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Financial Services BillPage 300

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

88 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”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

89 5In 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
of England under or by virtue of”, and

(b) 10omit “of authority”.

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

90 (1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 282 (exemptions), in subsection (3)—

(a) for “Financial Services Authority” substitute “Financial Conduct
15Authority 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
Conduct Authority, the Prudential Regulation Authority or the Bank
20of England under or by virtue of”, and

(b) omit “of authority”.

(4) In Part 2 of Schedule 9 (supervisory authorities), in paragraph 4(1)—

(a) for paragraph (c) substitute—

(c) Financial Conduct Authority; and

(b) 25after paragraph (e) insert—

(ea) Prudential Regulation Authority;.

Enterprise Act 2002 (c. 40)Enterprise Act 2002 (c. 40)

91 (1) The Enterprise Act 2002 is amended as follows.

(2) In section 213 (enforcers), in subsection (5A)(c), for “Financial Services
30Authority” 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”.

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

92 35In section 135 of the Nationality, Immigration and Asylum Act 2002
(financial institution to provide information), in subsection (2)(a), for “Part
4” substitute “Part 4A”.

Income Tax (Earnings and Pensions) Act 2003 (c. 1)Income Tax (Earnings and Pensions) Act 2003 (c. 1)

93 (1) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows.

Financial Services BillPage 301

(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
Authority”, and

(b) 5for “section 74(4)” substitute “section 73A”.

(3) In Part 4 of Schedule 3 (approved SAYE option schemes: applicable shares),
in paragraph 21(5)—

(a) for “competent authority for listing” substitute “Financial Conduct
Authority”, and

(b) 10for “section 74(4)” substitute “section 73A”.

(4) In Part 4 of Schedule 4 (approved CSOP schemes: applicable shares), in
paragraph 19(5)—

(a) for “competent authority for listing” substitute “Financial Conduct
Authority”, and

(b) 15 for “section 74(4)” substitute “section 73A”.

Finance Act 2003 (c. 14)Finance Act 2003 (c. 14)

94 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”.

20Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

95 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”.

Finance Act 2004 (c. 12)Finance Act 2004 (c. 12)

96 25In 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”.

Energy Act 2004 (c. 20)Energy Act 2004 (c. 20)

97 In Part 4 of Schedule 20 to the Energy Act 2004 (modifications of Insolvency
30Act 1986), in paragraph 42(3), for “administration applications by Financial
Services Authority” substitute “administration order”.

Fire and Rescue Services Act 2004 (c. 21)Fire and Rescue Services Act 2004 (c. 21)

98 In section 35 of the Fire and Rescue Services Act 2004 (provision of
information in connection with pensions), in subsection (2)(a), for “section
35150” substitute “section 138D”.

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

99 In 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”
40substitute “Financial Conduct Authority”.

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Pensions Act 2004 (c. 35)Pensions Act 2004 (c. 35)

100 (1) The 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) 5In Schedule 3 (disclosure of restricted information by the Pensions
Regulator), 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 Any of its functions., and

(b) 10in 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”.

(4) In Schedule 8 (disclosure of restricted information by the Board of the
Pension Protection Fund), in the Table—

(a) 15for 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
202000, for “established by” substitute “mentioned in”.

Inquiries Act 2005 (c. 12)Inquiries Act 2005 (c. 12)

101 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”.

25Serious Organised Crime and Police Act 2005 (c. 15)Serious Organised Crime and Police Act 2005 (c. 15)

102 (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) 30the 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) 35In subsection (6A), for “Financial Services Authority” substitute “Financial
Conduct Authority, the Prudential Regulation Authority, the Bank of
England”.

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(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
for discharging functions) do not apply to the exercise of the powers
5conferred 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
the Bank of England under this Chapter.

(5) 10In subsection (6C)—

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

(b) for “either of them” substitute “any of them”.

15Gambling Act 2005 (c. 19)Gambling Act 2005 (c. 19)

103 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

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

Finance (No. 2) Act 2005 (c. 22)Finance (No. 2) Act 2005 (c. 22)

104 In section 18 of the Finance (No. 2) Act 2005 (regulations under section 17),
in subsection (3)(a), for “Financial Services Authority” substitute “Financial
25Conduct Authority”.

Compensation Act 2006 (c. 29)Compensation Act 2006 (c. 29)

105 (1) Section 3 of the Compensation Act 2006 (mesothelioma: damages) is
amended as follows.

(2) In subsection (8)—

(a) 30omit paragraph (a), and

(b) in paragraph (f), for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
Authority”.

(3) Omit subsection (9).

35Companies Act 2006 (c. 46)Companies Act 2006 (c. 46)

106 The Companies Act 2006 is amended as follows.

107 In section 384 (companies excluded from small companies regime), in
subsection (2)(c), for “Part 4” substitute “Part 4A”.

