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The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013
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The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, Section 64 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Designating instrumentsU.K.
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64.—(1) To designate or modify a relevant instrument or part of a relevant instrument, the FCA must make an instrument in writing which specifies, or more than one instrument in writing which between them specify—
(a)the relevant instrument or part,
(b)any modifications being made to the relevant instrument or part,
(c)the date on which the designation is to come into effect, and
(d)whether the instrument or part is to be treated as having been made by the FCA as a rule under section 137A of the Act or under a specified provision of the Regulated Activities Order.
(2) The FCA must publish each designating instrument in the way appearing to it to be best calculated to bring it to the attention of the public.
(3) A person is not to be taken to have contravened a relevant instrument designated by the FCA if the person shows that, at the time of the alleged contravention, the designating instrument concerned had not been published.
(4) A designating instrument is to be treated as a rule-making instrument for the purposes of section 138H (verification of rules) of the Act M1.
(5) A designating instrument may contain provision other than that required by paragraph (1).
(6) The making of a designating instrument is a legislative function of the FCA for the purposes of paragraph 8(2) of Schedule 1ZA to the Act M2 (arrangements for discharging functions).
Marginal Citations
M1Section 138H was inserted by the Financial Services Act 2012, section 24.
M2Schedule 1ZA was inserted by the Financial Services Act 2012, Schedule 3.
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