Session 2013 - 14
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175

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 9 July 2013

 

Report Stage Proceedings

 

Financial Services (Banking Reform) Bill


 

[Second Sitting]


 

New Clauses relating to competition

 

Competition and Markets Authority review into competitiveness

 

Ed Balls

 

Chris Leslie

 

Cathy Jamieson

 

Catherine McKinnell

 

Negatived on division  NC8

 

To move the following Clause:—

 

‘(1)    

The Chancellor of the Exchequer shall instruct the Competition and Markets

 

Authority to begin a full market study, according to its powers under the

 

Enterprise Act 2002, into UK financial services institutions involved in the

 

provision of core services.

 

(2)    

The full market study will consider:

 

(a)    

the level of competition among UK institutions involved in the provision

 

of core services.

 

(b)    

the obstacles to increasing competition for UK institutions involved in

 

the provision of core services.

 

(c)    

possible actions that could be taken to facilitate new UK institutions

 

being competitive in the provision of core services.

 

(3)    

The full market study will be published within a year of Royal Assent of this Act.

 

(4)    

The review must result in a report to the Treasury.

 

(5)    

The Treasury shall lay a copy of the report before both Houses of Parliament.’.

 



 
 

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176

 

Financial Services (Banking Reform) Bill, continued

 
 

Sale of state-owned banking assets

 

Ed Balls

 

Chris Leslie

 

Cathy Jamieson

 

Catherine McKinnell

 

Negatived on division  NC10

 

To move the following Clause:—

 

‘(1)    

Before the sale of banking assets in the ownership of HM Treasury, the Treasury

 

shall lay before Parliament a report setting out—

 

(a)    

the manner in which the best interests of the taxpayer are to be protected

 

in connection with such sale,

 

(b)    

the expected impact that any sale might have on competition for the

 

provision of core services, customer choice and the rate of economic

 

growth,

 

(c)    

an appraisal of the options for potential structural changes in the bank

 

concerned including—

 

(i)    

the separation of the provision of core services from the

 

provision of investment activities,

 

(ii)    

the retention of a class of assets in the ownership of HM

 

Treasury,

 

(iii)    

the impact of any sale on the creation of a regional banking

 

network.

 

(2)    

A copy of the report in subsection (1) shall be laid before Parliament and

 

sufficient time shall be given for the appropriate committees of both Houses of

 

Parliament to consider its findings before any sale decision.’.

 


 

Local stakeholder banks

 

Caroline Lucas

 

 

Not called  NC15

 

To move the following Clause:—

 

‘(1)    

Within three months of Royal Assent of this Act the Secretary of State shall

 

publish for consultation a report setting out proposals for the creation of networks

 

of local stakeholder banks.

 

(2)    

This report shall contain an examination of stakeholder banking structures,

 

defined as credit institutions that are not owned by private shareholders, with the

 

with the aim of maximising shareholder returns. The examination should draw on

 

experience in the UK and elsewhere and include—

 

(a)    

co-operative banks;

 

(b)    

credit unions;

 

(c)    

community development finance institutions (CDFIs);

 

(d)    

public-interest savings banks.

 

(3)    

The report shall examine potential impacts of the creation of networks of local

 

stakeholder banks on—

 

(a)    

customer service and product range,


 
 

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Financial Services (Banking Reform) Bill, continued

 
 

(b)    

accessibility to banking services for customer underserved by

 

commercial banks,

 

(c)    

financial stability,

 

(d)    

accountability to local stakeholders.

 

(4)    

A copy of this report and the outcome of the full consultation shall be laid before

 

Parliament and sufficient time shall be given for consideration of its findings by

 

members of relevant committees of both Houses before any decisions are taken

 

on the sale of state-owned banking assets.’.

 


 

New clauses relating to portability of bank accounts

 

Portable account numbers

 

Ed Balls

 

Chris Leslie

 

Cathy Jamieson

 

Catherine McKinnell

 

Not called  NC12

 

To move the following Clause:—

 

‘(1)    

Within six months of Royal Assent of this Act, the Treasury shall lay before

 

Parliament a report considering—

 

(a)    

the adequacy of voluntary arrangements made by UK ring-fenced bodies

 

to facilitate easier customer switching of bank account services; and

 

(b)    

legislative options for the introduction of portable account numbers and

 

sort codes for retail bank accounts provided by UK ring-fenced bodies.

