The Short Selling Regulations 2025

Regulations 24, 25 and 26

Schedule 1 Application of FSMA 2000

Part 1 Application of FSMA 2000 for the purposes of Parts 4 and 5

1.  The provisions of FSMA 2000 mentioned in the Table in paragraph 3 apply for the purposes of Parts 4 and 5 of these Regulations in accordance with—

(a) the general modifications mentioned in paragraph 2 (unless otherwise specified in the Table in relation to a particular provision),

(b) the specific modifications (if any) mentioned in the Table in relation to a particular provision, and

(c) any other necessary modifications.

2.  The general modifications are—

(a) references to a regulator are to be read as references to the FCA;

(b) references to an authorised person are to be read as references to a person who is subject to a requirement imposed by or under Part 4 or 5 of these Regulations (and references to a person who has at any time been an authorised person are to be read accordingly).

3.  This Table sets out the applied provisions of FSMA 2000 in the first column with specific modifications in relation to an applied provision mentioned in the corresponding entry in the second column—

Provision of FSMA 2000	Modifications etc
Section 1L(2) and (3)(1).	Applies as if— (a) in subsection (2), the reference to persons other than authorised persons were a reference to persons subject to requirements under Part 4 or 5 of these Regulations; (b) in subsection (2) and (3), the requirements referred to included requirements imposed on persons by or under Part 4 or 5 of these Regulations.
Section 66 (disciplinary powers)(2)
Section 66A (misconduct: action by FCA)(3)	(1) The general modification in paragraph 2(b) does not apply in relation to the references to authorised persons in this section. (2) Applies as if, in subsection (4), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Sections 67 to 70 (misconduct procedure)(4)
Sections 71V, 71W, 71X and 71Y (procedure for directions, including appeals)(5)	Apply as if references to a relevant Part 5A direction were references to a direction given under regulation 21 or 23 of these Regulations.
Section 165 (regulators’ power to require information: authorised persons etc.)(6)	Applies as if, in subsection (4)(a), the functions referred to were the functions conferred on the FCA by Part 4 or 5 of these Regulations.
Section 166 (reports by skilled persons)(7)
Section 167 (appointment of persons to carry out general investigations)(8)
Section 168 (appointment of persons to carry out investigations in particular cases)(9)	Applies as if, in subsection (4), in the list of circumstances suggesting the specified matters, there were included an entry for circumstances suggesting that a person may have contravened any requirement imposed by or under Part 4 or 5 of these Regulations.
Section 169 (investigations etc. in support of overseas regulator)(10)	Applies as if references to an overseas regulator were to an authority in a country or territory outside the United Kingdom which has functions corresponding to those of the FCA under these Regulations.
Section 170 (investigations: general)(11)
Section 171 (powers of person appointed under section 167)(12)
Section 172 (additional power of persons appointed as a result of section 168(1) or (4))
Section 174 (admissibility of statement made to investigators)(13)
Section 175 (information and documents: supplemental provision)(14)
Section 176 (entry of premises under warrant)(15)
Section 176A (retention of documents taken under section 176)(16)
Section 177 (offences)(17)
Section 177A (interpretation of Part 11)(18)
Section 204A (meaning of “relevant requirement” etc. for purposes of Part 14)(19)	Applies as if, in subsections (2) and (6), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 205 (public censure)(20)
Section 206 (financial penalties)(21)
Section 206B (prohibition or restriction on carrying on of relevant designated activities)(22).	Applies as if— (a) the references to relevant designated activity were references to the activities specified in regulation 4, and (b) the reference in subsection (1) to a relevant Part 5A requirement were a reference to a requirement imposed by or under Part 5 of these Regulations.
Section 207 (proposal to take disciplinary measures)(23)
Section 208 (decision notice)(24)
Section 208A (applications under section 206B(4): procedure and right to refer to Tribunal)(25)
Section 209 (publication)(26)
Section 210 (statements of policy)(27)
Section 211 (statements of policy: procedure)(28)
Section 380 (injunctions)(29)	Applies as if, in subsection (6)(a), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 382 (restitution orders)(30)	Applies as if, in subsection (9)(a), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 384 (power of FCA or PRA to require restitution)(31)	Applies as if, in subsection (7), the list of requirements included a requirement imposed by or under Part 4 or 5 of these Regulations.
Section 385 (warning notices)(32)
Section 386 (decision notices)(33)
Section 387 (warning notices: procedure etc.)(34)
Section 388 (decision notices: procedure etc.)(35)
Sections 389 and 390 (conclusion of proceedings)(36)
Section 391 (publication)(37)
Sections 392 to 394 (third party rights and access to evidence)(38)
Section 395 (FCA’s and PRA’s procedures)(39)
Section 396 (statements under section 395: consultation)(40)
Section 400 (offences by bodies corporate etc.)(41)
Section 401 (proceedings for offences)(42)
Section 403 (jurisdiction and procedure in respect of offences)(43)
Section 413 (protected items)	Applies as if, in subsection (1), the reference to FSMA 2000 included a reference to Part 4 or 5 of these Regulations.
Section 415AA (application of powers to formerly authorised persons)(44)
Section 415B (consultation in relation to taking certain enforcement action)(45)
Paragraphs 19 to 22 of Schedule 1ZA (the FCA: penalties)(46)	The general modification in paragraph 2(b) does not apply in relation to references to authorised persons in paragraph 21 of Schedule 1ZA.

