Previous Next

Contents page 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-285 286-288 290-299 300-309 310-316 Last page

Financial Services BillPage 290

Trustee Savings Banks Act 1985 (c. 58)Trustee Savings Banks Act 1985 (c. 58)

45 In Part 3 of Schedule 1 to the Trustee Savings Banks Act 1985
(supplementary transfer provisions), in paragraph 11(4A)(a), for “Part 4”
substitute “Part 4A”.

5Administration of Justice Act 1985 (c. 61)Administration of Justice Act 1985 (c. 61)

46 In section 21 of the Administration of Justice Act 1985 (professional
indemnity and compensation), in subsection (5)(a), for “Part 4” substitute
“Part 4A”.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

47 10In section 622 of the Housing Act 1985 (minor definitions: general), in
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)Insolvency Act 1986 (c. 45)

48 The Insolvency Act 1986 is amended as follows.

49 (1) 15Section 4A (approval of proposed voluntary arrangement) is amended as
follows.

(2) In subsection (5), for “Financial Services Authority” substitute “appropriate
regulator”.

(3) After that subsection insert—

(5A) 20The appropriate regulator” means—

(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
Authority, and

(b) 25in any other case, the Financial Conduct Authority.

50 In section 422 (order relating to formerly authorised banks), in subsection
(1)—

(a) for “Financial Services Authority” substitute “Financial Conduct
Authority and the Prudential Regulation Authority”, and

(b) 30in paragraph (b), for “Part IV” substitute “Part 4A”.

51 (1) Paragraph 44 of Schedule A1 (moratorium where directors propose
voluntary arrangement; modifications relating to regulated companies) is
amended as follows.

(2) In sub-paragraphs (2) to (4), for “Authority” substitute “appropriate
35regulator”.

(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
regulator”.

(4) 40In sub-paragraph (6), for “Authority” substitute “appropriate regulator”.

Financial Services BillPage 291

(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
regulator”.

(6) 5In sub-paragraphs (8) to (11), for “Authority” substitute “appropriate
regulator”.

(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
10regulator”.

(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
15regulator”.

(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
20regulator”.

(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
25entitled 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
30(17)—

(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) 35for the purposes of sub-paragraph (9)—

(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
40Authority.

(15) In sub-paragraph (18)—

(a) for the definition of “the Authority” and the “and” following it

Financial Services BillPage 292

substitute—

(b) after the definition of “regulated company” insert—

(16) In the italic heading, for “Financial Services Authority” substitute “Financial
Conduct Authority and Prudential Regulation Authority”.

52 (1) Schedule B1 (administration) is amended as follows.

(2) 25In 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
(4)(b), for “Financial Services Authority” substitute “Financial Conduct
30Authority 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”.

Debtors (Scotland) Act 1987 (c. 18)Debtors (Scotland) Act 1987 (c. 18)

53 35In section 73F of the Debtors (Scotland) Act 1987 (protection of minimum
balance in bank accounts), in subsection (5)(b), for “Part 4” substitute “Part
4A”.

Housing (Scotland) Act 1987 (c. 26)Housing (Scotland) Act 1987 (c. 26)

54 In section 338 of the Housing (Scotland) Act 1987 (interpretation), in
40subsection (1)—

(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
4A”.

Financial Services BillPage 293

Income and Corporation Taxes Act 1988 (c. 1)Income and Corporation Taxes Act 1988 (c. 1)

55 (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”
substitute “Part 4A”.

(3) 5In section 376 (qualifying borrowers and qualifying lenders), in subsection
(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
10definition of “insurance company”, for “Part 4” substitute “Part 4A”.

(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)Access to Medical Reports Act 1988 (c. 28)

56 15In section 2 of the Access to Medical Reports Act 1988 (interpretation), in
subsection (1), in the definition of “insurer”, for “Part 4” substitute “Part 4A”.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

57 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”.

20Water Act 1989 (c. 15)Water Act 1989 (c. 15)

58 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”.

25Companies Act 1989 (c. 40)Companies Act 1989 (c. 40)

59 The Companies Act 1989 is amended as follows.

60 (1) Section 82 (request for assistance by overseas regulatory authority) is
amended as follows.

(2) In subsection (2)(a)—

(a) 30in sub-paragraph (ii), for “Financial Services Authority” substitute
“FCA, the PRA or the Bank of England”, and

(b) omit sub-paragraph (iii).

(3) In subsection (3), for “Financial Services Authority” substitute
“corresponding UK regulator (if any)”.

(4) 35After that subsection insert—

(3A) In subsection (3), “the corresponding UK regulator” means such one
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.

