|
| |
|
(2) | In section 145 (restrictions on disclosure of information), in subsection (2)(c), |
| |
for “or the Financial Services Authority” substitute “, the Financial Conduct |
| |
Authority or the Prudential Regulation Authority”. |
| |
(3) | In section 151 (general interpretation), in subsection (1), in the definition of |
| |
“securities”, for “section 74(5)” substitute “section 102A(2)”. |
| 5 |
Pension Schemes Act 1993 (c. 48) |
| |
74 (1) | The Pension Schemes Act 1993 is amended as follows. |
| |
(2) | In section 149 (procedure on an investigation by the Pensions Ombudsman), |
| |
| |
(a) | for paragraph (e) substitute— |
| 10 |
“(e) | the Financial Conduct Authority, |
| |
(ea) | the Prudential Regulation Authority, |
| |
(eb) | the Bank of England,”, and |
| |
(b) | in paragraph (o), for “a body corporate established in accordance |
| |
with paragraph 2(1)” substitute “the body corporate mentioned in |
| 15 |
| |
(3) | In section 158A (disclosures by the Secretary of State), in subsection (1), in |
| |
the Table, for the entry relating to the Financial Services Authority |
| |
| |
| “The Financial Conduct Authority |
| | | 20 | | The Prudential Regulation Authority |
| | | |
|
(4) | In section 180A (insurer and long-term insurance business), in subsection |
| |
(1)(a), for “Part 4” substitute “Part 4A”. |
| |
(5) | In section 185 (duty to consult before making regulations)— |
| |
(a) | in subsection (7), for “the Financial Services Authority” substitute |
| 25 |
“the appropriate regulator”, and |
| |
(b) | after that subsection insert— |
| |
“(7A) | “The appropriate regulator” means— |
| |
(a) | where the group insurance business to which the |
| |
regulations relate consists only of activities which are |
| 30 |
PRA-regulated activities, the Prudential Regulation |
| |
| |
(b) | where the group insurance business to which the |
| |
regulations relate consists partly of activities which |
| |
are PRA-regulated activities and partly of other |
| 35 |
regulated activities, the Prudential Regulation |
| |
Authority and the Financial Conduct Authority, or |
| |
(c) | in any other case, the Financial Conduct Authority. |
| |
(7B) | In subsection (7A) “regulated activities” and “PRA-regulated |
| |
activities” have the same meaning as in the Financial Services |
| 40 |
| |
|
| |
|
| |
|
| |
75 (1) | The Finance Act 1994 is amended as follows. |
| |
(2) | In Schedule 7 (insurance premium tax), in paragraph 28B— |
| |
(a) | in sub-paragraph (1)— |
| |
(i) | for “the Financial Services Authority (“the Authority”)” |
| 5 |
substitute “a regulator”, and |
| |
(ii) | for “assisting the Authority” substitute “assisting the |
| |
| |
(b) | in sub-paragraph (2)— |
| |
(i) | for “the Authority”, in the first place, substitute “a regulator”, |
| 10 |
| |
(ii) | for “the Authority”, in the second place, substitute “the |
| |
| |
(c) | after that sub-paragraph insert— |
| |
“(3) | In this paragraph “regulator” means— |
| 15 |
(a) | the Financial Conduct Authority; |
| |
(b) | the Prudential Regulation Authority.” |
| |
(3) | In Schedule 24 (provisions relating to the Railways Act 1993), in paragraph |
| |
19(7), in the definition of “securities”, for “section 74(5)” substitute “section |
| |
| 20 |
Coal Industry Act 1994 (c. 21) |
| |
76 | In section 59 of the Coal Industry Act 1994 (information to be kept |
| |
confidential), in subsection (3)(b), for “and the Financial Services Authority” |
| |
substitute “, the Financial Conduct Authority and the Prudential Regulation |
| |
| 25 |
Value Added Tax Act 1994 (c. 23) |
| |
77 | In Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: |
| |
groups), in Group 5 (finance), in Note (6), in the definitions of “closed-ended |
| |
collective investment undertaking” and “individually recognised overseas |
| |
scheme”, for “Financial Services Authority” substitute “Financial Conduct |
| 30 |
| |
Pensions Act 1995 (c. 26) |
