F1PART 1AThe Regulators

Annotations:
Amendments (Textual)
F1

Pt. 1A substituted for Pt. 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), ss. 6(1), 122(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.

CHAPTER 1The Financial Conduct Authority

Interpretation of terms used in relation to FCA's general duties

1HFurther interpretative provisions for sections 1B to 1G

1

The following provisions have effect for the interpretation of sections 1B to 1G.

2

Regulated financial services” means services provided—

a

by authorised persons in carrying on regulated activities;

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

by authorised persons in communicating, or approving the communication by others of, invitations to engage in investment activity F11or to engage in claims management activity;

d

by authorised persons who are investment firms, or F14qualifying credit institutions, in providing relevant ancillary services;

e

by persons acting as appointed representatives;

f

by payment service providers in providing payment services;

g

by electronic money issuers in issuing electronic money;

h

by sponsors to issuers of securities;

i

by primary information providers to persons who issue financial instruments.

3

Financial crime” includes any offence involving—

a

fraud or dishonesty,

b

misconduct in, or misuse of information relating to, a financial market,

c

handling the proceeds of crime, or

d

the financing of terrorism.

4

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

5

“Issuer”, except in the expression “electronic money issuer”, has the meaning given in section 102A(6).

6

Financial instrument” has the meaning given in section 102A(4).

7

Securities” has the meaning given in section 102A(2).

F27A

“Regulated benchmark” means a benchmark, as defined in section 22F12... F8(6A), in relation to which any provision made under section 22(1A)F13...F9(c) has effect.

8

In this section—

  • F4...

  • F4...

  • F15...

  • electronic money” has the same meaning as in the Electronic Money Regulations 2011;

  • electronic money issuer” means a person who is an electronic money issuer as defined in regulation 2(1) of the Electronic Money Regulations 2011 other than a person falling within paragraph (f), (g) or (j) of the definition;

  • F10engage in claims management activity” has the meaning given in section 21;

  • engage in investment activity” has the meaning given in section 21;

  • financial instrument” has the meaning given in section 102A(4);

  • payment services” has the same meaning as in the Payment Services Regulations F52017;

  • payment service provider” means a person who is a payment service provider as defined in regulation 2(1) of the Payment Services Regulations F62017 other than a person falling within paragraph F7(i) or (j) of the definition;

  • primary information provider” has the meaning given in section 89P(2);

  • relevant ancillary service” means any service of a kind mentioned in F16Part 3A of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 the provision of which does not involve the carrying on of a regulated activity;

  • sponsor” has the meaning given in section 88(2).