SCHEDULE 18 continued PART 2 continued
Contents page 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-284 285-289 290-299 300-308 310-313 Last page
Financial Services BillPage 300
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”.
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”.
98
10In section 14 of the Companies (Audit, Investigations and Community
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”.
99 (1) 15The Pensions Act 2004 is amended as follows.
(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) 20for the entry relating to the Financial Services Authority substitute—
“The Financial Conduct Authority | Any of its functions. |
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
252000, for “established by” substitute “mentioned in”.
(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 | Any of its functions. |
The Prudential Regulation Authority | 30Any 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”.
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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”.
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) 10the Prudential Regulation Authority;
(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
2000;”.
(3)
15In subsection (6A), for “Financial Services Authority” substitute “Financial
Conduct Authority, the Prudential Regulation Authority, the Bank of
England”.
(4) For subsection (6B) substitute—
“(6B)
Paragraph 8(1) of Schedule 1ZA and paragraph 16(1) of Schedule
201ZB to the Financial Services and Markets Act 2000 (arrangements
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
25to delegate) does not apply to the exercise of the powers conferred on
the Bank of England under this Chapter.”
(5) In subsection (6C)—
(a)
for “Financial Services Authority” substitute “Financial Conduct
Authority, the Prudential Regulation Authority, the Bank of
30England”, and
(b) for “either of them” substitute “any of them”.
102
In Part 2 of Schedule 6 to the Gambling Act 2005 (exchange of information:
enforcement and regulatory bodies)—
(a) 35omit the entry “The Financial Services Authority”, and
(b) at the appropriate place in each case insert—
“The Financial Conduct Authority”;
“The Prudential Regulation Authority”.
103
40In section 18 of the Finance (No. 2) Act 2005 (regulations under section 17),
in subsection (3)(a), for “Financial Services Authority” substitute “Financial
Conduct Authority”.
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104
(1)
Section 3 of the Compensation Act 2006 (mesothelioma: damages) is
amended as follows.
(2) In subsection (8)—
(a) 5omit paragraph (a), and
(b)
in paragraph (f), for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
Authority”.
(3) Omit subsection (9).
105 The Companies Act 2006 is amended as follows.
106
In section 384 (companies excluded from small companies regime), in
subsection (2)(c), for “Part 4” substitute “Part 4A”.
107
(1)
Section 461 (permitted disclosure of information obtained under
15compulsory powers) is amended as follows.
(2) In subsection (3), for paragraph (e) and the “or” following it, substitute—
“(e) the Financial Conduct Authority,
(ea) the Prudential Regulation Authority, or”.
(3)
In subsection (4)(g), for “Financial Services Authority” substitute “Financial
20Conduct Authority or the Prudential Regulation Authority”.
108
In section 467 (companies excluded from being treated as medium-sized), in
subsection (1)(b)(i) and (2)(c), for “Part 4” substitute “Part 4A”.
109
In section 470 (power to apply provisions to banking partnerships), in
subsection (2), for “Part 4” substitute “Part 4A”.
110
25In section 474 (definitions), in subsection (1), in the definition of “e-money
issuer”, for “Part 4” substitute “Part 4A”.
111
In section 539 (definitions), in subsection (1), in the definition of “e-money
issuer”, for “Part 4” substitute “Part 4A”.
112
(1)
Section 843 (realised profits and losses of long-term insurance business) is
30amended as follows.
(2) In subsection (2)(b), for “section 142(2)” substitute “Part 9A”.
(3) In subsection (6)(a), for “Part 10” substitute “Part 9A”.
113 In section 948 (restrictions on disclosure), in subsection (7)—
(a) for paragraph (a) substitute—
“(a) 35the Financial Conduct Authority;
(aa) the Prudential Regulation Authority;
(ab) the Bank of England;”, and
(b)
in paragraph (c), for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
40Authority or similar to the regulatory functions of the Bank of
England”.