| |
78 (1) | The Pensions Act 1995 is amended as follows. |
| |
(2) | In section 49 (responsibilities of trustees etc.), in subsection (8A)(a), for “Part |
| |
| 35 |
(3) | In section 172 (information about public service schemes), in subsection |
| |
(1)(a), for “section 150” substitute “section 138D”. |
| |
| |
79 | In section 96 of the Finance Act 1997 (demutualisation of insurance |
| |
companies), in subsection (8), in the definition of “general insurance |
| 40 |
company”, for “Part 4” substitute “Part 4A”. |
| |
|
| |
|
| |
|
Social Security (Recovery of Benefits) Act 1997 (c. 27) |
| |
80 | In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 |
| |
(compensation payments: exempted payments), in paragraph 5(2)(a), for |
| |
“Part 4” substitute “Part 4A”. |
| |
Bank of England Act 1998 (c. 11) |
| 5 |
81 (1) | The Bank of England Act 1998 is amended as follows. |
| |
(2) | In section 17 (power to obtain information), in subsections (3D) and (7)(a), |
| |
for “Part 4” substitute “Part 4A”. |
| |
| |
(a) | section 21 and the italic heading before it; |
| 10 |
| |
(c) | section 24 and the italic heading before it. |
| |
(4) | In Schedule 2 (cash ratio deposits), in paragraph 1(1A)(c), for “Part 4” |
| |
| |
(5) | In Schedule 7 (restriction on disclosure of information), in paragraph 3, in |
| 15 |
| |
(a) | for “Financial Services Authority” substitute “Financial Conduct |
| |
Authority or the Prudential Regulation Authority”, and |
| |
(b) | omit the entry relating to the competent authority for the purposes |
| |
of Part 6 of the Financial Services Act 2000. |
| 20 |
Data Protection Act 1998 (c. 29) |
| |
82 | In Schedule 7 to the Data Protection Act 1998 (miscellaneous exemptions), in |
| |
paragraph 6(3), in the definition of “relevant person”, in paragraph (a), for |
| |
“Part IV” substitute “Part 4A”. |
| |
Terrorism Act 2000 (c. 11) |
| 25 |
83 (1) | The Terrorism Act 2000 is amended as follows. |
| |
(2) | In Part 2 of Schedule 3A (supervisory authorities), in paragraph 4(1)— |
| |
(a) | for paragraph (c) substitute— |
| |
“(c) | the Financial Conduct Authority;”, and |
| |
(b) | after paragraph (e) insert— |
| 30 |
“(ea) | the Prudential Regulation Authority;”. |
| |
(3) | In Schedule 6 (financial information), in paragraph 6(1)(a), for “Part 4” |
| |
| |
Regulation of Investigatory Powers Act 2000 (c. 23) |
| |
84 | In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 |
| 35 |
(relevant authorities), for paragraph 19 substitute— |
| |
“19 | The Financial Conduct Authority. |
| |
19A | The Prudential Regulation Authority.” |
| |
|
| |
|
| |
|
Utilities Act 2000 (c. 27) |
| |
85 | In section 105 of the Utilities Act 2000 (general restriction on disclosure of |
| |
information), in subsection (4)(da), for “or the Financial Services Authority” |
| |
substitute “, the Financial Conduct Authority, the Prudential Regulation |
| |
Authority or the Bank of England”. |
| 5 |
Freedom of Information Act 2000 (c. 36) |
| |
86 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public |
| |
bodies and offices: general)— |
| |
(a) | omit the entry relating to the Financial Services Authority, and |
| |
(b) | at the appropriate place in each case insert— |
| 10 |
“The Financial Conduct Authority;”; |
| |
“The Prudential Regulation Authority;”. |
| |
Criminal Justice and Police Act 2001 (c. 16) |
| |
87 | In section 57 of the Criminal Justice and Police Act 2001 (retention of seized |
| |
items), in subsection (1)(o), for “section 176(8)” substitute “section 176A”. |
| 15 |
Anti-terrorism, Crime and Security Act 2001 (c. 24) |
| |
88 | In Part 5 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 |
| |
(property earmarked as terrorist property), in paragraph 16(6)— |
| |
(a) | for “Financial Services Authority under” substitute “Financial |
| |
Conduct Authority, the Prudential Regulation Authority or the Bank |
| 20 |
of England under or by virtue of”, and |