108 (1) Section 461 (permitted disclosure of information obtained under
40compulsory powers) is amended as follows.

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(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
5Conduct Authority or the Prudential Regulation Authority”.

109 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”.

110 In section 470 (power to apply provisions to banking partnerships), in
subsection (2), for “Part 4” substitute “Part 4A”.

111 10In section 474 (definitions), in subsection (1), in the definition of “e-money
issuer”, for “Part 4” substitute “Part 4A”.

112 In section 539 (definitions), in subsection (1), in the definition of “e-money
issuer”, for “Part 4” substitute “Part 4A”.

113 (1) Section 843 (realised profits and losses of long-term insurance business) is
15amended 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”.

114 In section 948 (restrictions on disclosure), in subsection (7)—

(a) for paragraph (a) substitute—

(a) 20the 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
25Authority or similar to the regulatory functions of the Bank of
England”.

115 In section 950 (Panel on Takeovers and Mergers: duty of co-operation), in
subsection (1)—

(a) for paragraph (a) substitute—

(a) 30the 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
35Authority or similar to the regulatory functions of the Bank of
England”.

116 In 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
40Authority or the Bank of England”, and

(b) in paragraph (d), for “or the Financial Services Authority” substitute
“, the Financial Conduct Authority, the Prudential Regulation
Authority or the Bank of England”.

117 In section 1164 (meaning of “banking company” and “banking group”), in
45subsection (2), for “Part 4” substitute “Part 4A”.

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118 In section 1165 (meaning of “insurance company” etc.), in subsection (2), for
“Part 4” substitute “Part 4A”.

119 (1) Schedule 2 (specified persons and descriptions of disclosure for the
purposes of section 948) is amended as follows.

(2) 5In Part 1, in section (A) (United Kingdom), for paragraph 5 substitute—

5 The Financial Conduct Authority.

5A The 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
10Services and Markets Act 2000” substitute “section 79 of the Financial
Services Act 2012”,

(b) in 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
15“Financial Conduct Authority or the Prudential Regulation
Authority”,

(d) in paragraph 49, for paragraph (a) substitute—

(a) a decision of the Financial Conduct Authority;

(aa) a decision of the Prudential Regulation
20Authority;.

(4) In Part 3, in paragraph 1(2), for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation Authority or
similar to the regulatory functions of the Bank of England”.

120 (1) Schedule 11A (specified persons, description, disclosures etc. for the
25purposes of section 1224A) is amended as follows.

(2) In Part 1, for paragraph 5 substitute—

5 The Financial Conduct Authority.

5A The Prudential Regulation Authority.

(3) In Part 2—

(a) 30in paragraph 28, for “paragraph 7 of Schedule 1 to the Financial
Services and Markets Act 2000” substitute “section 79 of the Financial
Services Act 2012”,

(b) in paragraph 29, for “section 15 of the Financial Services and Markets
Act 2000 (c. 8)2000 (c. 8)” substitute “section 65 of the Financial Services Act
352012”,

(c) in paragraph 52, for “Financial Services Authority” substitute
“Financial Conduct Authority or the Prudential Regulation
Authority”, and

(d) in paragraph 71, for paragraph (a) substitute—

(a) 40a decision of the Financial Conduct Authority;

(aa) a decision of the Prudential Regulation
Authority;.

Legal Services Act 2007 (c. 29)Legal Services Act 2007 (c. 29)

121 (1) The Legal Services Act 2007 is amended as follows.

Financial Services BillPage 306

(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) In section 169 (disclosure of information to the Legal Services Board), for
5subsection (5)(f) substitute—

(f) the Financial Conduct Authority;

(g) the Prudential Regulation Authority;

(h) the Bank of England.

(4) In section 195 (application of the Legal Profession and Legal Aid (Scotland)
10Act 2007), in subsection (2)(e), for “Financial Services Authority” substitute
“Financial Conduct Authority”.

Regulatory Enforcement and Sanctions Act 2008 (c. 13)Regulatory Enforcement and Sanctions Act 2008 (c. 13)

122 In Schedule 5 to the Regulatory Enforcement and Sanctions Act 2008
(Designated Regulators)—

(a) 15for “Financial Services Authority” substitute “Financial Conduct
Authority”, and

(b) after the entry for the Pensions Regulator insert—

Counter-Terrorism Act 2008 (c. 28)Counter-Terrorism Act 2008 (c. 28)

123 (1) 20Schedule 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) The Financial Conduct Authority (“the
25FCA),

(b) in paragraph 18(2), in both places, for “FSA” substitute “FCA”, and

(c) in paragraph 21(7), for “FSA” substitute “FCA”.

(3) In Part 6 (enforcement: civil penalties)—

(a) in paragraph 27(1), for “FSA” substitute “FCA”, and

(b) 30in paragraph 28(1), for “FSA” substitute “FCA”.

