Financial Services (Banking Reform) Act 2013
2013 c. 33 · Enacted 18 December 2013 · Extends to United Kingdom
An Act to make further provision about banking and other financial services, including provision about the Financial Services Compensation Scheme; to make provision for the amounts owed in respect of certain deposits to be treated as a preferential debt on insolvency; to make further provision about payment systems and securities settlement systems; to make provision about the accounts of the Bank of England and its wholly owned subsidiaries; to make provision in relation to persons providing claims management services; and for connected purposes.
[18th December 2013]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Ring-fencing
- Ring-fencing
- 1Objectives of Prudential Regulation Authority
- 2Modification of objectives of Financial Conduct Authority
- 3Amendment of PRA power of direction
- 4Ring-fencing of certain activities
- 5PRA annual report
- 6Ring-fencing transfer schemes
- 7Building societies: power to make provision about ring-fencing
- Reviews
- 8Independent review of operation of legislation relating to ring-fencing
- 9PRA review of proprietary trading
- 10Independent review of proprietary trading
- 11Reviews of proprietary trading: interpretation
- 12Right to obtain documents and information
- Part 2: Depositor preference and the Financial Services Compensation Scheme
- Depositor preference
- 13Preferential debts: Great Britain
- Financial Services Compensation Scheme
- 14Discharge of functions by the scheme manager
- 15Power to require information from scheme manager Repealed
- 16Scheme manager: appointment of accounting officer
- Part 3: Bail-in stabilisation option
- 17Bail-in stabilisation option
- Part 4: Conduct of persons working in financial services sector
- Amendments of FSMA 2000
- 18Functions for which approval is required
- 19Senior management functions
- 20Statements of responsibilities
- 21Vetting by relevant authorised persons of candidates for approval
- 22Determination of applications for approval
- 23Power to give approval subject to conditions or for limited period
- 24Changes in responsibilities of senior managers
- 25Duty to notify regulator of grounds for withdrawal of approval
- 26Variation of approval
- 27Statement of policy
- 28Extension of limitation periods for imposing sanctions
- 29Certification of employees by relevant authorised persons
- 30Rules of conduct
- 31Requirement to notify regulator of disciplinary action
- 32Definition of “misconduct”
- 33Meaning of “relevant authorised person” Repealed
- 34Recording information about senior managers
- 35Consequential amendments relating to Part 4
- Offence
- 36Offence relating to a decision causing a financial institution to fail
- 37Section 36: interpretation
- 38Institution of proceedings
- Part 5: Regulation of payment systems
- Overview
- 39Overview
- The Payment Systems Regulator
- 40The Payment Systems Regulator
- “Payment system” etc
- 41Meaning of “payment system”
- 42Participants in payment systems etc
- Designation as a regulated payment system
- 43Designation orders
- 44Designation criteria
- 45Procedure
- 46Amendment of designation order
- 47Revocation of designation orders
- 48Publication
- General duties of Regulator
- 49Regulator's general duties in relation to payment systems
- 50The competition objective
- 51The innovation objective
- 52The service-user objective
- 53Regulatory principles
- Regulatory and competition functions
- 54Directions
- 55System rules
- 56Power to require granting of access to payment systems
- 57Variation of agreements relating to payment systems
- 58Power to require disposal of interest in payment system
- 59The Regulator's functions under Part 4 of the Enterprise Act 2002
- 60Restrictions on exercise of functions under Part 4 of the Enterprise Act 2002
- 61The Regulator's functions under the Competition Act 1998
- 62Duty to consider exercise of powers under Competition Act 1998
- 63Provision of information and assistance to a CMA group
- 64Function of keeping markets under review
- 65Exclusion of general duties
- 66Concurrent competition powers: supplementary provision
- 67Amendments relating to Regulator's competition powers
- Complaints
- 68Complaints by representative bodies
- 69Response by Regulator
- 70Complaints: guidance
- Enforcement and appeals
- 71Meaning of “compliance failure”
- 72Publication of compliance failures etc
- 73Penalties
- 74Warning notices
- 75Injunctions
- 76Appeals: general
- 77Appeals to Competition Appeal Tribunal
- 78Appeals in relation to penalties
- 79Appeals to Competition and Markets Authority
- 80Enforcement of requirement to dispose of interest in payment system
- Information and investigation powers
