OpenLegislation

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013

S.I. 2013/1881 · Made 25 July 2013 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 11 July 2023.

See the changes not yet applied
ProvisionChangeMade by
OrderrevokedFinancial Services and Markets Act 2023 Sch. 1 Pt. 2

Financial Services And Markets

Made 25th July 2013

Coming into force in accordance with article 1

M1The Treasury are a government department designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to financial services .

M2In accordance with paragraph 26 of Schedule 2 to the Financial Services and Markets Act 2000 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972, a draft of this Order has been laid before Parliament and approved by a resolution of each House.

The Treasury are of the opinion that one of the effects of the proposed order would be that an activity which is not a regulated activity would become a regulated activity.

The Treasury, in exercise of the powers conferred by sections 22(1), (1A) and (5) and 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000 M3 and section 2(2) of the European Communities Act 1972 M4, make the following Order:C1

Annotations to the whole text

Marginal citations

M1

S.I. 2012/1759.

M2

2000 c.8. Paragraph 26 of Schedule 2 was substituted by the Financial Services Act 2012 (c.21), section 8.

M3

Section 22 was amended by the Financial Services Act 2012, section 7.

M4

1972 c. 68. Amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27, and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

Modifications

C1

Order: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and interpretation
  3. Part 2: Amendments of the Regulated Activities Order
  4. 2Amendments of the Regulated Activities Order
  5. 3Definitions etc.
  6. 4Credit broking etc.
  7. 5Activities relating to debt
  8. 6Entering into etc. a regulated credit agreement
  9. 7The investments
  10. 8Provision of credit information services
  11. 9Other amendments
  12. Part 3: Amendments of the Act etc.
  13. 10Amendments of the Act
  14. 11Transitional and savings provisions related to article 10
  15. 12Obligations of certain persons who carry on credit broking
  16. Part 4: Amendments of secondary legislation made under the Act
  17. 13The Financial Services and Markets Act 2000 (Carrying on Regulated Activities By Way of Business) Order 2001
  18. 14The Financial Services and Markets Act 2000 (Exemption) Order 2001
  19. 15The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
  20. 16The Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001
  21. 17The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
  22. 18The Financial Services and Markets Act 2000 (Ombudsman Scheme) (Consumer Credit Jurisdiction) Order 2007
  23. 19The Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009
  24. Part 5: Amendments of the Consumer Credit Act 1974 etc.
  25. 20Amendments of the 1974 Act
  26. Part 6: Amendments to secondary legislation made under the 1974 Act
  27. 21Revocation of secondary legislation made under the 1974 Act
  28. 22Saving provision related to article 21
  29. 23The Consumer Credit (Agreements) Regulations 1983
  30. 24The Consumer Credit (Early Settlement) Regulations 2004
  31. 25The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007
  32. 26The Consumer Credit (Disclosure of Information) Regulations 2010
  33. 27The Consumer Credit (Agreements) Regulations 2010
  34. Part 7: Consequential amendments and transitional provisions
  35. 28Consequential amendments to other legislation etc.
  36. Part 8: Transitional provisions
  37. Chapter 1: Interpretation
  38. 29Interpretation of Part 8
  39. Chapter 2: Licensing etc.
  40. 30Meaning of “relevant person” in Chapter 2
  41. 31Applications for a standard licence where no determination made before 1st April 2014
  42. 32Applications for a standard licence where determination has been made but appeal period has not ended
  43. 33Variation of licence at request of licensee where no determination made before 1st April 2014
  44. 34Variation of licence at request of licensee where determination has been made but appeal period has not ended
  45. 35Compulsory variation of a licence where no determination to vary made before 1st April 2014
  46. 36Compulsory variation of a licence where determination to vary made before 1st April 2014
  47. 37Revocation etc. of licence where no determination made before 1st April 2014
  48. 38Revocation etc. of licence where determination made before 1st April 2014
  49. 39Suspension of licence where determination made before 1st April 2014 but not confirmed
  50. 40Suspension of licence where determination made before 1st April 2014 and confirmed
