OpenLegislation

Paragraph 20 C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16F1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The FCA must in respect of each of its financial years pay to the Treasury its penalty receipts after deducting its enforcement costs.

(2)

The FCA's “penalty receipts” in respect of a financial year are any amounts received by it during the year by way of penalties imposed under this Act.

(3)

The FCA's “enforcement costs” in respect of a financial year are the expenses incurred by it during the year in connection with—

(a)

the exercise, or consideration of the possible exercise, of any of its enforcement powers in particular cases, or

(b)

the recovery of penalties imposed under this Act F2or under a provision mentioned in sub-paragraph (4A).

(4)

For this purpose the FCA's enforcement powers are—

(a)

its powers under any of the provisions mentioned in section 133(7A),

(b)

its powers under section 56 (prohibition orders),

(F3ba)

its powers under section 143S (Part 9C prohibition orders),

(F4bb)

its powers under section 309B (Part 18 prohibition orders),

(c)

its powers under Part 25 of this Act (injunctions and restitution),

(F5ca)

its powers under the relevant competition provisions (as applied by Part 16A of this Act),

(d)

its powers under any other enactment specified by the Treasury by order,

(e)

its powers in relation to the investigation of relevant offences, and

(f)

its powers in England and Wales or Northern Ireland in relation to the prosecution of relevant offences.

(F64A)

The relevant competition provisions” are—

(a)

section 31E of the Competition Act 1998 (enforcement of commitments);

(b)

section 34 of that Act (enforcement of directions);

(c)

section 36 of that Act (penalties);

(d)

section 40A of that Act (penalties: failure to comply with requirements);

(e)

section 174A of the Enterprise Act 2002 (penalties).

(5)

“Relevant offences” are—

(a)

offences under F7this Act,

(b)

offences under subordinate legislation made under F8this Act,

(c)

offences falling within section 402(1) F9...,

(F10ca)

offences under Part 1 of the Competition Act 1998,

(cb)

offences under Part 4 of the Enterprise Act 2002,

(d)

offences under Part 7 of the Financial Services Act 2012, and

(e)

any other offences specified by the Treasury by order.

(6)

The Treasury may give directions to the FCA as to how the FCA is to comply with its duty under sub-paragraph (1).

(7)

The directions may in particular—

(a)

specify descriptions of expenditure that are, or are not, to be regarded as incurred in connection with either of the matters mentioned in sub-paragraph (3),

(b)

relate to the calculation and timing of the deduction in respect of the FCA's enforcement costs, and

(c)

specify the time when any payment is required to be made to the Treasury.

(8)

The directions may also require the FCA to provide the Treasury at specified times with specified information relating to—

(a)

penalties that the FCA has imposed under this Act, or

(b)

the FCA's enforcement costs.

(9)

The Treasury must pay into the Consolidated Fund any sums received by them under this paragraph.

Annotations

Textual amendments

F1

Schs. 1ZA, 1ZB substituted for Sch. 1 (24.1.2013 for specified purposes, 19.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 3 (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c)(2), Sch. Pts. 2, 3, 4; S.I. 2013/423, art. 3, Sch.

F2

Words in Sch. 1ZA para. 20(3)(b) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 4(2); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

F3

Sch. 1ZA para. 20(4)(ba) inserted (1.7.2021) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 2 para. 18 (with Sch. 2 Pt. 3); S.I. 2021/671, reg. 4(b)

F4

Sch. 1ZA para. 20(4)(bb) inserted (29.6.2023 for specified purposes) by Financial Services and Markets Act 2023 (c. 29), s. 86(1)(e), Sch. 10 para. 18(2)

F5

Sch. 1ZA para. 20(4)(ca) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 4(3); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

F6

Sch. 1ZA para. 20(4A) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 4(4); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

F7

Words in Sch. 1ZA para. 20(5)(a) substituted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 4(5)(a); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

F8

Words in Sch. 1ZA para. 20(5)(b) substituted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 4(5)(b); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

