F1PART 9ARules and Guidance
CHAPTER 5Power to make consequential amendments
141APower to make consequential amendments of references to rules etc.
(1)
This section applies if—
(a)
a provision of primary or subordinate legislation (whenever passed or made) contains a reference (however expressed) to rules of either regulator or to guidance of the FCA,
(b)
it appears to the Treasury or the Secretary of State that the reference requires amendment in consequence of the exercise by that regulator of its power under this Part to make, alter or revoke its rules or the exercise by the FCA of its power to make, alter or revoke its guidance.
(2)
The Treasury or the Secretary of State may by order make such amendment of the legislation referred to in subsection (1)(a) as appears to them to be necessary or expedient in consequence of the exercise by the regulator of the power mentioned in subsection (1)(b).
(3)
The power conferred by subsection (2) includes power—
(a)
to replace a reference to the rules of one regulator with a reference to the rules of the other regulator or to the rules of both regulators;
(b)
to replace a reference to the rules of both regulators with a reference to the rules of one regulator.
(4)
In subsection (1)(a) “subordinate legislation” does not include rules of either regulator.
F2(5)
A regulator's power under Part 2 of the Powers Regulations to amend its rules is treated for the purposes of this section as a power under this Part; and for this purpose “the Powers Regulations” means the Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115).