391 was amended by sections 13 and 24 of the Financial Services Act 2010 (c. 28), section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21), section 4 of the Financial Services (Banking Reform) Act 2013 (c. 33), section 56 of and Schedule 10 to the Financial Services and Markets Act 2023 (c. 29). There are other amendments but none are relevant.
f38: Section 392 was amended by section 56 of and Schedule 10 to the Financial Services and Markets Act 2023 (c. 29). There are other amendments to section 392 but none is relevant. Section 393 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). Section 394 was amended by section 82 of and Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c. 23), section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and section 271 of and Schedule 10 to the Investigatory Powers Act 2016 (c. 25).
f39: Section 395 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). There are other amendments but none are relevant.
f40: Section 396 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f41: Section 400 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f42: Section 401 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and S.I. 2013/1881. There are other amendments but none are relevant.
f43: Section 403 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).
f44: Section 415AA was inserted by section 60 of the Financial Services and Markets Act 2023 (c. 29).
f45: Section 415B was inserted by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21), and amended by section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33), section 21 of and Schedule 4 to the Bank of England and Financial Services Act 2016 (c. 14), and S.I. 2016/680.
f46: Schedule 1ZA was inserted by section 6 of and Schedule 3 to the Financial Services Act 2012 (c. 21). Paragraphs 19 to 22 were amended by section 141 of and Schedule 10 to the Financial Services (Banking Reform) Act 2013 (c. 33), section 47 of and Schedule 3 to the Pension Schemes Act 2015 (c. 8), section 25 of and Schedule 3 to the Financial Guidance and Claims Act 2018 (c. 10), section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22), and section 56 of and Schedule 10 to the Financial Services and Markets Act 2023 (c. 29).