Financial Services Act 2012
Financial Services Act 2012 (2012 c. 21)
- Financial Services Act 2012 (2012 c. 21)
- PART 1 Bank of England
- 1 Deputy Governors
- 2 The Bank's financial stability objective
- 3 Oversight Committee
- 4 Financial stability strategy and Financial Policy Committee
- 5 Further amendments relating to Bank of England
- PART 2 Amendments of Financial Services and Markets Act 2000
- Financial Conduct Authority and Prudential Regulation Authority
- 6 The new Regulators
- Regulated activities
- 7 Extension of scope of regulation
- 8 Orders under section 22 of FSMA 2000
- 9 Designation of activities requiring prudential regulation by PRA
- Appointed representatives
- 10 Appointed representatives
- Permission to carry on regulated activities
- 11 Permission to carry on regulated activities
- Passporting
- 12 Passporting: exercise of EEA rights and Treaty rights
- Performance of regulated activities
- 13 Prohibition orders
- 14 Approval for particular arrangements
- 15 Further amendments relating to performance of regulated activities
- Official listing
- 16 FCA to exercise functions under Part 6 of FSMA 2000
- 17 Discontinuance or suspension at the request of the issuer: procedure
- 18 Listing rules: disciplinary powers in relation to sponsors
- 19 Primary information providers
- 20 Penalties for breach of Part 6 rules
- 21 Repeal of competition scrutiny power
- Control of business transfers
- 22 Control of business transfers
- Hearings and appeals
- 23 Proceedings before Tribunal
- Rules and guidance
- 24 Rules and guidance
- Short selling
- 25 Functions relating to short selling
- Control over authorised persons
- 26 Control over authorised persons
- 27 Powers of regulators in relation to parent undertakings
- Recognised investment exchanges and clearing houses
- 28 Exemption for recognised investment exchanges and clearing houses
- 29 Powers in relation to recognised investment exchanges and clearing houses
- 30 Recognition requirements: power of FCA and Bank to make rules
- 31 Additional power to direct UK clearing houses
- 32 Recognised bodies: procedure for giving directions under s.296 etc
- 33 Power to take disciplinary measures against recognised bodies
- 34 Repeal of special competition regime
- 35 Sections 28 to 34: minor and consequential amendments
- Suspension and removal of financial instruments from trading
- 36 Suspension and removal of financial instruments from trading
- Discipline and enforcement
- 37 Discipline and enforcement
- Financial Services Compensation Scheme
- 38 The Financial Services Compensation Scheme
- Financial ombudsman service
- 39 The financial ombudsman service
- Lloyd's
- 40 Lloyd's
- Information
- 41 Information, investigations, disclosure etc.
- Auditors and actuaries
- 42 Auditors and actuaries
- Consumer protection and competition
- 43 Provisions about consumer protection and competition
- Insolvency
- 44 Insolvency
- Miscellaneous amendments of FSMA 2000
- 45 The consumer financial education body
- 46 Members of the professions
- 47 International obligations
- 48 Interpretation of FSMA 2000
- 49 Parliamentary control of statutory instruments
- PART 3 Mutual societies
- Transfer of functions
- 50 Mutual societies: power to transfer functions
- 51 Further provision that may be included in orders under section 50
- 52 Power to apply or disapply provision made by or under FSMA 2000
- 53 Evidence
- 54 Repeals in Part 21 of FSMA 2000
- Building societies: miscellaneous
- 55 Building societies: creation of floating charges
- 56 Power to direct transfer of building society's business
- Interpretation
- 57 Interpretation of Part 3
- PART 4 Collaboration between Treasury and Bank of England, FCA or PRA
- 57A Duty of Bank to provide information required by Treasury
- 57B Duty of Bank to inform Treasury about resolution plans
- 58 Duty of Bank to notify Treasury of possible need for public funds
- 59 Duty of Bank to notify Treasury of changes
- 60 Circumstances in which Treasury power of direction exercisable
- 61 Treasury power of direction
- 62 Directions under section 61: supplementary provisions
- 63 Duty to lay direction etc before Parliament
- 64 Duty of Treasury, Bank and PRA to co-ordinate discharge of functions
- 65 Memorandum of understanding: resolution planning and crisis management
- 66 Memorandum of understanding: international organisations
- 67 Interpretation of Part 4
- PART 5 Inquiries and investigations
- Inquiries
- 68 Cases in which Treasury may arrange independent inquiries
- 69 Power to appoint person to hold an inquiry
- 70 Powers of appointed person and procedure
- 71 Conclusion of inquiry
- 72 Obstruction and contempt
- Investigations
- 73 Duty of FCA to investigate and report on possible regulatory failure