 

(2)    

The Chancellor of the Exchequer may, by affirmative order to be approved by

 

both Houses of Parliament, confer powers upon the appropriate regulator to

 

require UK ring-fenced bodies to comply with any specified scheme to establish

 

the use of portable account numbers and sort codes.’.

 


 

Portable account numbers (No. 2)

 

Andrea Leadsom

 

Mr Brooks Newmark

 

Mark Garnier

 

Mr David Ruffley

 

John Thurso

 

Teresa Pearce

 

John Mann

 

Mr Andrew Love

 

Not called  NC14

 

To move the following Clause:—

 

‘(1)    

Within 12 months of Royal Assent of this Act, the Treasury shall lay before

 

Parliament a fully independent and comprehensive report detailing the options for


 
 

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Financial Services (Banking Reform) Bill, continued

 
 

introducing portable account numbers for bank accounts within the UK,

 

including a full cost benefit analysis of the available options.

 

(2)    

The appropriate regulator may require banks and building societies to comply

 

with any scheme to introduce and facilitate the use of portable account numbers,

 

which is introduced in regulations made by the Treasury.

 

(3)    

No regulations may be made by the Treasury under this section unless a draft of

 

the regulations has been laid before Parliament and approved by a resolution of

 

each House.’.

 


 

Remaining proceedings on consideration

 

Minor amendments

 

Mr Chancellor of the Exchequer

 

Added  NC1

 

To move the following Clause:—

 

‘Schedule [Minor amendments] (which contains amendments of, or connected

 

with, the Financial Services Act 2012 and amendments of provisions amended by

 

that Act) has effect.’.

 


 

Mr Chancellor of the Exchequer

 

Agreed to  5

 

Clause  4,  page  3,  line  35,  at end insert—

 

‘(3A)    

Subject to that, in deciding whether and, if so, how to exercise their powers under

 

subsection (2)(b), the Treasury must have regard to the desirability of minimising

 

any adverse effect that the ring-fencing provisions might be expected to have on

 

competition in the market for services provided in the course of carrying on core

 

activities, including any adverse effect on the ease with which new entrants can

 

enter the market.

 

(3B)    

In subsection (3A) “the ring-fencing provisions” means ring-fencing rules and the

 

duty imposed as a result of section 142G.’.

 


 

NEW SCHEDULE

 

Mr Chancellor of the Exchequer

 

Added  NS1

 

To move the following Schedule:—

 

‘Minor Amendments

 

Companies Act 1985 (c. 6)

 

1          

In Schedule 15D to the Companies Act 1985 (disclosures), omit paragraph 29.


 
 

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Financial Services (Banking Reform) Bill, continued

 
 

Financial Services and Markets Act 2000 (c. 8)

 

2          

In section 376 of FSMA 2000 (continuation of contracts of long-term

 

insurance where insurer in liquidation), in subsection (11B), for “PRA-

 

authorised” substitute “PRA-regulated”.

 

3          

In Schedule 17A to FSMA 2000 (further provision in relation to exercise of

 

Part 18 functions by Bank of England), in paragraph 10(1)(j), for “subsections

 

(1) and (3)” substitute “subsection (1)”.

 

Income Tax Act 2007 (c. 3)

 

4          

In section 991 of the Income Tax Act 2007 (meaning of “bank”), in subsections

 

(2)(b) and (3), for “Part 4” substitute “Part 4A”.

 

Banking Act 2009 (c. 1)

 

5          

In section 89B of the Banking Act 2009 (application to recognised central

 

counterparties), in the Table in subsection (6), in the entry relating to section

 

81B, in the second column, after the modification of subsection (1) of that

 

section insert—

  

“In subsection (2), for “PRA” substitute “Bank of

 
  

England”.”

 
 

6          

In section 191 of the Banking Act 2009 (directions), in subsection (1), after

 

“inter-bank” insert “payment”.