Financial Services BillPage 294

(5) In subsection (5)—

(a) for “Financial Services Authority”, in the first place, substitute “FCA
and the PRA”,

(b) for “Financial Services Authority”, in the second place, substitute
5“FCA or the PRA”, and

(c) for “the Authority” substitute “the body giving the notification”.

61 (1) Section 87 (exceptions from restrictions on disclosure) is amended as
follows.

(2) In subsection (2)(b), for sub-paragraph (i) substitute—

(i) 10a 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
Authority, for “The Financial Services Authority” substitute “The FCA or the
PRA”.

62 (1) 15Section 157 (change in default rules) is amended as follows.

(2) In subsection (1)—

(a) for “Authority”, in the first place, substitute “appropriate regulator”,
and

(b) for “Authority”, in the second place, substitute “the regulator”.

(3) 20At the end insert—

(4) The appropriate regulator”—

(a) in relation to a recognised UK investment exchange, means
the FCA, and

(b) in relation to a recognised UK clearing house, means the
25Bank of England.

63 (1) Section 162 (duty to report on completion of default proceedings) is
amended as follows.

(2) In subsections (1) and (1A), for “Authority” substitute “appropriate
regulator”.

(3) 30In subsection (4), for “Authority” substitute “appropriate regulator”.

(4) At the end insert—

(7) The appropriate regulator”—

(a) in relation to a recognised investment exchange or a
recognised overseas investment exchange, means the FCA,
35and

(b) in relation to a recognised clearing house or a recognised
overseas clearing house, means the Bank of England.

64 (1) Section 167 (application to determine whether default proceedings to be
taken) is amended as follows.

(2) 40In subsections (1B), (3) (in both places), (4) and (5) (in both places), for
“Authority” substitute “appropriate regulator”.

(3) At the end insert—

(6) The appropriate regulator”—

Financial Services BillPage 295

(a) in relation to a responsible investment exchange, means the
FCA, and

(b) in relation to a responsible clearing house, means the Bank of
England.

65 (1) 5Section 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

(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
10England”.

66 (1) Section 176 (power to make provision about certain charges) is amended as
follows.

(2) In subsection (2)—

(a) in paragraph (b), for “Authority” substitute “Bank of England”, and

(b) 15in paragraph (d), for “Part 4” substitute “Part 4A”.

(3) In subsection (6)—

(a) for “Authority”, in the first place, substitute “Bank of England”, and

(b) for “Authority”, in the second place, substitute “FCA”.

67 (1) Section 190 (minor definitions) is amended as follows.

(2) 20Omit the definition of “the Authority”.

(3) After the definition of “charge” insert—

(4) After the definition of “overseas” insert—

68 (1) 25Section 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—

the FCA Section 190(1)

(4) After the entry relating to “permanent trustee” insert—

the PRA 30Section 190(1)

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

69 In section 206 of the Water Industry Act 1991 (restriction on disclosure of
information), in subsection (3)(e), for “or the Financial Services Authority”
substitute “, the Financial Conduct Authority, the Prudential Regulation
35Authority or the Bank of England”.

Financial Services BillPage 296

Water Resources Act 1991 (c. 57)Water Resources Act 1991 (c. 57)

70 In section 204 of the Water Resources Act 1991 (restriction on disclosure of
information), in subsection (2)(e), for “or the Financial Services Authority”
substitute “, the Financial Conduct Authority, the Prudential Regulation
5Authority or the Bank of England”.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

71 (1) The Social Security Administration Act 1992 is amended as follows.

(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”,
10for “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”.

Judicial Pensions and Retirement Act 1993 (c. 8)Judicial Pensions and Retirement Act 1993 (c. 8)

72 (1) The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2) 15In section 10 (additional benefits from voluntary contributions), in
subsection (8), in the definitions of “authorised provider” and “insurer”, for
“Part 4” substitute “Part 4A”.

(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
20“Part 4A”.

Criminal Justice Act 1993 (c. 36)Criminal Justice Act 1993 (c. 36)

73 In Schedule 1 to the Criminal Justice Act 1993 (special defences), in
paragraph 5(2), for “section 144(1)” substitute “section 137O”.

Railways Act 1993 (c. 43)Railways Act 1993 (c. 43)

74 (1) 25The Railways Act 1993 is amended as follows.

(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
30“securities”, for “section 74(5)” substitute “section 102A(2)”.

Pension Schemes Act 1993 (c. 48)Pension Schemes Act 1993 (c. 48)

75 (1) The Pension Schemes Act 1993 is amended as follows.