Part 2 Application of FSMA 2000 for the purposes of regulation 25

4.  The provisions of FSMA 2000 mentioned in the Table in paragraph 6 apply for the purposes of regulation 25 in accordance with—

(a) the general modifications mentioned in paragraph 5 (unless otherwise specified in the Table in relation to a particular provision),

(b) the specific modifications (if any) mentioned in the Table in relation to a particular provision, and

(c) any other necessary modifications.

5.  The general modifications are—

(a) references to a regulator are to be read as references to the FCA;

(b) references to an authorised person are to be read as references to a person from whom the FCA has requested information or documents by virtue of regulation 25.

6.  This Table sets out the applied provisions of FSMA 2000 in the first column with specific modifications in relation to an applied provision mentioned in the corresponding entry in the second column—

Provision of FSMA 2000	Modifications etc
Section 1L(2) and (3)	Applies as if— (a) in subsection (2), the reference to persons other than authorised persons were a reference to persons subject to requirements imposed by virtue of regulation 25; (b) in subsections (2) and (3), the requirements referred to included requirements imposed on persons by virtue of regulation 25.
Section 66 (disciplinary powers)
Section 66A (misconduct: action by FCA)	(1) The general modification in paragraph 5(b) does not apply in relation to the references to authorised persons in this section. (2) Applies as if, in subsection (4), the list of requirements included a requirement imposed by virtue of regulation 25.
Sections 67 to 70 (misconduct procedure)
Section 168 (appointment of persons to carry out investigations in particular cases)
Section 169 (investigations etc. in support of overseas regulator)	Applies as if— (a) references to an overseas regulator were to an authority in a country or territory outside the United Kingdom which has functions corresponding to those of the FCA under these Regulations, and (b) subsection (1)(b) were omitted.
Section 170 (investigations: general)
Section 171 (powers of person appointed under section 167)
Section 172 (additional power of persons appointed as a result of section 168(1) or (4))
Section 174 (admissibility of statement made to investigators)
Section 175 (information and documents: supplemental provision)
Section 176 (entry of premises under warrant)	Applies as if references to the second set of conditions were omitted.
Section 176A (retention of documents taken under section 176)
Section 177 (offences)	Applies as if the references to a person or the defaulter in subsections (1), (2), (4) and (5) were references to— (a) an authorised person, (b) a person who has been an authorised person, (c) a person who is for the purposes of section 165 of FSMA 2000 connected with an authorised person or with a person who has been an authorised person, where “authorised person” has the meaning given in section 31(2) of FSMA 2000, and not the modified meaning in paragraph 5(b).
Section 177A (interpretation of Part 11)
Section 204A (meaning of “relevant requirement” etc. for purposes of Part 14)	Applies as if, in subsections (2) and (6), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 205 (public censure)
Section 206 (financial penalties)
Section 206A (suspending permission to carry on regulated activities etc.)	(1) The general modification in paragraph 5(b) does not apply in relation to references to authorised persons in this section. (2) Applies as if the reference to a relevant requirement in subsection (1) were a reference to a requirement imposed by virtue of regulation 25.
Section 206B (prohibition or restriction on carrying on of relevant designated activities)	Applies as if— (a) the references to relevant designated activity were references to the activities specified in regulation 4, and (b) the reference in subsection (1) to a relevant Part 5A requirement were a reference to a requirement imposed by virtue of regulation 25.
Section 207 (proposal to take disciplinary measures)
Section 208 (decision notice)
Section 209 (publication)
Section 210 (statements of policy)
Section 211 (statements of policy: procedure)
Section 380 (injunctions)	Applies as if, in subsection (6)(a), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 382 (restitution orders)	Applies as if, in subsection (9)(a), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 384 (power of FCA or PRA to require restitution)	Applies as if, in subsection (7), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 385 (warning notices)
Section 386 (decision notices)
Section 387 (warning notices: procedure etc.)
Section 388 (decision notices: procedure etc.)
Section 389 and 390 (conclusion of proceedings)
Section 391 (publication)
Sections 392 to 394 (third party rights and access to evidence)
Section 395 (FCA’s and PRA’s procedures)
Section 396 (statements under section 395: consultation)
Section 400 (offences by bodies corporate etc.)
Section 401 (proceedings for offences)
Section 403 (jurisdiction and procedure in respect of offences)
Section 413 (protected items)	Applies as if, in subsection (1), the reference to a requirement under FSMA 2000 included a reference to a requirement imposed by virtue of regulation 25.
Section 415AA (application of powers to formerly authorised persons)
Section 415B (consultation in relation to taking certain enforcement action)
Paragraphs 19 to 22 of Schedule 1ZA (the FCA: penalties)	The general modification in paragraph 5(b) does not apply in relation to references to authorised persons in paragraph 21 of Schedule 1ZA.

