The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013

  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation, commencement and interpretation

  3. PART 2 Amendments of the Regulated Activities Order

    1. 2.Amendments of the Regulated Activities Order

    2. 3.Definitions etc.

    3. 4.Credit broking etc.

    4. 5.Activities relating to debt

    5. 6.Entering into etc. a regulated credit agreement

    6. 7.The investments

    7. 8.Provision of credit information services

    8. 9.Other amendments

  4. PART 3 Amendments of the Act etc.

    1. 10.Amendments of the Act

    2. 11.Transitional and savings provisions related to article 10

    3. 12.Obligations of certain persons who carry on credit broking

  5. PART 4 Amendments of secondary legislation made under the Act

    1. 13.The Financial Services and Markets Act 2000 (Carrying on Regulated Activities By Way of Business) Order 2001

    2. 14.The Financial Services and Markets Act 2000 (Exemption) Order 2001

    3. 15.The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001

    4. 16.The Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001

    5. 17.The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

    6. 18.The Financial Services and Markets Act 2000 (Ombudsman Scheme) (Consumer Credit Jurisdiction) Order 2007

    7. 19.The Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009

  6. PART 5 Amendments of the Consumer Credit Act 1974 etc.

    1. 20.Amendments of the 1974 Act

  7. PART 6 Amendments to secondary legislation made under the 1974 Act

    1. 21.Revocation of secondary legislation made under the 1974 Act

    2. 22.Saving provision related to article 21

    3. 23.The Consumer Credit (Agreements) Regulations 1983

    4. 24.The Consumer Credit (Early Settlement) Regulations 2004

    5. 25.The Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007

    6. 26.The Consumer Credit (Disclosure of Information) Regulations 2010

    7. 27.The Consumer Credit (Agreements) Regulations 2010

  8. PART 7 Consequential amendments and transitional provisions

    1. 28.Consequential amendments to other legislation etc.

  9. PART 8 Transitional provisions

    1. CHAPTER 1 Interpretation

      1. 29.Interpretation of Part 8

    2. CHAPTER 2 Licensing etc.

      1. 30.Meaning of “relevant person” in Chapter 2

      2. 31.Applications for a standard licence where no determination made before 1st April 2014

      3. 32.Applications for a standard licence where determination has been made but appeal period has not ended

      4. 33.Variation of licence at request of licensee where no determination made before 1st April 2014

      5. 34.Variation of licence at request of licensee where determination has been made but appeal period has not ended

      6. 35.Compulsory variation of a licence where no determination to vary made before 1st April 2014

      7. 36.Compulsory variation of a licence where determination to vary made before 1st April 2014

      8. 37.Revocation etc. of licence where no determination made before 1st April 2014

      9. 38.Revocation etc. of licence where determination made before 1st April 2014

      10. 39.Suspension of licence where determination made before 1st April 2014 but not confirmed

      11. 40.Suspension of licence where determination made before 1st April 2014 and confirmed

      12. 41.Imposition of requirements etc. where no determination made before 1st April 2014

      13. 42.Imposition of requirements etc. where determination made but appeal period has not ended

      14. 43.Failure to comply with information requirement

      15. 44.Civil penalties – where no determination made before 1st April 2014

      16. 45.Civil penalties – where determination made but appeal period has not ended

      17. 46.Civil penalties – where determination made before 1st April 2014 and penalty due

      18. 47.Civil penalties – where no formal action taken before 1st April 2014

      19. 48.Enforcement of agreements made by unlicensed trader

      20. 48A.Enforcement of agreements for ancillary credit services

      21. 48B.Enforcement of agreements made on introductions by unlicensed credit-broker

      22. 49.Offences committed under the 1974 Act before 1st April 2014

      23. 50.Information and investigation powers

      24. 51.Applications made to the OFT which have not been determined by 1st April 2014

