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Financial Services and Markets Act 2000

Status:

This is the original version (as it was originally enacted).

The regulatory objectives

3Market confidence

(1)The market confidence objective is: maintaining confidence in the financial system.

(2)“The financial system” means the financial system operating in the United Kingdom and includes—

(a)financial markets and exchanges;

(b)regulated activities; and

(c)other activities connected with financial markets and exchanges.

4Public awareness

(1)The public awareness objective is: promoting public understanding of the financial system.

(2)It includes, in particular—

(a)promoting awareness of the benefits and risks associated with different kinds of investment or other financial dealing; and

(b)the provision of appropriate information and advice.

(3)“The financial system” has the same meaning as in section 3.

5The protection of consumers

(1)The protection of consumers objective is: securing the appropriate degree of protection for consumers.

(2)In considering what degree of protection may be appropriate, the Authority must have regard to—

(a)the differing degrees of risk involved in different kinds of investment or other transaction;

(b)the differing degrees of experience and expertise that different consumers may have in relation to different kinds of regulated activity;

(c)the needs that consumers may have for advice and accurate information; and

(d)the general principle that consumers should take responsibility for their decisions.

(3)“Consumers” means persons—

(a)who are consumers for the purposes of section 138; or

(b)who, in relation to regulated activities carried on otherwise than by authorised persons, would be consumers for those purposes if the activities were carried on by authorised persons.

6The reduction of financial crime

(1)The reduction of financial crime objective is: reducing the extent to which it is possible for a business carried on—

(a)by a regulated person, or

(b)in contravention of the general prohibition,

to be used for a purpose connected with financial crime.

(2)In considering that objective the Authority must, in particular, have regard to the desirability of—

(a)regulated persons being aware of the risk of their businesses being used in connection with the commission of financial crime;

(b)regulated persons taking appropriate measures (in relation to their administration and employment practices, the conduct of transactions by them and otherwise) to prevent financial crime, facilitate its detection and monitor its incidence;

(c)regulated persons devoting adequate resources to the matters mentioned in paragraph (b).

(3)“Financial crime” includes any offence involving—

(a)fraud or dishonesty;

(b)misconduct in, or misuse of information relating to, a financial market; or

(c)handling the proceeds of crime.

(4)“Offence” includes an act or omission which would be an offence if it had taken place in the United Kingdom.

(5)“Regulated person” means an authorised person, a recognised investment exchange or a recognised clearing house.

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