C1C2C3C4 Part XV The Financial Services Compensation Scheme

Annotations:
Modifications etc. (not altering text)
C2

Pt. 15 modified (29.9.2008 at 8.00 a.m.) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), art. 29 (with art. 30(6))

C3

Pt. 15 modified (7.10.2008 at 9.30 a.m.) by The Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2644), art. 14 (with art. 15(8)

C4

Pt. 15 modified (8.10.2008 at 12.15 p.m.) by The Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008 (S.I. 2008/2674), art. 15 (with art. 16(8))

The scheme manager

212 The scheme manager.

F31

The scheme manager” means the body corporate established by the Financial Services Authority under this section as originally enacted.

2

The regulators must take such steps as are necessary to ensure that the scheme manager is, at all times, capable of exercising the functions conferred on it by or under this Part or Part 15A.

3

The constitution of the scheme manager must provide for it to have—

a

a chairman; F7...

F8aa

a chief executive (who is to be the accounting officer); and

b

a board (which must include the chairman F9and chief executive ) whose members are the scheme manager’s directors.

4

The chairmanF5, chief executive and other members of the board must be persons appointed, and liable to removal from office, by the F1regulators (acting, in the case of the chairman F6and the chief executive, with the approval of the Treasury).

5

But the terms of their appointment (and in particular those governing removal from office) must be such as to secure their independence from the F2regulators in the operation of the compensation scheme.

6

The scheme manager is not to be regarded as exercising functions on behalf of the Crown.

7

The scheme manager’s F4... officers and staff are not to be regarded as Crown servants.