- 74 Duty of PRA to investigate and report on possible regulatory failure
- 75 Interpretation of section 74
- 76 Modification of section 74 in relation to Lloyd's
- 76A Duty of Payment Systems Regulator to investigate and report on possible regulatory failure
- 77 Power of Treasury to require regulator to undertake investigation
- 78 Conduct of investigation
- 79 Conclusion of investigation
- 80 Statements of policy
- 81 Publication of directions
- Publication of reports
- 82 Publication of reports of inquiries and investigations
- Supplementary
- 83 Interpretation and supplementary provision
- PART 6 Investigation of complaints against regulators
- 84 Arrangements for the investigation of complaints
- 85 Relevant functions in relation to complaints scheme
- 86 Consultation in relation to, and publication of, complaints scheme
- 87 Investigation of complaints
- 88 Exemption from liability in damages
- PART 7 Offences relating to financial services
- 89 Misleading statements
- 90 Misleading impressions
- 91 Misleading statements etc in relation to benchmarks
- 92 Penalties
- 93 Interpretation of Part 7
- 94 Affirmative procedure for certain orders
- 95 Consequential repeal
- PART 8 Amendments of Banking Act 2009
- Special resolution regime and bank administration
- 96 Objectives and conditions
- 97 Private sector purchasers
- 98 Property transfer instruments: property held on trust
- 99 Reports following exercise of a stabilisation power
- 100 Groups
- 101 Application to investment firms
- 102 Application to UK clearing houses
- 103 State aid
- Inter-bank payment systems
- 104 Inter-bank payment systems
- 105 International obligations
- Further amendments
- 106 Amendments relating to new regulators
- PART 9 Miscellaneous
- Consumer credit
- 107 Power to make further provision about regulation of consumer credit
- 108 Suspension of licences under Part 3 of Consumer Credit Act 1974
- Penalties received by Financial Services Authority or Bank of England
- 109 Payment to Treasury of penalties received by Financial Services Authority
- 110 Payment to Treasury of penalties received by Bank of England
- Amendments of Companies Act 1989
- 111 Amendments of Companies Act 1989
- Settlement systems
- 112 Evidencing and transfer of title to securities without written instrument
- Director of Savings
- 113 Provision of services by Director of Savings
- PART 10 General
- Further amendments and repeals
- 114 Further minor and consequential amendments and repeals
- Orders
- 115 Orders: general
- 116 Orders: Parliamentary control
- Interpretation
- 117 Interpretation
- Consequential and transitional provisions
- 118 Power to make further consequential amendments etc
- 119 Transitional provisions and savings
- Final provisions
- 120 Financial provision
- 121 Extent
- 122 Commencement
- 123 Short title
- SCHEDULES
- SCHEDULE 1 Bank of England Financial Policy Committee
- PART 1 Schedule to be inserted as Schedule 2A to Bank of England Act 1998
- PART 2 Other amendments relating to Financial Policy Committee
- Bank of England Act 1998 (c. 11)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- SCHEDULE 2 Further amendments relating to Bank of England
- Court of directors
- Monetary Policy Committee
- Immunity
- Changes in terminology
- SCHEDULE 3 Financial Conduct Authority and Prudential Regulation Authority: Schedules to be substituted as Schedules 1ZA and 1ZB to FSMA 2000
- SCHEDULE 4 EEA passport rights and treaty rights
- PART 1 Amendments of Schedule 3 to FSMA 2000: EEA passport rights
- Introductory
- Exercise of passport rights by EEA firms
- Exercise of passport rights by UK firms
- PART 2 Amendments of Schedule 4 to FSMA 2000: Treaty rights
- PART 3 Amendments of sections 34 and 35 of FSMA 2000: EEA firms and Treaty firms
- PART 4 Amendments of Part 13 of FSMA 2000: Powers of intervention
- SCHEDULE 5 Performance of regulated activities
- SCHEDULE 6 Control of business transfers
- SCHEDULE 7 Application of provisions of FSMA 2000 to Bank of England etc
- SCHEDULE 8 Sections 28 to 34: minor and consequential amendments
- SCHEDULE 9 Discipline and enforcement
- PART 1 Introductory
- PART 2 Authorised persons acting without permission
- PART 3 Market abuse
- PART 4 Disciplinary measures
- PART 5 Injunctions and restitution
- PART 6 Notice procedures
- PART 7 Offences
- PART 8 Co-operation
- SCHEDULE 10 The Financial Services Compensation Scheme
- SCHEDULE 11 The financial ombudsman service
- SCHEDULE 12 Amendments of Parts 11 and 23 of FSMA 2000
- PART 1 Part 11 of FSMA 2000: information gathering and investigations
- PART 2 Part 23 of FSMA 2000: public record, disclosure of information and co-operation
- SCHEDULE 13 Auditors and actuaries
- SCHEDULE 14 Amendments of Part 24 of FSMA 2000: insolvency
- SCHEDULE 15 The consumer financial education body
