Financial Services and Markets Act 2000

427 Transitional provisions. U.K.

(1) Subsections (2) and (3) apply to an order under section 426 which makes transitional provisions or savings.

(2) The order may, in particular—

(a) if it makes provision about the authorisation and permission of persons who before commencement were entitled to carry on any activities, also include provision for such persons not to be treated as having any authorisation or permission (whether on an application to [F1 a regulator] or otherwise);

(b) make provision enabling [F1 a regulator] to require persons of such descriptions as it may direct to re-apply for permissions having effect by virtue of the order;

(c) make provision for the continuation as rules of such provisions (including primary and subordinate legislation) as may be designated in accordance with the order by [F1 a regulator], including provision for the modification by [F1 a regulator] of provisions designated;

(d) make provision about the effect of requirements imposed, liabilities incurred and any other things done before commencement, including provision for and about investigations, penalties and the taking or continuing of any other action in respect of contraventions;

(e) make provision for the continuation of disciplinary and other proceedings begun before commencement, including provision about the decisions available to bodies before which such proceedings take place and the effect of their decisions;

(f) make provision as regards [F2 the FCA’s] obligation to maintain a record under section 347 as respects persons in relation to whom provision is made by the order.

(3) The order may—

(a) confer functions on the Treasury, the Secretary of State, [F3 a regulator], the scheme manager, the scheme operator, members of the panel established under paragraph 4 of Schedule 17 [F4 or the Competition and Markets Authority];

(b) confer jurisdiction on the Tribunal;

(c) provide for fees to be charged in connection with the carrying out of functions conferred under the order;

(d) modify, exclude or apply (with or without modifications) any primary or subordinate legislation (including any provision of, or made under, this Act).

(4) In subsection (2) “commencement” means the commencement of such provisions of this Act as may be specified by the order.

Textual Amendments

F1 Words in s. 427(2)(a)-(c) substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 68(2)(a), 86(3); S.I. 2023/779, reg. 4(tt)

F2 Words in s. 427(2)(f) substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 68(2)(b), 86(3); S.I. 2023/779, reg. 4(tt)

F3 Words in s. 427(3)(a) substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 68(2)(c), 86(3); S.I. 2023/779, reg. 4(tt)

F4 Words in s. 427(3)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 132 (with art. 3)