  51. 41Imposition of requirements etc. where no determination made before 1st April 2014
  52. 42Imposition of requirements etc. where determination made but appeal period has not ended
  53. 43Failure to comply with information requirement
  54. 44Civil penalties – where no determination made before 1st April 2014
  55. 45Civil penalties – where determination made but appeal period has not ended
  56. 46Civil penalties – where determination made before 1st April 2014 and penalty due
  57. 47Civil penalties – where no formal action taken before 1st April 2014
  58. 48Enforcement of agreements made by unlicensed trader
  59. 48AEnforcement of agreements for ancillary credit services
  60. 48BEnforcement of agreements made on introductions by unlicensed credit-broker
  61. 49Offences committed under the 1974 Act before 1st April 2014
  62. 50Information and investigation powers
  63. 51Applications made to the OFT which have not been determined by 1st April 2014
  64. 52Decision notices
  65. 53Waivers
  66. Chapter 3: Appeals
  67. 54Appeals – where steps taken before 1st April 2014
  68. 55Appeals – where no steps taken before 1st April 2014
  69. Chapter 4: Permission etc.
  70. 56Interim permission
  71. 57Procedure for notifying FCA
  72. 58Duration of interim permission
  73. 59Application of the Act to persons with an interim permission
  74. 59AApplication of article 72B of the Regulated Activities Order to persons with an interim permission
  75. 60Grandfathered permission for certain debt-counsellors
  76. Chapter 5: Rules and guidance
  77. 61Credit-related rules and guidance made by the FCA
  78. 62Credit-related rules made by the PRA
  79. 63Designation of provisions made under the 1974 Act
  80. 64Designating instruments
  81. Chapter 6: Miscellaneous
  82. 65Definition of “consumers”
  83. 66Information sharing
  84. Signature
  85. Schedule
  86. Part 1: Amendments of other Acts of Parliament
  87. 1Companies Act 1985
  88. 2Courts and Legal Services Act 1990
  89. 3Agriculture and Forestry (Financial Provisions) Act 1991
  90. 4Tribunals and Inquiries Act 1992
  91. 5Railways Act 1993
  92. 6Teaching and Higher Education Act 1998
  93. 7Criminal Justice and Police Act 2001
  94. 8Proceeds of Crime Act 2002
  95. 9Income Tax (Earnings and Pensions) Act 2003
  96. 10Consumer Credit Act 2006
  97. 11Companies Act 2006
  98. 12Income Tax Act 2007
  99. 13Legal Services Act 2007
  100. 14Sale of Student Loans Act 2008
  101. 15Counter-Terrorism Act 2008
  102. 16Corporation Tax Act 2009
  103. 17Energy Act 2011
  104. Part 2: Amendments of secondary legislation etc.
  105. 18The Estate Agents (Specified Offences) (No. 2) Order 1991
  106. 19The Education (Student Loans) Regulations (Northern Ireland) 1998
  107. 20The Education (Student Loans) Regulations 1998
  108. 21The Education (Student Support) (Northern Ireland) Order 1998
  109. 22The Representation of the People (England and Wales) Regulations 2001
  110. 23The Representation of the People (Scotland) Regulations 2001
  111. 24The Education (Student Support) Regulations (Northern Ireland) 2002
  112. 25The High Court Enforcement Officers Regulations 2004
  113. 26The Financial Services (Distance Marketing) Regulations 2004
  114. 27The Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No 2) Order 2005
  115. 28The Gender Recognition (Disclosure of Information) (Scotland) Order 2005
  116. 29The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006
  117. 30The Education (Student Loans) (Scotland) Regulations 2007
  118. 31The Money Laundering Regulations 2007
  119. 32Transitional provision in relation to the Money Laundering Regulations 2007
  120. 33The Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007
  121. 34The Graduate Endowment (Scotland) Regulations 2008
  122. 35The Supply of Information (Register of Deaths) (England and Wales) Order 2008
  123. 36The Supply of Information (Register of Deaths) (Northern Ireland) Order 2008
  124. 37The Representation of the People (Northern Ireland) Regulations 2008
  125. 38The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008
  126. 39The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009
  127. 40The Payment Services Regulations 2009
  128. 41The Education (Student Loans) (Repayment) Regulations 2009
  129. 42The Electronic Money Regulations 2011
  130. 43The Debt Arrangement Scheme (Scotland) Regulations 2011
  131. 44The Green Deal Framework (Disclosure, Acknowledgement, Redress etc.) Regulations 2012
  132. 45The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013
  133. Part 3: Amendments of other legislation
  134. 46The Housing (Scotland) Act 2006
  135. Explanatory note