|
| |
|
7A | The Prudential Regulation Authority. |
| |
| |
43 (1) | Schedule 15D (disclosures) is amended as follows. |
| |
(2) | In paragraph 28 for “Financial Services Authority” substitute “Financial |
| |
Conduct Authority or the Prudential Regulation Authority”. |
| 5 |
(3) | In paragraph 29 for “competent authority” substitute “Financial Conduct |
| |
| |
(4) | In paragraph 43, for paragraph (a) substitute— |
| |
“(a) | a decision of the Financial Conduct Authority; |
| |
(aa) | a decision of the Prudential Regulation Authority;”. |
| 10 |
Trustee Savings Banks Act 1985 (c. 58) |
| |
44 | In Part 3 of Schedule 1 to the Trustee Savings Banks Act 1985 |
| |
(supplementary transfer provisions), in paragraph 11(4A)(a), for “Part 4” |
| |
| |
Administration of Justice Act 1985 (c. 61) |
| 15 |
45 | In section 21 of the Administration of Justice Act 1985 (professional |
| |
indemnity and compensation), in subsection (5)(a), for “Part 4” substitute |
| |
| |
| |
46 | In section 622 of the Housing Act 1985 (minor definitions: general), in |
| 20 |
subsection (1), in the definitions of “authorised deposit taker”, “authorised |
| |
insurer” and “authorised mortgage lender”, for “Part 4” substitute “Part 4A”. |
| |
Insolvency Act 1986 (c. 45) |
| |
47 | The Insolvency Act 1986 is amended as follows. |
| |
48 (1) | Section 4A (approval of proposed voluntary arrangement) is amended as |
| 25 |
| |
(2) | In subsection (5), for “Financial Services Authority” substitute “appropriate |
| |
| |
(3) | After that subsection insert— |
| |
“(5A) | “The appropriate regulator” means— |
| 30 |
(a) | where the regulated company is a PRA-regulated company |
| |
within the meaning of paragraph 44 of Schedule A1, the |
| |
Financial Conduct Authority and the Prudential Regulation |
| |
| |
(b) | in any other case, the Financial Conduct Authority.” |
| 35 |
49 | In section 422 (order relating to formerly authorised banks), in subsection |
| |
| |
(a) | for “Financial Services Authority” substitute “Financial Conduct |
| |
Authority and the Prudential Regulation Authority”, and |
| |
|
| |
|
| |
|
(b) | in paragraph (b), for “Part IV” substitute “Part 4A”. |
| |
50 (1) | Paragraph 44 of Schedule A1 (moratorium where directors propose |
| |
voluntary arrangement; modifications relating to regulated companies) is |
| |
| |
(2) | In sub-paragraphs (2) to (4), for “Authority” substitute “appropriate |
| 5 |
| |
(3) | In sub-paragraph (5)— |
| |
(a) | for “the Authority”, in the first place, substitute “a regulator”, and |
| |
(b) | for “the Authority”, in the second place, substitute “the appropriate |
| |
| 10 |
(4) | In sub-paragraph (6), for “Authority” substitute “appropriate regulator”. |
| |
(5) | In sub-paragraph (7)— |
| |
(a) | for “the Authority”, in the first place, substitute “a regulator”, and |
| |
(b) | for “the Authority”, in the second place, substitute “the appropriate |
| |
| 15 |
(6) | In sub-paragraphs (8) to (11), for “Authority” substitute “appropriate |
| |
| |
(7) | In sub-paragraph (12)— |
| |
(a) | for “the Authority”, in the first place, substitute “a regulator”, and |
| |
(b) | for “the Authority”, in the second place, substitute “the appropriate |
| 20 |
| |
(8) | In sub-paragraph (13), for “Authority” substitute “appropriate regulator”. |
| |
(9) | In sub-paragraph (14)— |
| |
(a) | for “the Authority”, in the first place, substitute “a regulator”, and |
| |
(b) | for “the Authority”, in the second place, substitute “the appropriate |
| 25 |
| |
(10) | In sub-paragraph (15), for “Authority” substitute “appropriate regulator”. |
| |
(11) | In sub-paragraph (16)— |
| |
(a) | for “the Authority”, in the first place, substitute “a regulator”, and |
| |
(b) | for “the Authority”, in the second place, substitute “the appropriate |
| 30 |
| |
(12) | After sub-paragraph (16) insert— |
