SCHEDULES

SCHEDULE 10Performance of functions relating to financial market infrastructure

PART 2Related amendments

Amendments to FSMA 2000

12

(1)

Section 347 (the record of authorised persons etc) is amended as follows.

(2)

In subsection (1)—

(a)

in paragraph (g), for “or Part 9C prohibition order” substitute “, Part 9C prohibition order or Part 18 prohibition order”;

(b)

after paragraph (h), insert—

“(hza)

Part 18 approved person;”.

(3)

In subsection (2)—

(a)

in paragraph (f), after “prohibition order” insert “, Part 9C prohibition order or Part 18 prohibition order”;

(b)

after paragraph (h) insert—

“(ha)

in the case of a person who is a Part 18 approved person—

(i)

the person’s name;

(ii)

the name of the relevant recognised body concerned;

(iii)

if the Part 18 approved person is performing a designated senior management function under an arrangement with a contractor of the relevant recognised body concerned, the name of the contractor;

(iv)

whether a final notice has been given to the person under section 390;

(v)

if so, any information about the matter to which the notice relates which has been published under section 391(4);”.

(4)

In subsection (8), after ““Approved person”” insert “(except in the expression “Part 18 approved person”)”.

(5)

After subsection (8) insert—

“(8ZA)

“Part 18 approved person” means a person in relation to whom the FCA has given its approval under section 309G.”

(6)

In subsection (8A)—

(a)

in the definition of “designated senior management function”, for the words after “function”” substitute “—
  1. (a)

    in relation to an authorised person, has the meaning given by section 59ZB;

  2. (b)

    in relation to a relevant recognised body, has the meaning given by section 309G(3);”.

(b)

at the end insert—

““relevant recognised body” has the same meaning as in Chapter 2A of Part 18 (see section 309A).”

(7)

In subsection (9), after “approval” insert “under section 59”.

(8)

After subsection (9) insert—

“(10)

“The relevant recognised body concerned”, in relation to a Part 18 approved person, means the relevant recognised body on whose application approval under section 309G was given.”