F9

Words in Sch. 1ZA para. 20(5)(c) omitted (1.3.2014) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 4(5)(c); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

F10

Sch. 1ZA para. 20(5)(ca)(cb) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 10 para. 4(5)(d); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

Modifications

C1

Sch. 1ZA paras. 19-22 applied (with modifications) (E.W.) (9.7.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 (S.I. 2013/1635), regs. 1, 7(2)

C2

Sch. 1ZA para. 20 applied (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), regs. 1, 71(3)

C3

Sch. 1ZA paras. 19-22 applied (with modifications) (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 6

C4

Sch. 1ZA para. 20 applied (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), arts. 1(5), 23(4) (with Pt. 4)

C5

Sch. 1ZA paras. 19-23 applied (with modifications) (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 25(1) (with reg. 7)

C6

Sch. 1ZA paras. 19-23 applied (with modifications) (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 40

C7

Sch. 1ZA paras. 19-23 applied (with modifications) (1.1.2018) by The Packaged Retail and Insurance-based Investment Products Regulations 2017 (S.I. 2017/1127), reg. 1, Sch. 1 para. 9

C8

Sch. 1ZA paras. 19-23 applied (with modifications) (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 26

C9

Sch. 1ZA paras. 19-23 applied (with modifications) (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 1 para. 11 (with Sch. 1 paras. 13, 14)

C10

Sch. 1ZA paras. 19-22 applied (with modifications) (10.6.2019) by The Proxy Advisors (Shareholders Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 20, 28

C11

Sch. 1ZA paras. 19-21 applied (with modifications) (31.12.2020) by The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/335), regs. 1(1), 78 (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

C12

Sch. 1ZA para. 20 modified (31.12.2020) by The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/266), regs. 1(3), 14(3) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

C13

Sch. 1ZA paras. 19-21 applied (with modifications) (31.12.2020) by The Transparency of Securities Financing Transactions and of Reuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/542), regs. 1, 39 (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

C14

Sch. 1ZA paras. 19-23 applied (with modifications) (5.4.2024) by The Data Reporting Services Regulations 2024 (S.I. 2024/107), regs. 1(2), 27; S.I. 2023/1382, reg. 4(c)

C15

Sch. 1ZA paras. 19-21 applied (with modifications) (30.1.2024 for specified purposes, 1.11.2024 in so far as not already in force) by The Securitisation Regulations 2024 (S.I. 2024/102), reg. 2(1)(e)(2), Sch. 1 para. 16 (with reg. 52(3), Sch. 3); as amended by S.I. 2024/705, regs. 1(2), 2(2)

C16

Sch. 1ZA paras. 19-22 applied (with modifications) (14.1.2025 for specified purposes, 13.7.2026 in so far as not already in force) by The Short Selling Regulations 2025 (S.I. 2025/29), regs. 2(2)(3), 24, 25, 26, Sch. 1 Pts. 1, 2, 3; S.I. 2026/587, reg. 2(b)

Notes on Schedule 1ZA

Modifications

C1

Sch. 1ZA applied (with modifications) (6.4.2018 immediately after 2016 c. 16 (N.I.), s. 8(2) comes into force) by The Financial Services Act 2012 (Mutual Societies) Order 2018 (S.I. 2018/323), art. 1, Sch. 1 paras. 2(2)(a), 5(1)(2) (with art. 3)

Notes on Part 3

Modifications

C1

Sch. 1ZA Pt. 3 modified (E.W.S.) (29.11.2018 for specified purposes, 1.4.2019 in so far as not already in force) by The Financial Services and Markets Act 2000 (Claims Management Activity) Order 2018 (S.I. 2018/1253), arts. 1(2)(3), 54(4)

C2

Sch. 1ZA Pt. 3 applied (with modifications) (31.5.2021) by The Civil Liability Act 2018 (Financial Conduct Authority) (Whiplash) Regulations 2021 (S.I. 2021/594), regs. 1, 2(2)(b)