| |
| |
Proceeds of Crime Act 2002 (c. 29) |
| |
89 (1) | The Proceeds of Crime Act 2002 is amended as follows. |
| |
(2) | In section 282 (exemptions), in subsection (3)— |
| 25 |
(a) | for “Financial Services Authority” substitute “Financial Conduct |
| |
Authority or the Prudential Regulation Authority”, and |
| |
(b) | for “the authority” substitute “it”. |
| |
(3) | In section 308 (general exceptions), in subsection (7)(a)— |
| |
(a) | for “Financial Services Authority under” substitute “Financial |
| 30 |
Conduct Authority, the Prudential Regulation Authority or the Bank |
| |
of England under or by virtue of”, and |
| |
| |
(4) | In Part 2 of Schedule 9 (supervisory authorities), in paragraph 4(1)— |
| |
(a) | for paragraph (c) substitute— |
| 35 |
“(c) | Financial Conduct Authority;” and |
| |
(b) | after paragraph (e) insert— |
| |
“(ea) | Prudential Regulation Authority;”. |
| |
Enterprise Act 2002 (c. 40) |
| |
90 (1) | The Enterprise Act 2002 is amended as follows. |
| 40 |
|
| |
|
| |
|
(2) | In section 213 (enforcers), in subsection (5A)(c), for “Financial Services |
| |
Authority” substitute “Financial Conduct Authority”. |
| |
(3) | In Schedule 14 (specified functions), in the entry relating to the Financial |
| |
Services and Markets Act 2000, for “Chapter 3 of Part 10 and Chapter 2 of |
| |
Part 18” substitute “Chapter 4 of Part 9A”. |
| 5 |
Nationality, Immigration and Asylum Act 2002 (c. 41) |
| |
91 | In section 135 of the Nationality, Immigration and Asylum Act 2002 |
| |
(financial institution to provide information), in subsection (2)(a), for “Part |
| |
| |
Income Tax (Earnings and Pensions) Act 2003 (c. 1) |
| 10 |
92 (1) | The Income Tax (Earnings and Pensions) Act 2003 is amended as follows. |
| |
(2) | In Part 4 of Schedule 2 (approved share incentive plans: types of shares that |
| |
may be awarded), in paragraph 30(3)— |
| |
(a) | for “competent authority for listing” substitute “Financial Conduct |
| |
| 15 |
(b) | for “section 74(4)” substitute “section 73A”. |
| |
(3) | In Part 4 of Schedule 3 (approved SAYE option schemes: applicable shares), |
| |
| |
(a) | for “competent authority for listing” substitute “Financial Conduct |
| |
| 20 |
(b) | for “section 74(4)” substitute “section 73A”. |
| |
(4) | In Part 4 of Schedule 4 (approved CSOP schemes: applicable shares), in |
| |
| |
(a) | for “competent authority for listing” substitute “Financial Conduct |
| |
| 25 |
(b) | for “section 74(4)” substitute “section 73A”. |
| |
| |
93 | In section 63 of the Finance Act 2003 (demutualisation of insurance |
| |
company), in subsection (7), in the definition of “general insurance |
| |
company”, for “Part 4” substitute “Part 4A”. |
| 30 |
Health and Social Care (Community Health and Standards) Act 2003 (c. 43) |
| |
94 | In Schedule 10 to the Health and Social Care (Community Health and |
| |
Standards) Act 2003 (recovery of NHS charges (exempted payments)), in |
| |
paragraph 4(2)(a), for “Part 4” substitute “Part 4A”. |
| |
| 35 |
95 | In Part 1 of Schedule 28 to the Finance Act 2004 (pension rules), in paragraph |
| |
14(3)(a), for Financial Services Authority” substitute “Financial Conduct |
| |
Authority or the Prudential Regulation Authority”. |
| |
|
| |
|
| |
|
| |
96 | In Part 4 of Schedule 20 to the Energy Act 2004 (modifications of Insolvency |
| |
Act 1986), in paragraph 42(3), for “administration applications by Financial |
| |
Services Authority” substitute “administration order”. |
| |
Fire and Rescue Services Act 2004 (c. 21) |
| 5 |
97 | In section 35 of the Fire and Rescue Services Act 2004 (provision of |
| |
information in connection with pensions), in subsection (2)(a), for “section |
| |
150” substitute “section 138D”. |
| |
Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27) |
| |
98 | In section 14 of the Companies (Audit, Investigations and Community |
| 10 |