| |
“(16A) | If either regulator makes an application to the court under any of |
| |
the provisions mentioned in sub-paragraphs (5), (7), (12), (14) or |
| |
(16) in relation to a PRA-regulated company, the other regulator is |
| 35 |
entitled to be heard on the application.” |
| |
(13) | In sub-paragraph (17), for “Authority” substitute “appropriate regulator”. |
| |
(14) | After sub-paragraph (17) insert— |
| |
“(17A) | “The appropriate regulator” means— |
| |
(a) | for the purposes of sub-paragraphs (2) to (8) and (10) to |
| 40 |
| |
|
| |
|
| |
|
(i) | where the regulated company is a PRA-regulated |
| |
company, each of the Financial Conduct Authority |
| |
and the Prudential Regulation Authority, and |
| |
(ii) | in any other case, the Financial Conduct Authority; |
| |
(b) | for the purposes of sub-paragraph (9)— |
| 5 |
(i) | where the regulated company is a PRA-regulated |
| |
company, the Financial Conduct Authority or the |
| |
Prudential Regulation Authority, and |
| |
(ii) | in any other case, the Financial Conduct |
| |
| 10 |
(15) | In sub-paragraph (18)— |
| |
(a) | for the definition of “the Authority” and the “and” following it |
| |
| |
““PRA-authorised person” has the meaning given by |
| |
section 2B(5) of the Financial Services and Markets |
| 15 |
| |
“PRA-regulated activity” has the meaning given by |
| |
section 22A of the Financial Services and Markets Act |
| |
| |
“PRA-regulated company” means a regulated company |
| 20 |
| |
(a) | is, or has been, a PRA-authorised person, |
| |
(b) | is, or has been, an appointed representative |
| |
within the meaning given by section 39 of the |
| |
the Financial Services and Markets Act 2000, |
| 25 |
whose principal (or one of whose principals) |
| |
is, or was, a PRA-authorised person, or |
| |
(c) | is carrying on, or has carried on, a PRA- |
| |
regulated activity in contravention of the |
| |
| 30 |
(b) | after the definition of “regulated company” insert— |
| |
““regulator” means the Financial Conduct Authority or the |
| |
Prudential Regulation Authority.” |
| |
(16) | In the italic heading, for “Financial Services Authority” substitute “Financial |
| |
Conduct Authority and Prudential Regulation Authority”. |
| 35 |
51 (1) | Schedule B1 (administration) is amended as follows. |
| |
(2) | In paragraph 40 (dismissal of pending winding-up petition), in sub- |
| |
paragraph (2)(b), for “Financial Services Authority” substitute “Financial |
| |
Conduct Authority or Prudential Regulation Authority”. |
| |
(3) | In paragraph 42 (moratorium on insolvency proceedings), in sub-paragraph |
| 40 |
(4)(b), for “Financial Services Authority” substitute “Financial Conduct |
| |
Authority or Prudential Regulation Authority”. |
| |
(4) | In paragraph 82 (public interest winding-up), in sub-paragraph (1)(b), for |
| |
“Financial Services Authority” substitute “Financial Conduct Authority or |
| |
Prudential Regulation Authority”. |
| 45 |
|
| |
|
| |
|
Debtors (Scotland) Act 1987 (c. 18) |
| |
52 | In section 73F of the Debtors (Scotland) Act 1987 (protection of minimum |
| |
balance in bank accounts), in subsection (5)(b), for “Part 4” substitute “Part |
| |
| |
Housing (Scotland) Act 1987 (c. 26) |
| 5 |
53 | In section 338 of the Housing (Scotland) Act 1987 (interpretation), in |
| |
| |
(a) | in the definition of “bank”, for “Part 4” substitute “Part 4A”, and |
| |
(b) | in the definition of “insurance company” for “Part 4” substitute “Part |
| |
| 10 |
Income and Corporation Taxes Act 1988 (c. 1) |
| |
54 (1) | The Income and Corporation Taxes Act 1988 is amended as follows. |
| |
(2) | In section 266 (life assurance premiums), in subsection (2)(a)(i), for “Part 4” |
| |
| |
(3) | In section 376 (qualifying borrowers and qualifying lenders), in subsection |
| 15 |
(4)(e), for “Part 4” substitute “Part 4A”. |
| |