- SCHEDULE 16 Provision of financial services by members of the professions
- SCHEDULE 17 Amendments of Banking Act 2009 related to Part 2 of this Act
- PART 1 Amendments of Part 1 of the Act
- PART 2 Amendments of Part 2 of the Act
- PART 3 Amendments of Part 3 to the Act
- PART 4 Amendments of Parts 4 to 6 of the Act
- SCHEDULE 18 Further minor and consequential amendments
- PART 1 Amendments of FSMA 2000
- PART 2 Amendments of other Acts of Parliament
- Bankers' Books Evidence Act 1879 (c. 11)
- Agricultural Credits Act 1928 (c. 43)
- Agricultural Credits (Scotland) Act 1929 (19 & 20 Geo. 5 c. 13)
- Fire Services Act 1947 (c. 41)
- Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- Theft Act 1968 (c. 60)
- Decimal Currency Act 1969 (c. 19)
- Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
- Superannuation Act 1972 (c. 11)
- Employment Agencies Act 1973 (c. 35)
- Consumer Credit Act 1974 (c. 39)
- Solicitors Act 1974 (c. 47)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- Police Pensions Act 1976 (c. 35)
- Judicial Pensions Act 1981 (c. 20)
- Lloyd's Act 1982 (c. xiv)
- Inheritance Tax Act 1984 (c. 51)
- Companies Act 1985 (c. 6)
- Trustee Savings Banks Act 1985 (c. 58)
- Administration of Justice Act 1985 (c. 61)
- Housing Act 1985 (c. 68)
- Insolvency Act 1986 (c. 45)
- Debtors (Scotland) Act 1987 (c. 18)
- Housing (Scotland) Act 1987 (c. 26)
- Income and Corporation Taxes Act 1988 (c. 1)
- Access to Medical Reports Act 1988 (c. 28)
- Road Traffic Act 1988 (c. 52)
- Water Act 1989 (c. 15)
- Companies Act 1989 (c. 40)
- Water Industry Act 1991 (c. 56)
- Water Resources Act 1991 (c. 57)
- Social Security Administration Act 1992 (c. 5)
- Judicial Pensions and Retirement Act 1993 (c. 8)
- Criminal Justice Act 1993 (c. 36)
- Railways Act 1993 (c. 43)
- Pension Schemes Act 1993 (c. 48)
- Finance Act 1994 (c. 9)
- Coal Industry Act 1994 (c. 21)
- Value Added Tax Act 1994 (c. 23)
- Pensions Act 1995 (c. 26)
- Finance Act 1997 (c. 16)
- Social Security (Recovery of Benefits) Act 1997 (c. 27)
- Bank of England Act 1998 (c. 11)
- Data Protection Act 1998 (c. 29)
- Terrorism Act 2000 (c. 11)
- Regulation of Investigatory Powers Act 2000 (c. 23)
- Utilities Act 2000 (c. 27)
- Trustee Act 2000 (c. 29)
- Freedom of Information Act 2000 (c. 36)
- Criminal Justice and Police Act 2001 (c. 16)
- Anti-terrorism, Crime and Security Act 2001 (c. 24)
- Proceeds of Crime Act 2002 (c. 29)
- Enterprise Act 2002 (c. 40)
- Nationality, Immigration and Asylum Act 2002 (c. 41)
- Income Tax (Earnings and Pensions) Act 2003 (c. 1)
- Finance Act 2003 (c. 14)
- Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
- Finance Act 2004 (c. 12)
- Energy Act 2004 (c. 20)
- Fire and Rescue Services Act 2004 (c. 21)
- Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)
- Pensions Act 2004 (c. 35)
- Inquiries Act 2005 (c. 12)
- Serious Organised Crime and Police Act 2005 (c. 15)
- Gambling Act 2005 (c. 19)
- Finance (No. 2) Act 2005 (c. 22)
- Compensation Act 2006 (c. 29)
- Companies Act 2006 (c. 46)
- Legal Services Act 2007 (c. 29)
- Regulatory Enforcement and Sanctions Act 2008 (c. 13)
- Counter-Terrorism Act 2008 (c. 28)
- Dormant Bank and Building Society Accounts Act 2008 (c. 31)
- Corporation Tax Act 2010 (c. 4)
- Finance Act 2010 (c. 13)
- Equality Act 2010 (c. 15)
- Terrorist Asset-Freezing etc. Act 2010 (c. 38)
- Postal Services Act 2011 (c. 5)
- Finance Act 2011 (c. 11)
- Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
- Charities Act 2011 (c. 25)
- Health and Social Care Act 2012 (c. 7)
- Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
- PART 3 Amendments of Acts of the Scottish Parliament
- Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
- Housing (Scotland) Act 2006 (asp 1)
- PART 4 Amendments of Northern Ireland legislation
- County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))
- District Judges (Magistrates' Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))
- Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))
- PART 5 Amendment of Measure of the National Assembly for Wales
- Welsh Language (Wales) Measure 2011 (nawm 1)
- SCHEDULE 19 Repeals
- SCHEDULE 20 Transitional provisions
- Interpretation
- References in this Act to FCA or Financial Services Authority
- Interpretation of documents referring to the Financial Services Authority
- Renaming of companies as Financial Conduct Authority and Prudential Regulation Authority
- Threshold conditions
- Consultation
- Information
- Postal Services Act 2000
- SCHEDULE 21 Transfer schemes
- PART 1 Property, rights and liabilities of Financial Services Authority
- Interpretation
- Transfer schemes
- PART 2 Property, rights and liabilities of Office of Fair Trading
- Interpretation
- Transfer schemes
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