Financial Guidance and Claims Act 2018
2018 c. 10 · Enacted 10 May 2018 · Extends to United Kingdom
An Act to make provision establishing a new financial guidance body (including provision about a debt respite scheme); to make provision about the funding of debt advice in Scotland, Wales and Northern Ireland; to provide a power to make regulations prohibiting unsolicited direct marketing in relation to pensions and other consumer financial products and services; and to make provision about the regulation of claims management services.
[10th May 2018]
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: Financial Guidance etc
- Establishment of the single financial guidance body
- 1The single financial guidance body
- Objectives and functions of the single financial guidance body
- 2Objectives
- 3Functions
- 4Specific requirements as to the pensions guidance function
- 4ASpecific functions included in the pensions guidance function
- 5Delegation of functions to delivery partner organisations
- 6Debt respite scheme: advice to the Secretary of State
- 7Debt respite scheme: regulations
- 8Guidance and directions from the Secretary of State
- Standards set by the single financial guidance body
- 9Setting standards
- 10Monitoring and enforcement of standards
- Funding of the single financial guidance body
- 11Financial assistance from the Secretary of State
- 12Levies under Pension Schemes Act 1993 and Pension Schemes (NI) Act 1993
- 13Levy under FSMA 2000 for expenses of single financial guidance body
- Funding of debt advice in Scotland, Wales and Northern Ireland
- 14Levy under FSMA 2000 for debt advice expenses of devolved authorities
- Offence of impersonating the single financial guidance body
- 15False claims about provision of information etc
- 16Offences under section 15 committed by bodies corporate etc
- Information exchange
- 17Disclosure of information
- Rules etc about financial guidance
- 18Personal pension schemes: requirements to refer members to guidance etc
- 19Occupational pension schemes: requirements to refer members to guidance etc
- 20FCA general rules: information about the availability of guidance
- Unsolicited direct marketing approaches
- 21Unsolicited direct marketing: pensions
- 22Unsolicited direct marketing: other consumer financial products etc
- Miscellaneous
- 23Power to dissolve the single financial guidance body
- 24Regulations dissolving the new single financial guidance body: procedure
- 25Minor and consequential amendments
- 26Interpretation of Part 1
- Part 2: Claims Management Services
- Transfer of regulation of claims management services to FCA
- 27Transfer to FCA of regulation of claims management services
- Charges for claims management services
- 28Power of FCA to make rules restricting charges for claims management services
- 29PPI claims and charges for claims management services: general
- 30PPI claims: interim restriction on charges before transfer of regulation to FCA
- 31PPI claims: interim restriction on charges imposed by authorised persons after transfer of regulation to FCA
- 32PPI claims: interim restriction on charges imposed by legal practitioners after transfer of regulation to FCA
- 33Legal services regulators' rules: charges for claims management services
- 34Extension of power of the Law Society of Scotland to make rules
- Cold calling about claims management services
- 35Cold calling about claims management services
- Part 3: General
- 36Extent
- 37Commencement
- 38Short title
- Schedule 1: THE SINGLE FINANCIAL GUIDANCE BODY
- Status
- 1Paragraph 1
- Members: general
- 2Paragraph 2
- Non-executive members: tenure
- 3Paragraph 3
- Non-executive members: conflicts of interest
- 4Paragraph 4
- Non-executive members: remuneration etc
- 5Paragraph 5
- Executive members: appointment
- 6Paragraph 6
- Executive members: terms and conditions
- 7Paragraph 7
- Other staff: appointment, terms and conditions
- 8Paragraph 8
- Committees
- 9Paragraph 9
- Delegation
- 10Paragraph 10
- Procedure etc
- 11Paragraph 11
- Validity of acts
- 12Paragraph 12
- Authentication of seal
- 13Paragraph 13
- Reports and accounts
- 14Paragraph 14
- Schedule 2: TRANSFER SCHEMES UNDER SECTION 1
- Power to make transfer schemes
- 1Paragraph 1
- Contents of a scheme
- 2Paragraph 2
- Modifications to a scheme
- 3Paragraph 3
- Supplementary
- 4Paragraph 4
- Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 1
- Public Records Act 1958 (c. 51)
- 1Paragraph 1
- Parliamentary Commissioner Act 1967 (c. 13)
- 2Paragraph 2
- House of Commons Disqualification Act 1975 (c. 24)
- 3Paragraph 3
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 4Paragraph 4
- Financial Services and Markets Act 2000 (c. 8)
- 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
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Freedom of Information Act 2000 (c. 36)
- 23Paragraph 23
- Equality Act 2010 (c. 15)
- 24Paragraph 24
- Financial Services Act 2010 (c. 28)
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- Financial Services Act 2012 (c. 21)
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Pension Schemes Act 2015 (c. 8)
- 31Paragraph 31
- Bank of England and Financial Services Act 2016 (c. 14)
- 32Paragraph 32
- Schedule 4: REGULATION OF CLAIMS MANAGEMENT SERVICES: TRANSFER SCHEMES
- Part 1: APPLICATION AND INTERPRETATION
- 1Paragraph 1
- 2Paragraph 2
- Part 2: TRANSFER OF PROPERTY AND STAFF FROM THE REGULATOR TO THE FCA
- Power of Secretary of State to make transfer schemes
- 3Paragraph 3
- Transfer of property, rights and liabilities
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Contents of a transfer scheme
- 8Paragraph 8
- Supplementary
- 9Paragraph 9
- Modification of a transfer scheme
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 3: TRANSFER OF PROPERTY AND STAFF FROM THE OLC TO THE FOS
- Power of OLC to make transfer schemes
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Power of Lord Chancellor to make transfer schemes
- 16Paragraph 16
- 17Paragraph 17
- Provision of information and assistance by OLC
- 18Paragraph 18
- 19Paragraph 19
- Transfer of property, rights and liabilities
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Contents of a transfer scheme
- 23Paragraph 23
- Supplementary
- 24Paragraph 24
- Modification of a transfer scheme
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule 5: REGULATION OF CLAIMS MANAGEMENT SERVICES: TRANSITIONAL PROVISION
- FCA information gathering powers
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- FCA preparatory steps
- 4Paragraph 4
- Consultation requirements
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Designation of Regulator's rules
- 8Paragraph 8
- 9Paragraph 9
- Provision of information by Regulator and OLC
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Complaints handling
- 13Paragraph 13
- Interpretation
- 14Paragraph 14