(2) In section 149 (procedure on an investigation by the Pensions Ombudsman),
in subsection (6)—

(a) 35for paragraph (e) substitute—

(e) the Financial Conduct Authority,

(ea) the Prudential Regulation Authority,

(eb) the Bank of England,, and

Financial Services BillPage 297

(b) in paragraph (o), for “a body corporate established in accordance
with paragraph 2(1)” substitute “the body corporate mentioned in
paragraph 2”.

(3) In section 158A (disclosures by the Secretary of State), in subsection (1), in
5the Table, for 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..

(4) In section 180A (insurer and long-term insurance business), in subsection
10(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
“the appropriate regulator”, and

(b) after that subsection insert—

(7A) 15The appropriate regulator” means—

(a) where the group insurance business to which the
regulations relate consists only of activities which are
PRA-regulated activities, the Prudential Regulation
Authority,

(b) 20where the group insurance business to which the
regulations relate consists partly of activities which
are PRA-regulated activities and partly of other
regulated activities, the Prudential Regulation
Authority and the Financial Conduct Authority, or

(c) 25in 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
and Markets Act 2000.

Finance Act 1994 (c. 9)Finance Act 1994 (c. 9)

76 (1) 30The 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”)”
substitute “a regulator”, and

(ii) 35for “assisting the Authority” substitute “assisting the
regulator”, and

(b) in sub-paragraph (2)—

(i) for “the Authority”, in the first place, substitute “a regulator”,
and

(ii) 40for “the Authority”, in the second place, substitute “the
regulator”.

(c) after that sub-paragraph insert—

(3) In this paragraph “regulator” means—

Financial Services BillPage 298

(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
5102A(2)”.

Coal Industry Act 1994 (c. 21)Coal Industry Act 1994 (c. 21)

77 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
10Authority”.

Value Added Tax Act 1994 (c. 23)Value Added Tax Act 1994 (c. 23)

78 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
15scheme”, for “Financial Services Authority” substitute “Financial Conduct
Authority”.

Pensions Act 1995 (c. 26)Pensions Act 1995 (c. 26)

79 (1) The Pensions Act 1995 is amended as follows.

(2) In section 49 (responsibilities of trustees etc.), in subsection (8A)(a), for “Part
204” substitute “Part 4A”.

(3) In section 172 (information about public service schemes), in subsection
(1)(a), for “section 150” substitute “section 138D”.

Finance Act 1997 (c. 16)Finance Act 1997 (c. 16)

80 In section 96 of the Finance Act 1997 (demutualisation of insurance
25companies), in subsection (8), in the definition of “general insurance
company”, for “Part 4” substitute “Part 4A”.

Social Security (Recovery of Benefits) Act 1997 (c. 27)Social Security (Recovery of Benefits) Act 1997 (c. 27)

81 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
30“Part 4” substitute “Part 4A”.

Bank of England Act 1998 (c. 11)Bank of England Act 1998 (c. 11)

82 (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”.

(3) 35Omit—

(a) section 21 and the italic heading before it;

(b) section 23(2);

(c) section 24 and the italic heading before it.

Financial Services BillPage 299

(4) In Schedule 2 (cash ratio deposits), in paragraph 1(1A)(c), for “Part 4”
substitute “Part 4A”.

(5) In Schedule 7 (restriction on disclosure of information), in paragraph 3, in
the Table—

(a) 5for “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.

Data Protection Act 1998 (c. 29)Data Protection Act 1998 (c. 29)

83 10In 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)Terrorism Act 2000 (c. 11)

84 (1) The Terrorism Act 2000 is amended as follows.

(2) 15In 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—

(ea) the Prudential Regulation Authority;.

(3) 20In Schedule 6 (financial information), in paragraph 6(1)(a), for “Part 4”
substitute “Part 4A”.

Regulation of Investigatory Powers Act 2000 (c. 23)Regulation of Investigatory Powers Act 2000 (c. 23)

85 In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000
(relevant authorities), for paragraph 19 substitute—

19 25The Financial Conduct Authority.

19A The Prudential Regulation Authority.

Utilities Act 2000 (c. 27)Utilities Act 2000 (c. 27)

86 In section 105 of the Utilities Act 2000 (general restriction on disclosure of
information), in subsection (4)(da), for “or the Financial Services Authority”
30substitute “, the Financial Conduct Authority, the Prudential Regulation
Authority or the Bank of England”.

Freedom of Information Act 2000 (c. 36)2000 (c. 36)

87 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general)—

(a) 35omit the entry relating to the Financial Services Authority, and

(b) at the appropriate place in each case insert—

Previous Next

Contents page 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-285 286-288 290-299 300-309 310-316 Last page