Valid from 31/12/2020

SCHEDULEU.K.Consequential amendments

PART 1 U.K.The Financial Services and Markets Act 2000 (c. 8)

1.  The Financial Services and Markets Act 2000 M1 is amended as follows.U.K.

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2.  In section 3E (memorandum of understanding) M2, omit subsection (2)(f) and (k).U.K.

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M2Inserted by section 6(1) of the Financial Services Act 2012 (c. 21).

3.  Omit section 34 (EEA firms) M3.U.K.

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M3Amended by paragraph 27 of Schedule 4 to the Financial Services Act 2012 (c. 21).

4.  Omit section 35 (Treaty firms) M4.U.K.

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M4Amended by paragraph 28 of Schedule 4 to the Financial Services Act 2012 (c. 21).

5.  In section 55A (application for permission) M5, omit subsection (4).U.K.

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M5Inserted by section 11(2) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2018/135.

6.  In section 55Q (exercise of power in support of overseas regulator) M6, omit subsection (2).U.K.

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M6Inserted by section 11(2) of the Financial Services Act 2012 (c. 21).

7.  In section 55R (persons connected with an applicant) M7, omit subsections (2) to (3B).U.K.

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M7Inserted by section 11(2) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2017/701.

8.—(1) Section 55X (determination of applications: warning notices and decision notices) M8 is amended as follows.U.K.

(2) In subsection (2), omit “(unless subsection (3) applies)”.

(3) Omit subsection (3).

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M8Inserted by section 11(2) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2018/135.

9.  In section 137A (the FCA's general rules) M9, omit subsection (5).U.K.

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M9Inserted by section 24(1) of the Financial Services Act 2012 (c. 21).

10.  In section 137G (the PRA's general rules) M10, omit subsection (5).U.K.

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M10Inserted by section 24(1) of the Financial Services Act 2012 (c. 21).

11.  In section 168 (appointment of persons to carry out investigations in particular cases) M11, in subsection (1)(b), omit “or under Schedule 4”.U.K.

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M11Amended by paragraph 8(1) and (2) of Schedule 12 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680.

12.  Omit Part 13 (incoming firms: intervention by FCA or PRA), except for, in section 195 (exercise of power in support of overseas regulator), subsections (3) and (4).U.K.

13.  Omit Part 13A (enhanced supervision of firms exercising rights under the Insurance Distribution Directive) M12.U.K.

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M12Inserted by S.I. 2018/546.

14.  In section 213 (the compensation scheme) M13, omit subsections (10) and (11).U.K.

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M13Amended by S.I. 2011/1613.

15.  In section 214 (provisions of the scheme: general), omit subsection (5).U.K.

16.  In section 224 (scheme manager's power to inspect documents held by Official Receiver etc.), omit subsection (4).U.K.

17.  In section 234K (duty to consider exercise of powers under Competition Act 1998) M14, in subsection (3), omit paragraph (f).U.K.

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M14Inserted by paragraphs 1 and 3 of Schedule 8 to the Financial Services (Banking Reform) Act 2013 (c. 33).

18.  In section 313D (interpretation of Part 18A) M15, in subsection (1), in the definition of “institution”, omit from “but does not include” to the end.U.K.

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M15Inserted by S.I. 2007/126 and amended by section 36(a) of the Financial Services Act 2012 (c. 21), S.I. 2013/3115 and S.I. 2017/701.

19.  Omit section 368 (winding-up petitions: EEA and Treaty firms) M16.U.K.

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M16Amended by paragraphs 1 and 15 of Schedule 14 to the Financial Services Act 2012 (c. 21).

20.—(1) Section 425 (expressions relating to authorisation elsewhere in the single market) M17 is amended as follows.U.K.

(2) Omit subsection (2).

(3) In the heading, omit “elsewhere”.

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M17Amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3253, S.I. 2012/1906, S.I. 2013/1773, S.I. 2013/3115, S.I. 2015/575 and S.I. 2015/910.

21.  In Schedule 1ZA (the Financial Conduct Authority) M18, in Part 3 (penalties and fees), omit paragraph 24(a) (together with the final “or”).U.K.

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M18Inserted by Schedule 3 to the Financial Services Act 2012 (c. 21).

22.  In Schedule 1ZB (the Prudential Regulation Authority) M19, in Part 3 (penalties and fees), omit paragraph 32(a) (together with the final “or”).U.K.

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M19Inserted by Schedule 3 to the Financial Services Act 2012 (c. 21).

23.—(1) Schedule 6 (threshold conditions) is amended as follows.U.K.

(2) Omit Part 1F (authorisation under Schedule 3) M20.

(3) Omit Part 1G (authorisation under Schedule 4) M21.

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M20Inserted by S.I. 2013/555.

M21Inserted by S.I. 2013/555.