      25. 52.Decision notices

      26. 53.Waivers

    3. CHAPTER 3 Appeals

      1. 54.Appeals – where steps taken before 1st April 2014

      2. 55.Appeals – where no steps taken before 1st April 2014

    4. CHAPTER 4 Permission etc.

      1. 56.Interim permission

      2. 57.Procedure for notifying FCA

      3. 58.Duration of interim permission

      4. 59.Application of the Act to persons with an interim permission

      5. 59A.Application of article 72B of the Regulated Activities Order to persons with an interim permission

      6. 60.Grandfathered permission for certain debt-counsellors

    5. CHAPTER 5 Rules and guidance

      1. 61.Credit-related rules and guidance made by the FCA

      2. 62.Credit-related rules made by the PRA

      3. 63.Designation of provisions made under the 1974 Act

      4. 64.Designating instruments

    6. CHAPTER 6 Miscellaneous

      1. 65.Definition of “consumers”

      2. 66.Information sharing

  10. Signature

    1. SCHEDULE

      1. PART 1 Amendments of other Acts of Parliament

        1. 1.Companies Act 1985

        2. 2.Courts and Legal Services Act 1990

        3. 3.Agriculture and Forestry (Financial Provisions) Act 1991

        4. 4.Tribunals and Inquiries Act 1992

        5. 5.Railways Act 1993

        6. 6.Teaching and Higher Education Act 1998

        7. 7.Criminal Justice and Police Act 2001

        8. 8.Proceeds of Crime Act 2002

        9. 9.Income Tax (Earnings and Pensions) Act 2003

        10. 10.Consumer Credit Act 2006

        11. 11.Companies Act 2006

        12. 12.Income Tax Act 2007

        13. 13.Legal Services Act 2007

        14. 14.Sale of Student Loans Act 2008

        15. 15.Counter-Terrorism Act 2008

        16. 16.Corporation Tax Act 2009

        17. 17.Energy Act 2011

      2. PART 2 Amendments of secondary legislation etc.

        1. 18.The Estate Agents (Specified Offences) (No. 2) Order 1991

        2. 19.The Education (Student Loans) Regulations (Northern Ireland) 1998

        3. 20.The Education (Student Loans) Regulations 1998

        4. 21.The Education (Student Support) (Northern Ireland) Order 1998

        5. 22.The Representation of the People (England and Wales) Regulations 2001

        6. 23.The Representation of the People (Scotland) Regulations 2001

        7. 24.The Education (Student Support) Regulations (Northern Ireland) 2002

        8. 25.The High Court Enforcement Officers Regulations 2004

        9. 26.The Financial Services (Distance Marketing) Regulations 2004

        10. 27.The Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No 2) Order 2005

        11. 28.The Gender Recognition (Disclosure of Information) (Scotland) Order 2005

        12. 29.The Education (Student Loans for Tuition Fees) (Scotland) Regulations 2006

        13. 30.The Education (Student Loans) (Scotland) Regulations 2007

        14. 31.The Money Laundering Regulations 2007

        15. 32.Transitional provision in relation to the Money Laundering Regulations 2007

        16. 33.The Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007

        17. 34.The Graduate Endowment (Scotland) Regulations 2008

        18. 35.The Supply of Information (Register of Deaths) (England and Wales) Order 2008

        19. 36.The Supply of Information (Register of Deaths) (Northern Ireland) Order 2008

        20. 37.The Representation of the People (Northern Ireland) Regulations 2008

        21. 38.The Cancellation of Contracts made in a Consumer's Home or Place of Work etc. Regulations 2008

        22. 39.The Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2009

        23. 40.The Payment Services Regulations 2009

        24. 41.The Education (Student Loans) (Repayment) Regulations 2009

        25. 42.The Electronic Money Regulations 2011

        26. 43.The Debt Arrangement Scheme (Scotland) Regulations 2011

        27. 44.The Green Deal Framework (Disclosure, Acknowledgement, Redress etc.) Regulations 2012

        28. 45.The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013

      3. PART 3 Amendments of other legislation

        1. 46.The Housing (Scotland) Act 2006

  12. Explanatory Note