The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

This section has no associated Explanatory Memorandum

35.  In the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(1)—

(a)in articles 9C(1) and (3); 9D; 9E(1); 9F; 9G(1), (4) and (8); 9H(1); 9K; 54(3); 92; 93(1); 94(1), (3), (4) and (5); 95(1) to (9) and 96, for “the Authority” (wherever appearing) substitute “the FCA”;

(b)in article 9C(3) (persons certified as small issuers etc), for “the authority” substitute “the FCA”;

(c)in article 9D (applications for certificates), for paragraphs (a) to (c), substitute—

“(a)section 55U(1)(b) and (4) to (8);

(b)section 55V;

(c)section 55X(2) and (4)(f); and

(d)section 55Z3(1).”;

(d)in article 9E (revocation of certificate on Authority’s own initiative)—

(i)in the heading, for “Authority’s” substitute “FCA’s”;

(ii)in paragraph (3)—

(aa)for “54 and 55(2)” substitute “55Z and 55Z3(2)”;

(bb)for “the Authority’s” substitute “the FCA’s”;

(e)in article 9G (obtaining information from certified persons etc)—

(i)in subsection (2), for “Section 148” substitute “Section 138A”;

(ii)in subsection (3), for “Section 150” substitute “Section 138D”;

(iii)in subsection (6) for “Authority’s” substitute “Regulator’s”;

(iv)in subsection (7) omit paragraph (a);

(f)in article 9H(2) (rules prohibiting the issue of electronic money at a discount), for “Section 148” substitute “Section 138A”;

(g)in article 35(3)(c) and (d) (international securities self-regulating organisations), for “the Authority” substitute “the FCA and the PRA”;

(h)in article 93(1)(a) (duty to maintain a record of persons carrying on insurance mediation activities), for “section 51(3)” substitute “section 55U(4)”;

(i)in article 95(10) (exclusion from record where no fit and proper to carry on insurance mediation activities), for “Authority” substitute “FCA or PRA”;

(j)in article 96 (exclusion from record where regulator has exercised its powers under Part 20 of the Act), in the heading for “Authority” substitute “FCA”.