Financial Services and Markets Act 2000

The Authority’s general duties U.K.

2 The Authority’s general duties. U.K.

(1) In discharging its general functions the Authority must, so far as is reasonably possible, act in a way—

(a) which is compatible with the regulatory objectives; and

(b) which the Authority considers most appropriate for the purpose of meeting those objectives.

(2) The regulatory objectives are—

(a) market confidence;

[F1 (ab) financial stability;]

(b) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the protection of consumers; and

(d) the reduction of financial crime.

(3) In discharging its general functions the Authority must have regard to—

(a) the need to use its resources in the most efficient and economic way;

(b) the responsibilities of those who manage the affairs of authorised persons;

(c) the principle that a burden or restriction which is imposed on a person, or on the carrying on of an activity, should be proportionate to the benefits, considered in general terms, which are expected to result from the imposition of that burden or restriction;

(d) the desirability of facilitating innovation in connection with regulated activities;

(e) the international character of financial services and markets and the desirability of maintaining the competitive position of the United Kingdom;

(f) the need to minimise the adverse effects on competition that may arise from anything done in the discharge of those functions;

(g) the desirability of facilitating competition between those who are subject to any form of regulation by the Authority.

[F3 (h) the desirability of enhancing the understanding and knowledge of members of the public of financial matters (including the UK financial system).]

(4) The Authority’s general functions are—

(a) its function of making rules under this Act (considered as a whole);

(b) its function of preparing and issuing codes under this Act (considered as a whole);

(c) its functions in relation to the giving of general guidance (considered as a whole); and

(d) its function of determining the general policy and principles by reference to which it performs particular functions.

(5) “General guidance” has the meaning given in section 158(5).

Textual Amendments

F1 S. 2(2)(ab) inserted (8.4.2010) by Financial Services Act 2010 (c. 28), ss. 1(2), 26(1)(a)

F2 S. 2(2)(b) omitted (12.10.2010) by virtue of Financial Services Act 2010 (c. 28), ss. 2(2)(a), 26(3); S.I. 2010/2480, art. 2

F3 S. 2(3)(h) inserted (12.10.2010) by Financial Services Act 2010 (c. 28), ss. 2(2)(b), 26(3); S.I. 2010/2480, art. 2

Modifications etc. (not altering text)

C1 S. 2(4)(a) restricted (17.8.2001) by S.I. 2001/2617, arts. 2(a), 4(3), Sch. 2 paras. 9, 11

C2 S. 2(4)(c) restricted (17.8.2001) by S.I. 2001/2617, arts. 2(a), 4(3), Sch. 2 paras. 13-16