F1SCHEDULE 17A Further provision in relation to exercise of Part 18 functions , or other FMI functions, by Bank of England
Part 4 Fees
36
(1)
The Bank of England may, in connection with the discharge of any of its qualifying functions, require recognised clearing housesF2, F3... F4third country central counterparties, recognised CSDs F5... or settlement internalisers (as defined in point (11) of Article 2(1) of the CSD regulation) to pay fees to the Bank.
(2)
The “qualifying functions” of the Bank are—
(a)
its functions under or as a result of this Part of this Act, F6...
(b)
F10(ba)
its functions under or as a result of regulations made under section 8 of the European Union (Withdrawal) Act 2018; and
(c)
its functions under or as a result of Part 7 of the Companies Act 1989.
(3)
The power of the Bank to set fees includes power to set fees for the purpose of meeting expenses incurred by it or the FCA—
(a)
in preparation for the exercise of functions by the Bank under this Part of this Act, F11...
(b)
for the purpose of facilitating the exercise by the Bank of those functions or otherwise in connection with their exercise by it F12or
F13(c)
in preparation for the exercise of functions by the Bank under Article 9(1) of the CSD regulation.
(4)
It is irrelevant when the expenses were incurred (and, in particular, it is irrelevant if expenses were incurred by the FCA at a time when it was known as the Financial Services Authority).