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