(4) | In section 376A (the register of qualifying lenders), in subsection (1A)(a), for |
| |
“Part 4” substitute “Part 4A”. |
| |
(5) | In section 431 (interpretation: insurance companies), in subsection (2), in the |
| |
definition of “insurance company”, for “Part 4” substitute “Part 4A”. |
| 20 |
(6) | In section 444AB (transfer schemes)— |
| |
(a) | in subsection (2)(b), for “Part 4” substitute “Part 4A”, and |
| |
(b) | in subsection (2A)(b), for “Part 4” substitute “Part 4A”. |
| |
Access to Medical Reports Act 1988 (c. 28) |
| |
55 | In section 2 of the Access to Medical Reports Act 1988 (interpretation), in |
| 25 |
subsection (1), in the definition of “insurer”, for “Part 4” substitute “Part 4A”. |
| |
Road Traffic Act 1988 (c. 52) |
| |
56 | In section 95 of the Road Traffic Act 1988 (notification of refusal of insurance |
| |
on grounds of health), in subsection (3)(a), for “Part 4” substitute “Part 4A”. |
| |
| 30 |
57 | In section 174 of the Water Act 1989 (restriction on disclosure of |
| |
information), in subsection (2)(e), for “or the Financial Services Authority” |
| |
substitute “, the Financial Conduct Authority, the Prudential Regulation |
| |
Authority or the Bank of England”. |
| |
Companies Act 1989 (c. 40) |
| 35 |
58 | The Companies Act 1989 is amended as follows. |
| |
|
| |
|
| |
|
59 (1) | Section 82 (request for assistance by overseas regulatory authority) is |
| |
| |
(2) | In subsection (2)(a)— |
| |
(a) | in sub-paragraph (ii), for “Financial Services Authority” substitute |
| |
“FCA, the PRA or the Bank of England”, and |
| 5 |
(b) | omit sub-paragraph (iii). |
| |
(3) | In subsection (3), for “Financial Services Authority” substitute |
| |
“corresponding UK regulator (if any)”. |
| |
(4) | After that subsection insert— |
| |
“(3A) | In subsection (3), “the corresponding UK regulator” means such one |
| 10 |
or more of the FCA, PRA and the Bank of England as appears to the |
| |
Secretary of State to exercise functions corresponding to the |
| |
regulatory functions for the purposes of which the request is made.” |
| |
| |
(a) | for “Financial Services Authority”, in the first place, substitute “FCA |
| 15 |
| |
(b) | for “Financial Services Authority”, in the second place, substitute |
| |
| |
(c) | for “the Authority” substitute “the body giving the notification”. |
| |
60 (1) | Section 87 (exceptions from restrictions on disclosure) is amended as |
| 20 |
| |
(2) | In subsection (2)(b), for sub-paragraph (i) substitute— |
| |
“(i) | a decision of the FCA; |
| |
(iia) | a decision of the PRA;” |
| |
(3) | In subsection (4), in the Table, in the entry relating to the Financial Services |
| 25 |
Authority, for “The Financial Services Authority” substitute “The FCA or the |
| |
| |
61 (1) | Section 157 (change in default rules) is amended as follows. |
| |
| |
(a) | for “Authority”, in the first place, substitute “appropriate regulator”, |
| 30 |
| |
(b) | for “Authority”, in the second place, substitute “the regulator”. |
| |
| |
“(4) | “The appropriate regulator”— |
| |
(a) | in relation to a recognised UK investment exchange, means |
| 35 |
| |
(b) | in relation to a recognised UK clearing house, means the |
| |
| |
62 (1) | Section 162 (duty to report on completion of default proceedings) is |
| |
| 40 |
(2) | In subsections (1) and (1A), for “Authority” substitute “appropriate |
| |
| |
(3) | In subsection (4), for “Authority” substitute “appropriate regulator”. |
| |
|
| |
|
| |
|
| |
“(7) | “The appropriate regulator”— |
| |
(a) | in relation to a recognised investment exchange or a |
| |
recognised overseas investment exchange, means the FCA, |
| |
| 5 |
(b) | in relation to a recognised clearing house or a recognised |
| |
overseas clearing house, means the Bank of England.” |
| |
63 (1) | Section 167 (application to determine whether default proceedings to be |
