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Financial Services and Markets Act 2000, Section 192C is up to date with all changes known to be in force on or before 02 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The appropriate regulator may give a direction under this section to a qualifying parent undertaking if either the general condition or the consolidated supervision condition is satisfied.
(2)The general condition is that the appropriate regulator considers that it is desirable to give the direction in order to advance—
(a)in the case of the FCA, one or more of its operational objectives;
(b)in the case of the PRA, any of its objectives.
(3)The consolidated supervision condition is that—
(a)the appropriate regulator is the competent authority for the purpose of consolidated supervision that is required, in relation to some or all of the members of the group of a qualifying authorised person, [F2in pursuance of—
(i)any implementing provision contained in subordinate legislation (within the meaning of the Interpretation Act 1978) made otherwise than by any of the following—
(aa)statutory instrument, and
(bb)statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)); F3...
(ii)any other implementing provision (as amended from time to time)], F4...
[F5(iii)Part 9C rules;
(iv)CRR rules; or
(v)rules made under section 192XA, and]
(b)the appropriate regulator considers that the giving of the direction is desirable for the purpose of the effective consolidated supervision of the group.
[F6(4)In subsection (3)(a)—
“consolidated supervision” includes supplemental supervision;
“implementing provision” has the same meaning as in section 3M.]
(5)In deciding whether to give a direction under this section, a regulator must have regard—
(a)to the desirability where practicable of exercising its powers in relation to authorised persons or recognised investment exchanges rather than its powers under this section, and
(b)to the principle that a burden or restriction which is imposed on a person should be proportionate to the benefits, considered in general terms, which are expected to result from its imposition.
(6)“The appropriate regulator” means—
(a)where a direction relates to a qualifying authorised person or recognised investment exchange who is a PRA-authorised person, the FCA or the PRA;
(b)in any other case, the FCA.]
Textual Amendments
F1Pt. 12A inserted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 27, 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c), Sch. Pts. 2, 3; S.I. 2013/423, art. 3, Sch.
F2Words in s. 192C(3)(a) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 58(2); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in s. 192C(3)(a)(i)(bb) omitted (17.8.2022) by virtue of The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2022 (S.I. 2022/838), regs. 1(2), 3(a) (with regs. 24-26)
F4Word in s. 192C(3)(a)(ii) omitted (17.8.2022) by virtue of The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2022 (S.I. 2022/838), regs. 1(2), 3(b) (with regs. 24-26)
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