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- Point in Time (29/08/2023)
- Original (As enacted)
Version Superseded: 01/01/2024
Point in time view as at 29/08/2023.
Financial Services and Markets Act 2000, PART 1 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Schs. 1ZA, 1ZB substituted for Sch. 1 (24.1.2013 for specified purposes, 19.2.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 3 (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c)(2), Sch. Pts. 2, 3, 4; S.I. 2013/423, art. 3, Sch.
1U.K.In this Schedule—
F2...
“functions”, in relation to the PRA, means functions conferred on the PRA by or under any provision of this Act (see section [F32AB(3)] which affects the meaning of references to such functions).
Textual Amendments
F2Words in Sch. 1ZB para. 1 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(3)(a) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F3Word in Sch. 1ZB para. 1 substituted (1.3.2017) by Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(3)(b) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F410U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F411U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F412U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F413U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F414U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F415U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F416U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 1ZB paras. 2-16 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
17U.K.The PRA must maintain satisfactory arrangements for—
(a)recording decisions made in the exercise of its functions, and
(b)the safe-keeping of those records which it considers ought to be preserved.
F518U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 1ZB para. 18 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(4) (with Sch. 3); S.I. 2017/43, reg. 2(g)
19(1)At least once a year the PRA must make a report to the [F6Chancellor of the Exchequer] on—U.K.
(a)the discharge of its functions,
(b)the extent to which, in its opinion, its objectives have been advanced,
[F7(ba)how it has complied with section 2H(1),]
[F8(bb)how it has complied with the statement of policy on panel appointments prepared under section 2NA in relation to the process for making appointments and the matters considered in determining who is appointed,]
(c)its consideration of the principles in section 3B F9...,
(d)how it has complied with section 3D,
(e)any direction given under section 3I or 3J during the period to which the report relates,
(f)how it has complied with section 354B(1) so far as relating to co-operation with persons outside the United Kingdom, F10...
[F11(fa)any engagement with the statutory panels of the FCA, the PRA or the Payment Systems Regulator, and]
(g)such other matters as the Treasury may from time to time direct.
[F12(1A)In the report the PRA must also report in general terms on—
(a)the extent to which, in its opinion, ring-fenced bodies have complied with the ring-fencing provisions,
(b)steps taken by ring-fenced bodies in order to comply with the ring-fencing provisions,
(c)steps taken by it to enforce the ring-fencing provisions,
(d)the extent to which ring-fenced bodies are carrying on the regulated activity of dealing in investments as principal (whether in the United Kingdom or elsewhere) in circumstances where as a result of an order under section 142D(2) that activity is not an excluded activity,
(e)the extent to which ring-fenced bodies are carrying on activities that would be excluded activities by virtue of an order under section 142D(4) but for an exemption or exclusion made by such an order,
(f)the extent to which ring-fenced bodies are doing things that they would be prohibited from doing by an order under section 142E but for an exemption made by such an order, and
(g)the extent to which ring-fenced bodies appear to it to have acted in accordance with any guidance which it has given to ring-fenced bodies and which relates to the operation of the ring-fencing provisions.
(1B)In sub-paragraph (1A)—
(a)references to “ring-fenced bodies” relate only to ring-fenced bodies that are PRA-authorised persons, and
(b)“the ring-fencing provisions” means ring-fencing rules and the duty imposed as a result of section 142G.]
(2)[F13Sub-paragraphs (1) and (1A) do not] require the inclusion in the report of any information whose publication would in the opinion of the PRA be against the public interest.
(3)The report must be accompanied by—
F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)such other reports or information, prepared by such persons, as the Treasury may from time to time direct.
(4)The [F15Chancellor of the Exchequer] must lay before Parliament a copy of each report received by [F16the Chancellor] under this paragraph.
[F17(5)The Chancellor may comply with sub-paragraph (4) by laying a document containing a report under this paragraph together with a report under section 4 of the Bank of England Act 1998.]
[F18(6)In this paragraph “statutory panel” has the meaning given in section 1RB(5).]