| |
taken) is amended as follows. |
| |
(2) | In subsections (1B), (3) (in both places), (4) and (5) (in both places), for |
| 10 |
“Authority” substitute “appropriate regulator”. |
| |
| |
“(6) | “The appropriate regulator”— |
| |
(a) | in relation to a responsible investment exchange, means the |
| |
| 15 |
(b) | in relation to a responsible clearing house, means the Bank of |
| |
| |
64 (1) | Section 169 (supplementary provisions) is amended as follows. |
| |
(2) | In subsection (3A), for paragraph (b) and the “and” before it, substitute— |
| |
“(b) | in the case of a UK investment exchange, the FCA, and |
| 20 |
(c) | in the case of a UK clearing house, the Bank of England.” |
| |
(3) | In subsection (5), for “or the Authority” substitute “, the FCA or the Bank of |
| |
| |
65 (1) | Section 176 (power to make provision about certain charges) is amended as |
| |
| 25 |
| |
(a) | in paragraph (b), for “Authority” substitute “Bank of England”, and |
| |
(b) | in paragraph (d), for “Part 4” substitute “Part 4A”. |
| |
| |
(a) | for “Authority”, in the first place, substitute “Bank of England”, and |
| 30 |
(b) | for “Authority”, in the second place, substitute “FCA”. |
| |
66 (1) | Section 190 (minor definitions) is amended as follows. |
| |
(2) | Omit the definition of “the Authority”. |
| |
(3) | After the definition of “charge” insert— |
| |
““the FCA” means the Financial Conduct Authority;”. |
| 35 |
(4) | After the definition of “overseas” insert— |
| |
““the PRA” means the Prudential Regulation Authority;”. |
| |
67 (1) | Section 191 (index of defined expressions) is amended as follows. |
| |
(2) | Omit the entry relating to “the Authority”. |
| |
(3) | After the entry relating to “designated non-member” insert— |
| 40 |
|
| |
|
| |
|
|
(4) | After the entry relating to “permanent trustee” insert— |
| |
|
Water Industry Act 1991 (c. 56) |
| |
68 | In section 206 of the Water Industry Act 1991 (restriction on disclosure of |
| 5 |
information), in subsection (3)(e), for “or the Financial Services Authority” |
| |
substitute “, the Financial Conduct Authority, the Prudential Regulation |
| |
Authority or the Bank of England”. |
| |
Water Resources Act 1991 (c. 57) |
| |
69 | In section 204 of the Water Resources Act 1991 (restriction on disclosure of |
| 10 |
information), in subsection (2)(e), for “or the Financial Services Authority” |
| |
substitute “, the Financial Conduct Authority, the Prudential Regulation |
| |
Authority or the Bank of England”. |
| |
Social Security Administration Act 1992 (c. 5) |
| |
70 (1) | The Social Security Administration Act 1992 is amended as follows. |
| 15 |
(2) | In section 15A (payment out of benefit of sums in respect of mortgage |
| |
interest), in subsection (4), in the definitions of “deposit taker” and “insurer”, |
| |
for “Part 4” substitute “Part 4A”. |
| |
(3) | In section 109B (power to require information), in subsection (7), in the |
| |
definitions of “bank” and “insurer”, for “Part IV” substitute “Part 4A”. |
| 20 |
Judicial Pensions and Retirement Act 1993 (c. 8) |
| |
71 (1) | The Judicial Pensions and Retirement Act 1993 is amended as follows. |
| |
(2) | In section 10 (additional benefits from voluntary contributions), in |
| |
subsection (8), in the definitions of “authorised provider” and “insurer”, for |
| |
“Part 4” substitute “Part 4A”. |
| 25 |
(3) | In Part 1 of Schedule 2 (transfer of accrued benefits: interpretation), in |
| |
paragraph 1, in the definition of “authorised insurer”, for “Part 4” substitute |
| |
| |
Criminal Justice Act 1993 (c. 36) |
| |
72 | In Schedule 1 to the Criminal Justice Act 1993 (special defences), in |
| 30 |
paragraph 5(2), for “section 144(1)” substitute “section 137O”. |
| |
Railways Act 1993 (c. 43) |
| |
73 (1) | The Railways Act 1993 is amended as follows. |
| |
|
| |
|