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114 In section 950 (Panel on Takeovers and Mergers: duty of co-operation)—
(a) for paragraph (a) substitute—
“(a) the Financial Conduct Authority;
(aa) the Prudential Regulation Authority;
(ab) 5the Bank of England;”, and
(b)
in paragraph (c), for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
Authority or similar to the regulatory functions of the Bank of
England”.
115 10In section 995 (petition by Secretary of State), in subsection (1)—
(a)
in paragraph (c), for “or the Financial Services Authority” substitute
“, the Financial Conduct Authority, the Prudential Regulation
Authority or the Bank of England”, and
(b)
in paragraph (d), for “or the Financial Services Authority” substitute
15“, the Financial Conduct Authority, the Prudential Regulation
Authority or the Bank of England”.
116
In section 1164 (meaning of “banking company” and “banking group”), in
subsection (2), for “Part 4” substitute “Part 4A”.
117
In section 1165 (meaning of “insurance company” etc.), in subsection (2), for
20“Part 4” substitute “Part 4A”.
118
(1)
Schedule 2 (specified persons and descriptions of disclosure for the
purposes of section 948) is amended as follows.
(2) In Part 1, in section (A) (United Kingdom), for paragraph 5 substitute—
“5 The Financial Conduct Authority.
5A 25The Prudential Regulation Authority.”
(3) In Part 2, in section (A) (United Kingdom)—
(a)
in paragraph 11, for “paragraph 7 of Schedule 1 to the Financial
Services and Markets Act 2000” substitute “section 79 of the Financial
Services Act 2012”,
(b)
30in paragraph 12, for “section 15 of the Financial Services and Markets
Act 2000” substitute “section 65 of the Financial Services Act 2012”,
(c)
in paragraph 37, for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
Authority”,
(d) 35in paragraph 49, for paragraph (a) substitute—
“(a) a decision of the Financial Conduct Authority;
(aa)
a decision of the Prudential Regulation
Authority;”.
(4)
In Part 3, in paragraph 1(2), for “Financial Services Authority” substitute
40“Financial Conduct Authority or the Prudential Regulation Authority or
similar to the regulatory functions of the Bank of England”.
119
(1)
Schedule 11A (specified persons, description, disclosures etc. for the
purposes of section 1224A) is amended as follows.
(2) In Part 1, for paragraph 5 substitute—
“5 45The Financial Conduct Authority.
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5A The Prudential Regulation Authority.”
(3) In Part 2—
(a)
in paragraph 28, for “paragraph 7 of Schedule 1 to the Financial
Services and Markets Act 2000” substitute “section 79 of the Financial
5Services Act 2012”,
(b)
in paragraph 29, for “section 15 of the Financial Services and Markets
Act 2000” substitute “section 65 of the Financial Services Act 2012”,
(c)
in paragraph 52, for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
10Authority”, and
(d) in paragraph 71, for paragraph (a) substitute—
“(a) a decision of the Financial Conduct Authority;
(aa)
a decision of the Prudential Regulation
Authority;”.
120 (1) The Legal Services Act 2007 is amended as follows.
(2)
In section 64 (modification of functions of the Legal Services Board), in
subsection (5), in the definition of “authorised insurer”, for “Part 4”
substitute “Part 4A”.
(3)
20In section 169 (disclosure of information to the Legal Services Board), for
subsection (5)(f) substitute—
“(f) the Financial Conduct Authority;
(g) the Prudential Regulation Authority;
(h) the Bank of England.”
(4)
25In section 195 (application of the Legal Profession and Legal Aid (Scotland)
Act 2007), in subsection (2)(e), for “Financial Services Authority” substitute
“Financial Conduct Authority”.
121
In Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008
30(Designated Regulators)—
(a)
for “Financial Services Authority” substitute “Financial Conduct
Authority”, and
(b) after the entry for the Pensions Regulator insert—
“Prudential Regulation Authority”.
122
(1)
Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and
money laundering) is amended as follows.
(2) In Part 5 (enforcement: information powers)—
(a) in paragraph 18(1), for paragraph (a) substitute—
“(a)
40The Financial Conduct Authority (“the
FCA”),
(b) in paragraph 18(2), in both places, for “FSA” substitute “FCA”, and
(c) in paragraph 21(7), for “FSA” substitute “FCA”.
