23.—(1) Subject to paragraph (2), the following bodies are supervisory authorities—
(a)the Authority is the supervisory authority for—
(i)credit and financial institutions which are authorised persons [F1but not excluded money service businesses];
(ii)trust or company service providers which are authorised persons;
(iii)Annex I financial institutions;
[F2(iv)electronic money institutions;]
[F3(v)auction platforms;]
[F4(vi)credit unions in Northern Ireland;]
[F5(vii)recognised investment exchanges;]
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)each of the professional bodies listed in Schedule 3 is the supervisory authority for relevant persons who are regulated by it;
(d)the Commissioners are the supervisory authority for—
(i)high value dealers;
(ii)money service businesses which are not supervised by the Authority;
(iii)trust or company service providers which are not supervised by the Authority or one of the bodies listed in Schedule 3;
(iv)auditors, external accountants and tax advisers who are not supervised by one of the bodies listed in Schedule 3.
[F7(v)bill payment service providers which are not supervised by the Authority;]
[F7(vi)telecommunication, digital and IT payment service providers which are not supervised by the Authority.]
[F8(vii)estate agents]
(e)the Gambling Commission is the supervisory authority for casinos;
(f)DETI is the supervisory authority for—
F9(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)insolvency practitioners authorised by it under article 351 of the Insolvency (Northern Ireland) Order 1989;
(g)the Secretary of State is the supervisory authority for insolvency practitioners authorised by him under section 393 of the Insolvency Act 1986 M1 (grant, refusal and withdrawal of authorisation).
(2) Where under paragraph (1) there is more than one supervisory authority for a relevant person, the supervisory authorities may agree that one of them will act as the supervisory authority for that person.
(3) Where an agreement has been made under paragraph (2), the authority which has agreed to act as the supervisory authority must notify the relevant person or publish the agreement in such manner as it considers appropriate.
(4) Where no agreement has been made under paragraph (2), the supervisory authorities for a relevant person must cooperate in the performance of their functions under these Regulations.
[F10(5) For the purposes of this regulation, a money service business is an “excluded money service business” if it is an authorised person who has permission under the 2000 Act which relates to or is connected with a contract of the kind mentioned in paragraph 23 or paragraph 23B of Schedule 2 to that Act (credit agreements and contracts for hire of goods) but does not have permission to carry on any other kind of regulated activity.]
[F10(6) Paragraph (5) must be read with—
(a)section 22 of the 2000 Act,
(b)any relevant order under that section, and
(c)Schedule 2 to that Act.]
Textual Amendments
F1Words in reg. 23(1)(a)(i) inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 31(5)(a)(i)
F2Reg. 23(1)(a)(iv) inserted (9.2.2011 for specified purposes, 30.4.2011 in so far as not already in force) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 1(2), Sch. 4 para. 19(f) (with reg. 3)
F3Reg. 23(1)(a)(v) inserted (12.12.2011) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), regs. 1(2)(a), 11(5)
F4Reg. 23(1)(a)(vi) inserted (31.3.2012) by The Money Laundering (Amendment No.2) Regulations 2011 (S.I. 2011/2833), regs. 1, 2(a)(i)
F5Reg. 23(1)(a)(vii) inserted (1.10.2012) by The Money Laundering (Amendment) Regulations 2012 (S.I. 2012/2298), regs. 1, 8
F6Reg. 23(1)(b) omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 31(5)(a)(ii)
F7Reg. 23(1)(d)(v)(vi) inserted (1.11.2009) by The Payment Services Regulations 2009 (S.I. 2009/209), reg. 1(2)(c), Sch. 6 para. 6(d)
F8Reg. 23(1)(d)(vii) inserted (31.3.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(5), Sch. 3 para. 2(2)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
F9Reg. 23(1)(f)(i) omitted (31.3.2012) by virtue of The Money Laundering (Amendment No.2) Regulations 2011 (S.I. 2011/2833), regs. 1, 2(a)(ii)
F10Reg. 23(5)(6) inserted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 31(5)(b)
Marginal Citations