Part 3 Application of FSMA 2000 for the purposes of regulation 26

7.  The provisions of FSMA 2000 mentioned in the Table in paragraph 9 apply for the purposes of regulation 26 in accordance with—

(a) the general modifications mentioned in paragraph 8 (unless otherwise specified in the Table in relation to a particular provision),

(b) the specific modifications (if any) mentioned in the Table in relation to a particular provision, and

(c) any other necessary modifications.

8.  The general modifications are—

(a) references to a regulator are to be read as references to the FCA;

(b) references to an authorised person are to be read as references to a person in relation to whom the FCA may publish a statement or impose a penalty by virtue of regulation 26 (and references to a person who has at any time been an authorised person are to be read accordingly).

9.  This Table sets out the applied provisions of FSMA 2000 in the first column with specific modifications in relation to an applied provision mentioned in the corresponding entry in the second column—

Provision of FSMA 2000	Modifications etc
Section 207 (proposal to take disciplinary measures)
Section 208 (decision notice)
Section 209 (publication)
Section 210 (statements of policy)
Section 211 (statements of policy: procedure)
Section 387 (warning notices: procedure etc.)
Section 388 (decision notices: procedure etc.)
Section 389 and 390 (conclusion of proceedings)
Section 391 (publication)
Section 392 to 394 (third party rights and access to evidence)
Section 395 (the FCA’s and PRA’s procedures)
Section 396 (statements under section 395: consultation)
Section 415B (consultation in relation to taking certain enforcement action)
Paragraphs 19 to 22 of Schedule 1ZA (the FCA: penalties)	The general modification in paragraph 8(b) does not apply in relation to references to authorised persons in paragraph 21 of Schedule 1ZA.

(1)

Section 1L was inserted by section 6(1) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2013/1773 and S.I. 2019/632.

(2)

Section 66 was amended by sections 12 and 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 15 of and Schedule 5 to the Financial Services Act 2012 (c. 21), sections 28, 32 and 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).

(3)

Section 66A was inserted by section 32(2) of the Financial Services (Banking Reform) Act 2013 (c. 33) and amended by sections 21 and 25 of the Bank of England and Financial Services Act 2016 (c. 14), S.I. 2015/1864, S.I. 2016/225 and S.I. 2019/632.

(4)

Sections 67 to 70 were amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 15 of and Scheudle 5 to the Financial Services Act 2012 (c. 21), section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).

(5)

Sections 71V, 71W, 71X and 71Y are inserted into FSMA 2000 by the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2025 (S.I. 2025/22).

(6)

Section 165 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21), section 16 of and Schedule 2 to the Bank of England and Financial Services Act 2016 (c. 14), sections 2 and 24 of and Schedules 2 and 9 to the Financial Services Act 2021 (c. 22), section 9(3) of the Financial Services and Markets Act 2023 (c. 29), S.I. 2013/1773, S.I. 2015/575, and S.I. 2022/466.