(4) In Part 7 (enforcement: offences)—

(a) in paragraph 33, in sub-paragraphs (1)(a) and (2)(a), for “FSA”
substitute “FCA”, and

(b) in sub-paragraph (3) omit “by FSA”.

(5) 35In Part 8 (supplemental)—

(a) in paragraph 39(2)(a) for “FSA” substitute “FCA”, and

(b) in paragraph 41(1)—

(i) for “Parts 1, 2 and 4 of Schedule 1” substitute ““Parts 1, 3 and
5 of Schedule 1ZA”, and

(ii) 40for “FSA” substitute “FCA”,

(c) in the italic heading before paragraph 41, for “Financial Services
Authority” substitute “Financial Conduct Authority”, and

(d) in paragraph 46, in the index of defined terms, for “the FSA”
substitute “the FCA”.

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Dormant Bank and Building Society Accounts Act 2008 (c. 31)Dormant Bank and Building Society Accounts Act 2008 (c. 31)

124 In section 7 of the Dormant Bank and Building Society Accounts Act 2008
(meaning of “bank”), in subsection (2)(a), for “Part 4” substitute “Part 4A”.

Corporation Tax Act 2010 (c. 4)Corporation Tax Act 2010 (c. 4)

125 (1) 5The 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) in relation to a dividend paid by a company that is a PRA-
authorised person for the purposes of the FISMA, the
10Prudential 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
paragraph (a), the Financial Conduct Authority, and.

(3) In section 635 (application of Chapter 6 of Part 13: banks etc. in compulsory
15liquidation), 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”.

Finance Act 2010 (c. 13)Finance Act 2010 (c. 13)

126 In Part 3 of Schedule 1 to the Finance Act 2010 (bank payroll tax: definitions),
20in paragraph 45(14)—

(a) for paragraph (a) and the “or” following it, substitute—

(a) the Financial Conduct Authority,

(aa) the Prudential Regulation Authority, or, and

(b) in paragraph (b), for “Financial Services Authority” substitute
25“Financial Conduct Authority or the Prudential Regulation
Authority”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

127 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,
30business, finance etc”—

(a) for “The Financial Services Authority” substitute “The Financial
Conduct Authority”, and

(b) after the entry for the Office of Communications insert—

35Terrorist Asset-Freezing etc. Act 2010 (c. 38)2010 (c. 38)

128 (1) The 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
40Authority”, and

Financial Services BillPage 308

(b) after 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
5Act 2000;.

(3) In section 41 (meaning of “relevant institution”), in subsection (1)(a), for
“Part 4” substitute “Part 4A”.

Postal Services Act 2011 (c. 5)2011 (c. 5)

129 Part 3 of Schedule 10 to the Postal Services Act 2011 (conduct of postal
10administration: modification of enactments), in paragraph 41(3), for
“administration applications by FSA” substitute “administration order”.

Charities Act 2011 (c. 25)2011 (c. 25)

130 In section 109 of the Charities Act 2011 (dormant bank account:
supplementary), in subsection (3), for “Part 4” substitute “Part 4A”.

15Health and Social Care Act 2012 (c. )

131 In section 141 of the Health and Social Care Act 2012 (borrowing), in
subsection (3)(a), for “Part 4” substitute “Part 4A”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. )

132 (1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
20amended as follows.

(2) In 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
25Authority” substitute “Financial Conduct Authority”, and

(b) in the heading, for “FSA” substitute “FCA”.

(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) 30in subsection (2), in the Table, for “Financial Services Authority”
substitute “Financial Conduct Authority”.

Part 3 Amendment of Act of the Scottish Parliament

Housing (Scotland) Act 2006 (asp 1)2006 (asp 1)

133 35In section 75 of the Housing (Scotland) Act 2006 (determination by local
authorities about applications for a grant or loan), in subsection (5)(a), in the
definition of “commercial lender”, for “Part 4” substitute “Part 4A”.

Financial Services BillPage 309

Part 4 Amendments of Northern Ireland legislation

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

134 In section 127A of the County Courts Act (Northern Ireland) 1959 (voluntary
5contributions to judicial pension scheme), in subsection (7), in the definition
of “authorised provider”, for “Part 4” substitute “Part 4A”.

District Judges (Magistrates’ Courts) Pensions Act (Northern Ireland) 1960 (c. 2 (N.I.))

135 In section 9A of the District Judges (Magistrates’ Courts) Pensions Act
(Northern Ireland) 1960 (voluntary contributions under the judicial pension
10scheme), in subsection (7), in the definition of “insurer”, for “Part 4”
substitute “Part 4A”.

Charities Act (Northern Ireland) 2008 (c. 12 (N.I.))

136 (1) The Charities Act (Northern Ireland) 2008 is amended as follows.

(2) In section 48 (power to give directions about dormant bank accounts of
15charities), 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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