Financial Services and Markets Act 2000

Financial Services and Markets Act 2000

2000 CHAPTER 8

Commentary on Sections

Schedule 7: the Authority as Competent Authority for Part Vi

Paragraph 1: General

811. This paragraph applies the provisions of the rest of the Act  to the Authority, with certain modifications, when it is exercising the competent authority function.  The remaining provisions of the Schedule set out what these modifications are.

Paragraph 2: The Authority's general functions

812. This paragraph disapplies the Authority's general duties under section 2 by ensuring that the definition of its general functions in section 2(4) does not include functions of the competent authority under Part VI.  (Section 2(4)(b) is not mentioned since the competent authority does not have a statutory function of making codes.)  However the competent authority is placed under a separate obligation, by section 73, to follow analogous principles.

Paragraph 3: Duty to consult

813. This paragraph disapplies section 8 which places a duty on the Authority to make arrangements for consulting practitioners and consumers.  The competent authority already has a listing committee which it consults and which the Authority has said will continue in operation following the transfer of functions from the Stock Exchange to the Authority.

Paragraph 4: Rules

814. Under this paragraph, section 155, which relates to consultation on rules, is applied with appropriate modifications to the listing rules made by the competent authority.

Paragraph 5: Statements of policy

815. This paragraph deals with statements of policy made by the competent authority under section 93.  It has the effect of requiring that when the Authority publishes such statements, it must not delegate this function, but must act through its governing body, as provided for in paragraph 5 of Schedule 1.

Paragraphs 6 and 7: Penalties and fees

816. This paragraph disapplies provisions of Schedule 1 which would otherwise apply to the imposition of penalties by the competent authority, because these matters are provided for separately in section 100.  Similar provision is also made, in paragraph 17 of Schedule 1, in relation to the charging of fees for which separate provision for the competent authority is made in section 99.

Paragraph 8: Exemption from liability in damages

817. The competent authority has exemption from liability in damages under section 102 and accordingly this paragraph modifies paragraph 19 of Schedule 1 which deals with similar issues for the Authority in its general regulatory role.