- 81Power to obtain information or documents
- 82Reports by skilled persons
- 83Appointment of persons to conduct investigations
- 84Investigations: general
- 85Powers of persons appointed under section 83
- 86Information and documents: supplemental provisions
- 87Admissibility of statements made to investigators
- 88Entry of premises under warrant
- 89Retention of documents taken under section 88
- 90Enforcement of information and investigation powers
- Disclosure of information
- 91Restrictions on disclosure of confidential information
- 92Exemptions from section 91
- 93Offences relating to disclosure of confidential information
- 94Information received from Bank of England
- 95Disclosure of information by Bank to Regulator
- Guidance
- 96Guidance
- Reports
- 97Reports
- Technical Standards
- 97ATechnical standards
- 97BStandards instruments
- 97CTreasury approval
- 97DApplication of section 104 of this Act and Part 9A of the Financial Services and Markets Act 2000
- Relationship with other regulators
- 98Duty of regulators to ensure co-ordinated exercise of functions
- 99Memorandum of understanding
- 100Power of Bank to require Regulator to refrain from specified action
- 101Power of FCA to require Regulator to refrain from specified action
- 102Power of PRA to require Regulator to refrain from specified action
- Recommendations
- 102ARecommendations by Treasury in connection with general duties
- Consultation, accountability and oversight
- 102BMatters to consider when imposing generally applicable requirements
- 103Regulator's general duty to consult
- 104Consultation in relation to generally applicable requirements
- 104ARequirements in connection with public consultations
- 104BDuty of Regulator to review generally applicable requirements
- 104CStatement of policy relating to review of requirements
- 104DRequirement to review specified requirements
- 104EReport on certain reviews
- 104FPower of Treasury to require the imposition of generally applicable requirements
- 104GConsultation with the FCA Cost Benefit Analysis Panel
- 104HStatement of policy in relation to cost benefit analyses
- 104IStatement of policy on panel appointments
- 105Independent inquiries
- 106Investigations into regulatory failure
- 107Competition scrutiny
- 107AInternational trade obligations
- Miscellaneous and supplemental
- 108Relationship with Part 8 of the Payment Services Regulations 2017
- 109Exemption from liability in damages for FCA and PRA
- 110Interpretation of Part
- Part 6: Special administration for operators of certain infrastructure systems
- Introductory
- 111Financial market and cash infrastructure administration
- 112Interpretation: infrastructure companies
- 113Interpretation: other expressions
- FMI administration orders
- 114FMI administration orders
- 115Objective of FMI administration
- 116Application for FMI administration order
- 117Powers of court
- 118FMI administrators
- 119Continuity of supply
- 120Power to direct FMI administrator
- 121Conduct of administration, transfer schemes etc.
- Restrictions on other insolvency procedures
- 122Restriction on winding-up orders and voluntary winding up
- 123Restriction on making of ordinary administration orders
- 124Restriction on enforcement of security
- Powers to participate in Part 26A proceedings
- 124APowers of Bank to participate in Part 26A proceedings
- Financial support for companies in FMI administration
- 125Loans
- 126Indemnities
- Interpretation
- 127Interpretation of Part
- Application of Part to Northern Ireland Not yet in force
- 128Northern Ireland Not yet in force
- Part 7: Miscellaneous
- Competition
- 129Functions of FCA under competition legislation
- 130Competition as a secondary objective of the PRA
- Consumers
- 131Duty of FCA to make rules restricting charges for high-cost short-term credit
- 132Role of FCA Consumer Panel in relation to PRA
- Parent undertakings
- 133Power of FCA and PRA to make rules applying to parent undertakings
- Meetings with auditors
- 134Duty to meet auditors of certain institutions
- Fees to meet Treasury expenditure
- 135Fees to meet Treasury expenditure relating to international organisations
- Parliamentary control of statutory instruments under FSMA 2000
- 136Amendments of section 429 of FSMA 2000
- Bank of England
- 137Accounts of Bank of England and its wholly-owned subsidiaries
- Building societies
- 138Building societies
- Claims management services
- 139Power to impose penalties on persons providing claims management services Repealed
- 140Recovery of expenditure incurred by Office for Legal Complaints Repealed
- Minor amendments
- 141Minor amendments
- Part 8: Final provisions
- 142Orders and regulations: general
