18(1)For the purpose of the exercise of a function conferred by a provision listed in the first column of the table, a consultation requirement listed in the corresponding entry in the second column may be satisfied by things done before the day on which this Act is passed.
| Provision conferring function | Consultation requirement |
|---|---|
| Section 137FB of FSMA | Sections 137FB(2) and 138I(1) of FSMA |
| Section 333E(1)(e) of FSMA | Section 333E(2) of FSMA |
| Section 333H(1) of FSMA | Section 138I(1) of FSMA as applied with modifications by section 333H(6) of FSMA |
| Section 333K(1) of FSMA | Section 333L(1) of FSMA |
| Section 333P(1) of FSMA | Section 138(1)(b) of FSMA as applied by section 333P(3) of FSMA |
| Section 333Q(1) of FSMA | Sections 138I(1) and 333Q(2) of FSMA. |
| Section 333R(2) of FSMA | Sections 138I(1) and 333R(4) of FSMA |
(2)Where before the day on which this Act is passed the Financial Conduct Authority publishes a draft of proposed standards for the giving of pensions guidance by designated guidance providers—
(a)the consultation requirement in section 138I of FSMA may be treated as satisfied by virtue of sub-paragraph (1) even if the draft is not accompanied by—
(i)a cost benefit analysis, or
(ii)an explanation of the Financial Conduct Authority’s reasons for believing that setting the proposed standards would secure an appropriate degree of protection for recipients of pensions guidance from designated guidance providers, and
(b)if it is, any resulting standards published under section 138G(4) of FSMA must be accompanied by—
(i)a cost benefit analysis within the meaning of section 138I of that Act even if the conditions in subsection (5) of section 138I are not satisfied, and
(ii)an explanation of the Financial Conduct Authority’s reasons for believing that setting the standards will secure an appropriate degree of protection for recipients of pensions guidance from designated guidance providers.
(3)References in sub-paragraph (2) to provisions of sections 138G and 138I of FSMA are to those provisions as applied with modifications by section 333H(6) of that Act.
(4)Where before the day on which this Act is passed the Financial Conduct Authority publishes a draft of proposed rules requiring information about the availability of pensions guidance to be given by the trustees or managers of a relevant pension scheme to members of the scheme, and survivors of members of the scheme, with subsisting rights in respect of any flexible benefits, the consultation requirement in section 137FB(2) of FSMA may be treated as satisfied by virtue of sub-paragraph (1) even if the only consultation before publication was with the Treasury.
(5)In this paragraph—
“consultation requirement” includes—
a requirement to publish a draft;
a requirement under section 333E(2)(b) or (c) of FSMA;
“FSMA” means the Financial Services and Markets Act 2000.