2018 No. 1306 (C. 93)

Banks And Banking

The Financial Services (Banking Reform) Act 2013 (Commencement No. 12) Order 2018

Made

The Treasury make the following Order in exercise of the powers conferred by section 148(5) and (6) of the Financial Services (Banking Reform) Act 20131:

Citation and interpretation1

1

This Order may be cited as the Financial Services (Banking Reform) Act 2013 (Commencement No. 12) Order 2018.

2

In this Order “the Act” means the Financial Services (Banking Reform) Act 2013.

Appointed day for the coming into force of certain provisions of the Act2

1st January 2019 is the appointed day for the coming into force of the following provisions of the Act—

a

section 1 (objectives of Prudential Regulation Authority);

b

section 2 (modification of objectives of Financial Conduct Authority);

c

section 3 (amendment of PRA power of direction);

d

section 4 (ring-fencing of certain activities), so far as that section is not already in force;

e

section 5 (PRA annual report);

f

section 7 (building societies: power to make provision about ring-fencing);

g

section 8 (reviews);

h

section 9 (PRA review of proprietary trading);

i

section 10 (independent review of propriety trading);

j

section 11 (reviews of proprietary trading: interpretation);

k

section 12 (right to obtain documents and information); and

l

section 133 (power of FCA and PRA to make rules applying to parent undertakings), so far as that section is not already in force.

David RutleyCraig WhittakerTwo of the Lords Commissioners of Her Majesty’s Treasury
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st January 2019 the provisions of the Financial Services (Banking Reform) Act 2013 (c. 33) (“the Act”) relating to the ring-fencing regime that are not already in force. This is the twelfth commencement order to be made under the Act that extends to the United Kingdom.

The ring-fencing regime applies to ring-fenced bodies, which are UK institutions that fall within the definition in section 142A of the Financial Services and Markets Act 2000 (“FSMA”). The coming into force of the provisions of the Act set out in this Order will enable the ring-fencing regime to take effect.

An impact assessment of the effect that ring-fencing will have on the costs of business, the voluntary sector and the public sector has been prepared and is available on HM Treasury’s website (www.gov.uk/treasury) or from HM Treasury, 1 Horse Guards Road, London, SW1A 2HQ. No separate impact assessment has been produced for this Order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Section 4 (partially)

1st March 2014

2014/377

Section 4 (for the purpose of inserting section 142H of FSMA)

21st April 2016

2016/512

Section 6

1st March 2014

2014/377

Section 13

31st December 2014

2014/3160

Sections 14 and 15

1st March 2014

2014/377

Section 16

1st April 2014

2014/377

Section 17 (partially)

1st March 2014

2014/377

Section 17 (so far as not already in force)

31st December 2014

2014/3160

Section 18 (partially)

25th July 2014

2014/1819

Section 18 (so far as not already in force)

7th March 2016

2015/490

Section 19

25th July 2014

2014/1819

Section 20 (partially)

25th July 2014

2014/1819

Section 20 (so far as not already in force)

7th March 2016

2015/490

Sections 21 to 26

7th March 2016

2015/490

Sections 27 and 28

25th July 2014

2014/1819

Section 29 (partially)

25th July 2014

2014/1819

Section 29 (for the purpose of inserting section 63F of FSMA)

7th March 2016

2015/490

Section 29 (so far as not already in force)

7th March 2017

2015/490

Section 30 (partially)

25th July 2014

2014/1819

Section 30 (so far as not already in force)

7th March 2016

2015/490

Section 31 (partially)

25th July 2014

2014/1819

Section 31 (so far as not already in force)

7th March 2016

2015/490

Section 32 (partially)

7th March 2016

2015/490

Section 32 (so far as not already in force)

10th May 2016

2016/568

Section 33

25th July 2014

2014/1819

Section 34

7th March 2016

2015/490

Section 35 (partially)

25th July 2014

2014/1819

Section 35 (so far as not already in force)

7th March 2016

2015/490

Sections 36 to 38

7th March 2016

2015/490

Sections 39 to 58

1st March 2014

2014/377

Section 59

1st April 2014

2014/823

Section 60(1), (2), (3) and (7)

1st April 2014

2014/823

Section 60 (so far as not already in force)

1st April 2015

2014/2458

Section 61 (partially)

1st November 2014

2014/2458

Section 61 (so far as not already in force)

1st April 2015

2014/2458

Section 62

1st April 2015

2014/2458

Sections 63 to 66

1st April 2014

2014/823

Section 67(2) (partially)

1st November 2014

2014/2458

Section 67(3), (4) and (5)

1st April 2014

2014/823

Section 67 (so far as not already in force)

1st April 2015

2014/2458

Sections 68 to 110

1st March 2014

2014/377

Sections 111 to 120 (partially)

13th July 2018

2018/848

Section 121(1) (partially)

1st March 2014

2014/377

Section 121(3) (partially)

1st March 2014

2014/377

Section 121 (partially)

13th July 2018

2018/848

Sections 122 to 128 (partially)

13th July 2018

2018/848

Section 129 (partially)

1st November 2014

2014/2458

Section 129 (so far as not already in force)

1st April 2015

2014/2458

Section 130

1st March 2014

2014/377

Section 132

1st March 2014

2014/377

Section 133(1) (for the purpose of inserting section 192JB of FSMA)

31st December 2014

2014/3160

Section 133(1) (for the purpose of inserting section 192JA of FSMA)

21st April 2016

2016/512

Section 133(2)(a)

31st December 2014

2014/3160

Sections 134 to 137

1st March 2014

2014/377

Section 139

21st March 2014

2014/772

Section 140(1) to (3)

21st March 2014

2014/772

Section 140(4) to (6)

21st March 2014

2014/785

Section 141 (partially)

1st March 2014

2014/377

Section 141 (so far as not already in force)

1st April 2014

2014/377

Schedule 1

1st March 2014

2014/377

Schedule 2, paragraph 4 (for the purpose of inserting section 48P of the Banking Act

2009)

1st March 2014

2014/377

Schedule 2, paragraph 6(8) (for the purpose of inserting sections 60A and 60B of the Banking Act 2009)

1st March 2014

2014/377

Schedule 2 (so far as not already in force)

31st December 2014

2014/3160

Schedule 3, paragraph 2 (partially)

25th July 2014

2014/1819

Schedule 3, paragraphs 7, 8, 9, 16(b)(i), 17(b)(i), 19(2)(b)(i) and 19(3)(b)(i)

25th July 2014

2014/1819

Schedule 3 (so far as not already in force)

7th March 2016

2015/490

Schedules 4 and 5

1st March 2014

2014/377

Schedule 6, paragraph 6 (partially)

1st March 2014

2014/377

Schedule 6 (partially)

13th July 2018

2018/848

Schedule 7 (partially)

13th July 2018

2018/848

Schedule 8, paragraphs 3 and 9 (both partially)

1st November 2014

2014/2458

Schedule 8, paragraphs 4, 5 and 7

1st November 2014

2014/2458

Schedule 8 (so far as not already in force)

1st April 2015

2014/2458

Schedule 9, paragraph 4

26th March 2015

2015/428

Schedule 10 paragraphs 1, 2 and 4 to 9

1st March 2014

2014/377

Schedule 10 paragraph 3

1st April 2014

2014/377

Schedule 10 paragraph 10 (partially)

1st March 2014

2014/377

Schedule 10 paragraph 10 (so far as not already in force)

1st June 2014

2014/377