- 143Orders and regulations: Parliamentary control
- 144Interpretation
- 145Power to make further consequential amendments
- 146Transitional provisions and savings
- 147Extent
- 148Commencement and short title
- Schedule 1: Ring-fencing transfer schemes
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 2: Bail-in stabilisation option
- Part 1: Amendments of Banking Act 2009
- 1Paragraph 1
- New stabilisation option: bail-in
- 2Paragraph 2
- 3Paragraph 3
- Further provision about the bail-in option
- 4Paragraph 4
- Transfers of property
- 5Paragraph 5
- Compensation
- 6Paragraph 6
- Groups
- 7Paragraph 7
- Banks regulated by the Financial Conduct Authority
- 8Paragraph 8
- Recognised central counterparties
- 9Paragraph 9 Repealed
- Insolvency proceedings
- 10Paragraph 10
- State aid
- 11Paragraph 11 Repealed
- Other amendments of the Act
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Part 2: Modification of Investment Bank Special Administration Regulations 2011
- 33Paragraph 33
- Schedule 3: Consequential amendments relating to Part 4
- Financial Services and Markets Act 2000
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17 Repealed
- Financial Services Act 2012
- 18Paragraph 18
- 19Paragraph 19
- Schedule 4: The Payment Systems Regulator
- Introductory
- 1Paragraph 1
- Constitution
- 2Paragraph 2
- Status
- 3Paragraph 3
- Budget
- 4Paragraph 4
- Arrangements for discharging functions
- 5Paragraph 5
- Annual plan
- 6Paragraph 6
- Annual report
- 7Paragraph 7
- Other reports
- 7AParagraph 7A
- Audit of accounts
- 8Paragraph 8
- Funding (participants in regulated payment systems)
- 9Paragraph 9
- Funding (regulated persons)
- 9AParagraph 9A
- Penalty receipts
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Records
- 13Paragraph 13
- Exemption from liability in damages
- 14Paragraph 14
- Engagement with Parliamentary Committees
- 14AParagraph 14A
- 14BParagraph 14B
- Freedom of information
- 15Paragraph 15
- Equality
- 16Paragraph 16
- Schedule 5: Procedure for appeals to the CMA
- Functions of CMA to be discharged by group
- 1Paragraph 1
- 2Paragraph 2
- Application for permission to bring appeal
- 3Paragraph 3
- Suspension of decision
- 4Paragraph 4
- Time limit for representations and observations by the Regulator
- 5Paragraph 5
- Consideration and determination of appeal by group
- 6Paragraph 6
- Time limits for determining appeal
- 7Paragraph 7
- Matters to be considered on appeal
- 8Paragraph 8
- Production of documents etc
- 9Paragraph 9
- Oral hearings
- 10Paragraph 10
- Written statements
- 11Paragraph 11
- Expert advice
- 12Paragraph 12
- Defaults in relation to evidence
- 13Paragraph 13
- 14Paragraph 14
- Determination of appeal by CMA
- 15Paragraph 15
- Appeal rules
- 16Paragraph 16
- Costs
- 17Paragraph 17
- Interpretation
- 18Paragraph 18
- Schedule 6: Conduct of FMI administration
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 7: Financial market infrastructure transfer schemes
- Application of Schedule
- 1Paragraph 1
- Interpretation of Schedule
- 2Paragraph 2
- FMI administrator to act on behalf of old company
- 3Paragraph 3
- Making of FMI transfer schemes
- 4Paragraph 4
- Provision that may be made by a scheme
- 5Paragraph 5
- Further provision about transfers
- 6Paragraph 6
- Effect of scheme
- 7Paragraph 7
- Subsequent modification of scheme
- 8Paragraph 8
- Provision relating to foreign property
- 9Paragraph 9
- Application of Schedule to transfers to subsidiaries
- 10Paragraph 10
- Schedule 8: Functions of FCA under competition legislation
- Part 1: Amendments of Financial Services and Markets Act 2000
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: Amendments of other legislation
- Company Directors Disqualification Act 1986
- 8Paragraph 8
- Competition Act 1998
- 9Paragraph 9
- Enterprise Act 2002
- 10Paragraph 10
- Enterprise and Regulatory Reform Act 2013
- 11Paragraph 11
- 12Paragraph 12
- Schedule 9: Building societies
- Introductory
- 1Paragraph 1
- Exclusion of small business deposits from funding limit
- 2Paragraph 2
- 3Paragraph 3
- Ability to create floating charges
- 4Paragraph 4
- Annual business statements
- 5Paragraph 5
- Summary financial statements
- 6Paragraph 6
- 7Paragraph 7
- Transfers of business: distributions and share rights
- 8Paragraph 8
- Methods of communicating with members etc
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Financial year
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 10: Minor amendments
- Companies Act 1985
- 1Paragraph 1
- Financial Services and Markets Act 2000
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Income Tax Act 2007
- 6Paragraph 6
- Banking Act 2009
- 7Paragraph 7 Repealed
- 8Paragraph 8
- Financial Services Act 2012
- 9Paragraph 9
- 10Paragraph 10