Textual Amendments
F6Words in Sch. 1ZB para. 19(1) substituted (1.3.2017) by Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(5)(a) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F7Sch. 1ZB para. 19(1)(ba) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 130(3)(a)(i), 148(5); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
F8Sch. 1ZB para. 19(1)(bb) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 37(5)(a), 86(3); S.I. 2023/779, reg. 4(aa)
F9Words in Sch. 1ZB para. 19(1)(c) omitted (1.3.2014) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), ss. 130(3)(a)(ii), 148(5); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
F10Word in Sch. 1ZB para. 19(1)(f) omitted (29.8.2023) by virtue of Financial Services and Markets Act 2023 (c. 29), ss. 37(5)(b), 86(3); S.I. 2023/779, reg. 4(aa)
F11Sch. 1ZB para. 19(1)(fa) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 37(5)(c), 86(3); S.I. 2023/779, reg. 4(aa)
F12Sch. 1ZB para. 19(1A)(1B) inserted (1.1.2019) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 5(2), 148(5); S.I. 2018/1306, art. 2(e)
F13Words in Sch. 1ZB para. 19(2) substituted (1.1.2019) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 5(3), 148(5); S.I. 2018/1306, art. 2(e)
F14Sch. 1ZB para. 19(3)(a) omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(5)(b) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F15Words in Sch. 1ZB para. 19(4) substituted (1.3.2017) by Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(5)(c)(i) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F16Words in Sch. 1ZB para. 19(4) substituted (1.3.2017) by Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(5)(c)(ii) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F17Sch. 1ZB para. 19(5) inserted (1.3.2017) by Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(5)(d) (with Sch. 3); S.I. 2017/43, reg. 2(g)
F18Sch. 1ZB para. 19(6) inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 37(6), 86(3); S.I. 2023/779, reg. 4(aa)
Modifications etc. (not altering text)
C1Sch. 1ZB para. 19 applied (14.11.2018) by The Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018 (S.I. 2018/1184), regs. 1(3), 25
C2Sch. 1ZB para. 19 applied (with modifications) (30.9.2020) by The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1055), regs. 1(2), 6(1)(2)(6)
C3Sch. 1ZB para. 19(1) applied (with modifications) (1.4.2013) by The Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013 (S.I. 2013/442), arts. 1(3), 4(2)
20(1)In relation to each report made under paragraph 19, the PRA must publish at the same time as the report an invitation to members of the public to make representations to the PRA, within the 3 months beginning with the date of publication—U.K.
(a)about the report,
(b)about the way in which the PRA has discharged, or failed to discharge, its functions during the period to which the report relates, and
(c)about the extent to which, in their opinion, the PRA's objectives have been advanced [F19[F20including its secondary objectives under] section 2H and has considered the regulatory principles in section 3B] .
(2)The invitation must be published in the way appearing to it to be best calculated to bring the invitation to the attention of the public.
Textual Amendments
F19Words in Sch. 1ZB para. 20(1)(c) substituted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 130(3)(b), 148(5); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
F20Words in Sch. 1ZB para. 20(1)(c) substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 28(11), 86(3); S.I. 2023/779, reg. 4(s)
21(1)The PRA must publish a report about its consultation in accordance with paragraph 20.U.K.
(2)The report must contain an account, in general terms, of any representations received in pursuance of the invitation published under that paragraph.
(3)The report must be published not later than 4 months after the date on which the report under paragraph 19 was published.
Textual Amendments
F21Sch. 1ZB para. 21A and cross-heading inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 39(3), 86(3); S.I. 2023/779, reg. 4(cc)
21A(1)The Treasury may (subject to this paragraph) at any time by direction require the PRA to publish a report containing information about—U.K.
(a)any of the matters mentioned in paragraphs (a) to (f) of paragraph 19(1);
(b)such other matters that the direction may specify.
(2)The Treasury may give a direction under this paragraph requiring information to be published only if the Treasury consider that—
(a)the information is reasonably necessary for the purpose of reviewing and scrutinising the discharge of the PRA’s functions, and
(b)other available information is not sufficient to meet that purpose.
(3)Subject to sub-paragraph (4), the PRA must publish a report prepared under a direction given under this paragraph in such manner, and within such period, as the direction may require.
(4)Nothing in this paragraph requires the inclusion in the report of any information whose publication would be against the public interest.
(5)A direction under this paragraph may not—
(a)require a report to be published more than once in each quarter;
(b)require the publication of information that is confidential information for the purposes of Part 23 (see section 348(2)).
(6)The Treasury must consult the PRA before giving a direction under this paragraph.
(7)In exercising the power under this paragraph, the Treasury must have regard to the desirability of minimising any adverse effect that the preparation of the report required in accordance with the direction may have on the exercise by the PRA of any of its other functions.
(8)The Treasury must—
(a)lay before Parliament a copy of a direction given under this paragraph, and
(b)publish the direction in such manner as the Treasury think fit.
(9)A direction under this paragraph may be varied or revoked by the giving of a further direction.]
F2222U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 1ZB paras. 22-26 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(6) (with Sch. 3); S.I. 2017/43, reg. 3(1) (with reg. 3(2)(3))
F2223U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F22Sch. 1ZB paras. 22-26 omitted (1.3.2017) by virtue of Bank of England and Financial Services Act 2016 (c. 14), s. 41(3), Sch. 2 para. 50(6) (with Sch. 3); S.I. 2017/43, reg. 3(1) (with reg. 3(2)(3))
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