Enterprise) Act 2004 (supervision of accounts and reports of issuers of listed |
| |
securities), in subsections (2)(b) and (7)(b), for “Financial Services Authority” |
| |
substitute “Financial Conduct Authority”. |
| |
Pensions Act 2004 (c. 35) |
| |
99 (1) | The Pensions Act 2004 is amended as follows. |
| 15 |
(2) | In section 115 (borrowing), in subsection (3), in the definition of “deposit- |
| |
taker”, for “Part 4” substitute “Part 4A”. |
| |
(3) | In Schedule 3 (disclosure of restricted information by the Pensions |
| |
Regulator), in the Table— |
| |
(a) | for the entry relating to the Financial Services Authority substitute— |
| 20 |
| “The Financial Conduct Authority |
| | | | | The Prudential Regulation Authority |
| Any of its functions.”, and |
| | |
|
(b) | in the entry relating to a member of the panel appointed under |
| |
paragraph 4 of Schedule 17 to the Financial Services and Markets Act |
| |
2000, for “established by” substitute “mentioned in”. |
| 25 |
(4) | In Schedule 8 (disclosure of restricted information by the Board of the |
| |
Pension Protection Fund), in the Table— |
| |
(a) | for the entry relating to the Financial Services Authority substitute— |
| |
| “The Financial Conduct Authority |
| | | | | The Prudential Regulation Authority |
| Any of its functions.”, and |
| | 30 |
|
(b) | in the entry relating to a member of the panel appointed under |
| |
paragraph 4 of Schedule 17 to the Financial Services and Markets Act |
| |
2000, for “established by” substitute “mentioned in”. |
| |
|
| |
|
| |
|
Inquiries Act 2005 (c. 12) |
| |
100 | In section 23 of the Inquiries Act 2005 (risk of damage to the economy), in |
| |
subsection (1), for “Financial Services Authority” substitute “Financial |
| |
Conduct Authority, the Prudential Regulation Authority”. |
| |
Serious Organised Crime and Police Act 2005 (c. 15) |
| 5 |
101 (1) | Section 71 of the Serious Organised Crime and Police Act 2005 (immunity |
| |
from prosecution) is amended as follows. |
| |
(2) | In subsection (4), for paragraph (da) substitute— |
| |
“(da) | the Financial Conduct Authority; |
| |
(daa) | the Prudential Regulation Authority; |
| 10 |
(dab) | the Bank of England, where the indictable offence or offence |
| |
triable either way which is being investigated or prosecuted |
| |
is an offence under the Financial Services and Markets Act |
| |
| |
(3) | In subsection (6A), for “Financial Services Authority” substitute “Financial |
| 15 |
Conduct Authority, the Prudential Regulation Authority, the Bank of |
| |
| |
(4) | For subsection (6B) substitute— |
| |
“(6B) | Paragraph 8(1) of Schedule 1ZA and paragraph 16(1) of Schedule |
| |
1ZB to the Financial Services and Markets Act 2000 (arrangements |
| 20 |
for discharging functions) do not apply to the exercise of the powers |
| |
conferred on the Financial Conduct Authority or the Prudential |
| |
Regulation Authority under this Chapter. |
| |
(6BA) | Paragraph 11 of Schedule 1 to the Bank of England Act 1998 (power |
| |
to delegate) does not apply to the exercise of the powers conferred on |
| 25 |
the Bank of England under this Chapter.” |
| |
| |
(a) | for “Financial Services Authority” substitute “Financial Conduct |
| |
Authority, the Prudential Regulation Authority, the Bank of |
| |
| 30 |
(b) | for “either of them” substitute “any of them”. |
| |
Gambling Act 2005 (c. 19) |
| |
102 | In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information: |
| |
enforcement and regulatory bodies)— |
| |
(a) | omit the entry “The Financial Services Authority”, and |
| 35 |
(b) | at the appropriate place in each case insert— |
| |
“The Financial Conduct Authority”; |
| |
“The Prudential Regulation Authority”. |
| |
Finance (No. 2) Act 2005 (c. 22) |
| |
103 | In section 18 of the Finance (No. 2) Act 2005 (regulations under section 17), |
| 40 |
in subsection (3)(a), for “Financial Services Authority” substitute “Financial |
| |
| |
|
| |
|