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(3) In Part 6 (enforcement: civil penalties)—
(a) in paragraph 27(1), for “FSA” substitute “FCA”, and
(b) in paragraph 28(1), for “FSA” substitute “FCA”.
(4) In Part 7 (enforcement: offences)—
(a)
5in paragraph 33, in sub-paragraphs (1)(a) and (2)(a), for “FSA”
substitute “FCA”, and
(b) in sub-paragraph (3) omit “by FSA”.
(5) In Part 8 (supplemental)—
(a) in paragraph 39(2)(a) for “FSA” substitute “FCA”, and
(b) 10in paragraph 41(1)—
(i)
for “Parts 1, 2 and 4 of Schedule 1” substitute ““Parts 1, 3 and
5 of Schedule 1ZA”, and
(ii) for “FSA” substitute “FCA”,
(c)
in the italic heading before paragraph 41, for “Financial Services
15Authority” substitute “Financial Conduct Authority”, and
(d)
in paragraph 46, in the index of defined terms, for “the FSA”
substitute “the FCA”.
123
In section 7 of the Dormant Bank and Building Society Accounts Act 2008
20(meaning of “bank”), in subsection (2)(a), for “Part 4” substitute “Part 4A”.
124 (1) The Corporation Tax Act 2010 is amended as follows.
(2)
In section 161 (restricted right to dividends), in subsection (8), for paragraph
(a), and the “and” following it, substitute—
“(a)
25in relation to a dividend paid by a company that is a PRA-
authorised person for the purposes of the FISMA, the
Prudential Regulation Authority,
(aa)
in relation to a dividend paid by a company that is authorised
for the purposes of the FISMA but does not fall within
30paragraph (a), the Financial Conduct Authority, and”.
(3)
In section 635 (application of Chapter 6 of Part 13: banks etc. in compulsory
liquidation), in subsection (2)(a), for “Part 4” substitute “Part 4A”.
(4)
In section 1120 (meaning of “Bank”), in subsection (3), for “Part 4” substitute
“Part 4A”.
125
In Part 3 of Schedule 1 to the Finance Act 2010 (bank payroll tax: definitions),
in paragraph 45(14)—
(a) for paragraph (a) and the “or” following it, substitute—
“(a) the Financial Conduct Authority,
(aa) 40the Prudential Regulation Authority, or”, and
(b)
in paragraph (b), for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
Authority”.
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126
In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities subject
to the public sector equality duty), under the italic heading “Industry,
business, finance etc”—
(a)
5for “The Financial Services Authority” substitute “The Financial
Conduct Authority”, and
(b) after the entry for the Office of Communications insert—
“The Prudential Regulation Authority”.
127 (1) 10The Terrorist Asset-Freezing etc Act 2010 is amended as follows.
(2) In section 23 (general power to disclose information), in subsection (1)—
(a)
in paragraph (e), for “Financial Services Authority” substitute
“Financial Conduct Authority, the Prudential Regulation
Authority”, and
(b) 15after that paragraph insert—
“(ea)
to the Bank of England, for the purpose of enabling or
assisting the Bank to exercise any powers conferred
on it by or under the Financial Services and Markets
Act 2000;”.
(3)
20In section 41 (meaning of “relevant institution”), in subsection (1)(a), for
“Part 4” substitute “Part 4A”.
128
Part 3 of Schedule 10 to the Postal Services Act 2011 (conduct of postal
administration: modification of enactments), in paragraph 41(3), for
25“administration applications by FSA” substitute “administration order”.
129
In section 109 of the Charities Act 2011 (dormant bank account:
supplementary), in subsection (3), for “Part 4” substitute “Part 4A”.
130
30In section 141 of the Health and Social Care Act 2012 (borrowing), in
subsection (3)(a), for “Part 4” substitute “Part 4A”.
131
(1)
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.