(7)

Section 166 was substituted by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21). It was amended by section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22) and S.I. 2022/466.

(8)

Section 167 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21), section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22), S.I. 2007/126 and S.I. 2015/575. There are other amendments but none are relevant.

(9)

Section 168 was amended by section 62 of and Schedule 7 to the Counter-Terrorism Act 2008 (c. 28), section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680. There are other amendments but none are relevant.

(10)

Section 169 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21), S.I. 2016/680 and S.I. 2019/632.

(11)

Section 170 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21).

(12)

Section 171 was amended by section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22) and S.I. 2007/126.

(13)

Section 174 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680.

(14)

Section 175 was amended by section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and by section 12 of and Schedule 2 to the Investigatory Powers Act 2016 (c. 25).

(15)

Section 176 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), section 41 of and Schedule 12 to the Financial Services Act 2012 (c. 21) and section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22).

(16)

Section 176A was inserted by section 41 of the Financial Services Act 2012 (c. 21).

(17)

Section 177 was amended by section 280 of and Schedule 26 to the Criminal Justice Act 2003 (c. 44), section 114 of and Schedule 18 to the Financial Services Act 2012 (c. 21), S.I. 2001/1090 and S.I. 2016/680.

(18)

Section 177A was inserted by section 2 of the Financial Services Act 2021 (c. 22).

(19)

Section 204A was inserted by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and amended by section 23 of the Bank of England and Financial Services Act 2016 (c. 14), section 11 of the Civil Liability Act 2018 (c. 29), S.I. 2013/1773, S.I. 2015/1864, S.I. 2016/225, and S.I. 2019/632.

(20)

Section 205 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(21)

Section 206 was amended by section 10 of the Financial Services Act 2010 (c. 28) and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(22)

Section 206B is inserted by the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2025 (S.I. 2025/22).

(23)

Section 207 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28) and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(24)

Section 208 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28), and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(25)

Section 208A is inserted by the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2025 (S.I. 2025/22).

(26)

Section 209 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(27)

Section 210 was amended by section 24 of and Schedule 2 to the Financial Services Act 2010 (c. 28) and section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(28)

Section 211 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(29)

Section 380 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). There are other amendments but none are relevant.

(30)

Section 382 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). There are other amendments but none are relevant.

(31)

Section 384 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680. There are other amendments but none are relevant.

(32)

Section 385 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(33)

Section 386 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(34)

Section 387 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).

(35)

Section 388 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33).

(36)

Sections 389 and 390 were amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(37)

Section 391 was amended by sections 13 and 24 of the Financial Services Act 2010 (c. 28), section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21), section 4 of the Financial Services (Banking Reform) Act 2013 (c. 33), section 56 of and Schedule 10 to the Financial Services and Markets Act 2023 (c. 29). There are other amendments but none are relevant.

(38)

Section 392 was amended by section 56 of and Schedule 10 to the Financial Services and Markets Act 2023 (c. 29). There are other amendments to section 392 but none is relevant. Section 393 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). Section 394 was amended by section 82 of and Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c. 23), section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and section 271 of and Schedule 10 to the Investigatory Powers Act 2016 (c. 25).

(39)

Section 395 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21). There are other amendments but none are relevant.

(40)

Section 396 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(41)

Section 400 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(42)

Section 401 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21) and S.I. 2013/1881. There are other amendments but none are relevant.

(43)

Section 403 was amended by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21).

(44)

Section 415AA was inserted by section 60 of the Financial Services and Markets Act 2023 (c. 29).

(45)

Section 415B was inserted by section 37 of and Schedule 9 to the Financial Services Act 2012 (c. 21), and amended by section 35 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c. 33), section 21 of and Schedule 4 to the Bank of England and Financial Services Act 2016 (c. 14), and S.I. 2016/680.

(46)

Schedule 1ZA was inserted by section 6 of and Schedule 3 to the Financial Services Act 2012 (c. 21). Paragraphs 19 to 22 were amended by section 141 of and Schedule 10 to the Financial Services (Banking Reform) Act 2013 (c. 33), section 47 of and Schedule 3 to the Pension Schemes Act 2015 (c. 8), section 25 of and Schedule 3 to the Financial Guidance and Claims Act 2018 (c. 10), section 2 of and Schedule 2 to the Financial Services Act 2021 (c. 22), and section 56 of and Schedule 10 to the Financial Services and Markets Act 2023 (c. 29).