 

Financial Services Act 2012 (c. 21)

 

7          

In section 73 of the Financial Services Act 2012 (duty of FCA to investigate

 

and report on possible regulatory failure), in subsection (1)(b)(i)—

 

(a)    

for “their activities,” substitute “of the carrying on of regulated

 

activities,”, and

 

(b)    

for “or for the regulation of collective investment schemes” substitute

 

“, for the regulation of collective investment schemes or for the

 

regulation of recognised investment exchanges,”’.

 

8    (1)  

Section 85 of the Financial Services Act 2012 (relevant functions in relation to

 

complaints scheme) is amended as follows.

 

      (2)  

For subsection (2) substitute—

 

“(2)    

The relevant functions of the FCA or the PRA are—

 

(a)    

its functions conferred by or under FSMA 2000, other than its

 

legislative functions, and

 

(b)    

such other functions as the Treasury may by order provide.”

 

      (3)  

For subsection (3) substitute—

 

“(3)    

The relevant functions of the Bank of England are—

 

(a)    

its functions under Part 18 of FSMA 2000 (recognised

 

clearing houses) or under Part 5 of the Banking Act 2009

 

(inter-bank payment systems), other than its legislative

 

functions, and

 

(b)    

such other functions as the Treasury may by order provide.”

 

      (4)  

In subsections (4) and (5), for “subsection (2)” substitute “subsection (2)(a)”.

 

      (5)  

In subsections (6) and (7), for “subsection (3)” substitute “subsection (3)(a)”.

 

      (6)  

After subsection (7) insert—


 
 

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Financial Services (Banking Reform) Bill, continued

 
 

“(8)    

For the purposes of subsection (2), sections 1A(6) and 2A(6) of FSMA

 

2000 do not apply.”’.

 


 

Mr Chancellor of the Exchequer

 

Agreed to  11

 

Schedule,  page  22,  line  22,  leave out ‘subsidiary’ and insert ‘body’.

 

Mr Chancellor of the Exchequer

 

Agreed to  12

 

Schedule,  page  22,  line  28,  leave out ‘subsidiary’ and insert ‘body’.

 

Mr Chancellor of the Exchequer

 

Agreed to  13

 

Schedule,  page  22,  line  30,  leave out ‘subsidiary undertaking’ and insert ‘member of

 

the group’.

 


 

Mr Chancellor of the Exchequer

 

Agreed to  14

 

Schedule,  page  23,  line  3,  at end insert—

 

‘(d)    

making provision in connection with the implementation of proposals

 

that would involve a body corporate whose group includes the transferee

 

becoming a ring-fenced body while one or more other members of the

 

transferee’s group are not ring-fenced bodies.’.

 

Mr Chancellor of the Exchequer

 

Agreed to  15

 

Schedule,  page  23,  line  24,  at end insert—

 

‘(2B)    

In deciding whether to give consent, the PRA must have regard to the

 

scheme report prepared under section 109A in relation to the ring-

 

fencing transfer scheme.’.

 

Mr Chancellor of the Exchequer

 

Agreed to  16

 

Schedule,  page  23,  line  24,  at end insert—

 

‘6A      

For the heading to section 109 substitute “Scheme reports: insurance business

 

transfer schemes”.

 

6B         

After section 109 insert—

 

“109A

 Scheme reports: ring-fencing transfer schemes

 

(1)    

An application under section 106B in respect of a ring-fencing transfer

 

scheme must be accompanied by a report on the terms of the scheme

 

(a “scheme report”).

 

(2)    

A scheme report may be made only by a person—

 

(a)    

appearing to the PRA to have the skills necessary to enable the

 

person to make a proper report, and


 
 

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Financial Services (Banking Reform) Bill, continued

 
 

(b)    

nominated or approved for the purpose by the PRA.

 

(3)    

A scheme report must be made in a form approved by the PRA.

 

(4)    

A scheme report must state—

 

(a)    

whether persons other than the transferor concerned are likely

 

to be adversely affected by the scheme, and

 

(b)    

if so, whether the adverse effect is likely to be greater than is

 

reasonably necessary in order to achieve whichever of the

 

purposes mentioned in section 106B(3) is relevant.

 

(5)    

The PRA must consult the FCA before—

 

(a)    

nominating or approving a person under subsection (2)(b), or

 

(b)    

approving a form under subsection (3).”’.

 

Bill read a third time and passed.

 


 
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