(2)
35In section 55 (effect of rule against referral fees), in subsection (4), for
“Financial Services Authority” substitute “Financial Conduct Authority”.
(3) In section 56 (regulation by the FSA)—
(a)
in subsections (1) and (3)(c) and (d), for “Financial Services
Authority” substitute “Financial Conduct Authority”, and
(b) 40in the heading, for “FSA” substitute “FCA”.
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(4) In section 57 (regulators and regulated persons)—
(a)
in subsection (1), in the Table, for “Financial Services Authority”
substitute “Financial Conduct Authority”, and
(b)
in subsection (2), in the Table, for “Financial Services Authority”
5substitute “Financial Conduct Authority”.
132
In section 75 of the Housing (Scotland) Act 2006 (determination by local
10authorities about applications for a grant or loan), in subsection (5)(a), in the
definition of “commercial lender”, for “Part 4” substitute “Part 4A”.
133
15In section 127A of the County Courts Act (Northern Ireland) 1959 (voluntary
contributions to judicial pension scheme), in subsection (7), in the definition
of “authorised provider”, for “Part 4” substitute “Part 4A”.
134
In section 9A of the District Judges (Magistrates’ Courts) Pensions Act
20(Northern Ireland) 1960 (voluntary contributions under the judicial pension
scheme), in subsection (7), in the definition of “insurer”, for “Part 4”
substitute “Part 4A”.
135 (1) The Charities Act (Northern Ireland) 2008 is amended as follows.
(2)
25In section 48 (power to give directions about dormant bank accounts of
charities), in subsection (8)(b)(i), for “Part 4” substitute “Part 4A”.
(3)
In section 56 (powers in relation to English, Welsh and Scottish charities), in
subsection (7)(a), for “Part 4” substitute “Part 4A”.
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Section 94(2)
Short title | Extent of repeal |
---|---|
Competition Act 1998 | In Schedule 2, paragraph 1 and the italic 5heading before it. |
In Schedule 7, in paragraph 19A(9)— (a)
“or (in the case of the Financial Services (b)
paragraph (m). |
|
In Schedule 12, paragraph 8 and the italic heading before it. |
|
15In Schedule 13, in paragraph 26— (a)
sub-paragraph (1)(a), (b)
sub-paragraph (2), (c)
in sub-paragraph (3) the words “and (d)
20sub-paragraph (3)(a). |
|
Insolvency Act 2000 | Section 15(2). |
Proceeds of Crime Act 2002 | In Schedule 11, paragraph 38 and the italic heading before it. |
Enterprise Act 2002 | 25Sections 241A(2)(b) and 243(3)(c). |
In Schedule 25, sub-paragraphs (2) to (5) and (10) to (15) of paragraph 40. |
|
Communications Act 2003 | In Schedule 16, paragraph 5 and the italic heading before it. |
Constitutional Reform Act 2005 | 30In Schedule 7, the entry relating to the Financial Services and Markets Act 2000. |
In Schedule 9, paragraph 70 and the italic heading before it. |
|
Inquiries Act 2005 | Section 46. |
Companies Act 2006 | 35Section 964(3) and (5). |
In Part 2 of Schedule 2, paragraph 38. | |
In Schedule 11A, paragraph 53. | |
In Schedule 15, paragraphs 2 and 9. | |
Tribunals, Courts and Enforcement Act 2007 |
In Schedule 6, in the Table in Part 3, the entry 40relating to the Financial Services and Markets Tribunal. |
Consumers, Estate Agents and Redress Act 2007 |
In section 20— (a)
in subsection (2), in the definition of (b)
subsection (3)(a). |
Section 39. | |
50In Schedule 1, paragraph 1(4)(a). | |
Banking Act 2009 | Section 249(4). |
Financial Services Act 2010 | Section 1. |
Section 2(2) to (5). | |
Section 3(2) to (4). |
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Short title | Extent of repeal |
---|---|
Financial Services Act 2010— cont. |
Section 6. |
Section 7. | |
5In Schedule 2, paragraphs 2 to 6, 11 to 14, 27 and 34. |