FEES 6.3 The FSCS's power to impose levies

Imposing management expenses and compensation costs levies8

FEES 6.3.1RRP

The FSCS may at any time impose a management expenses levy or a compensation costs levy,6 provided that the FSCS has reasonable grounds for believing that the funds available to it to meet relevant expenses are, or will be, insufficient, taking into account expenditure already incurred, actual and expected recoveries and8:

668
  1. (1)

    in the case of a management expenses levy, the level of the FSCS's expected8 expenditure in respect of those expenses in the financial year9 of the compensation scheme in relation to which the levy is imposed; and9

    88
  2. (2)

    [deleted]9

    88888
  3. (3)

    8in the case of a compensation costs levy:9

    1. (a)

      the FSCS's expenditure in respect of compensation costs expected in the 12 months of the financial year of the compensation scheme in relation to which the levy is imposed9; or, if greater

    2. (b)

      one third of the FSCS's expenditure in respect of compensation costs expected in the 36 months following the 1 April in the financial year of the compensation scheme in relation to which the levy is imposed9.

FEES 6.3.2GRP

The calculation of levies will also take into account previous levies, where funds raised in anticipation of meeting liabilities prove either more or less than the amount actually required.

FEES 6.3.2AGRP

8The FSCS will usually levy once in each financial year9 (the annual levy)11. However, if the compensation costs or specific costs incurred, or expected to be incurred, exceed the amounts held, or reasonably expected to be held, to meet those costs, the FSCS may, at any time during the financial year9, do one or more of the following:

8
  1. (1)

    impose an interim levy11 ; or

  2. (2)

    utilise other sources of funding such as commercial borrowing or other borrowing including from the National Loans Fund; or

  3. (3)

    utilise money collected from firms as set out in, and subject to, FEES 6.3.17 R (Management of funds).

The FSCS will generally impose a levy rather than borrow or utilise funds as described in (3), unless the latter options appear to it to be preferable in the specific circumstances prevailing at the relevant time; for example, to address short-term liquidity issues, or in order to deal with a significant failure without having to wait for a levy to be imposed or collected.

FEES 6.3.3GRP

The FSCS has committed itself in Memorandum of Understanding with9 the FCA9 to publish its policy in respect of levying.814

681414141414
FEES 6.3.4GRP

The discretion over levying in FEES 614 also gives the FSCS, if it thinks this appropriate, the ability to use third parties as its agents in raising and collecting the levies.

14

Imposing a MERS levy

FEES 6.3.4ARRP

8The FSCS may at any time impose a MERS levy provided that the FSCS has reasonable grounds for believing that the funds available to it to meet relevant expenses are or will be insufficient, taking into account relevant expenses incurred or expected to be incurred in the financial year of the compensation scheme in relation to which the levy is imposed9.

823Limits on compensation costs and specific costs levies on classes

FEES 6.3.5RRP

The maximum aggregate amount of compensation costs and specific costs for which the FSCS can levy each8 class (including levies through the retail pool10)9 in any one financial year9 of the compensation scheme is limited to the amounts set out in the table in FEES 6 Annex 2 R.2

10

29
FEES 6.3.6R

[deleted]2

2
FEES 6.3.7R

[deleted]2

2
FEES 6.3.8R

[deleted]2

2
FEES 6.3.9R

[deleted]2

2

Levy for compensation costs paid in error

FEES 6.3.10RRP

The FSCS may include in a compensation costs levy the costs of compensation paid by the FSCS in error, provided that the payment was not made in bad faith.5

5

Management of funds

FEES 6.3.11RRP

The FSCS must hold any amount collected from a specific costs levy or compensation costs levy to the credit of the classes2 in accordance with the allocation established under FEES 6.4.6AR and FEES 6.5.2-AR9.

228
FEES 6.3.12RRP

Any funds received by the FSCS by way of levy or otherwise for the purposes of the compensation scheme are to be managed as the FSCS considers appropriate, and in doing this the FSCS must act prudently.

FEES 6.3.13RRP

Interest earned by the FSCS in the management of funds held to the credit of a class must be credited to that class8, and must be set off against the management expenses or compensation costs 2allocated to that class.82

2228
FEES 6.3.14RRP

The FSCS must keep accounts which include:8

8
  1. (1)

    the funds held to the credit of each class; and

    228
  2. (2)

    the liabilities of that class.8

    22
FEES 6.3.15R

[deleted]8

2228
FEES 6.3.15AG

[deleted]8

8
FEES 6.3.16G

[deleted]8

FEES 6.3.17RRP
  1. (1)

    The FSCS may use any money held to the credit of one class2(the creditor class)2 to pay compensation costs or specific costs attributable 8or allocated by way of levy8 to 2another class 2(the debtor class)2 if the FSCS has reasonable grounds to believe that this would be more economical than borrowing funds from a third party or raising a levy.

    228822
  2. (2)

    Where the FSCS acts in accordance with (1), it must ensure that:

    1. (a)

      the creditor class2 is reimbursed by the debtor class2 as soon as possible;

      22
    2. (b)

      the debtor class2 pays interest at a rate equivalent to the Bank of England's repo rate from time to time in force; and

      2
    3. (c)

      the amount lent by the creditor class2 to the debtor class2 is taken into account by the FSCS when considering whether to impose a compensation costs levy8 on the creditor class2 under FEES 6.3.1 R.

      2282
FEES 6.3.18GRP

2FEES 6.3.17 R deals with how FSCS may use money available to it and does not affect the rules on levy allocation in FEES 6.4, 6.5 and 6.5A8.

8
FEES 6.3.19RRP

Unless FEES 6.3.20 R applies, any recoveries made by the FSCS in relation to protected claims must be credited to the classes8 to which the related compensation costs was attributable.8

28
FEES 6.3.20RRP
  1. (1)

    Where8 the FSCS makes recoveries in relation to protected claims where a8 related compensation costs levy8 would have been allocated to a class (class A) had the levy limit for class A not been reached and has been allocated to another class or classes in the retail pool, the recoveries must be applied:8

    888
    1. (a)

      8first, to the classes to which the costs levied were allocated in accordance with FEES 6.5A in the same proportion as those classes contributed, up to the total amount of that allocation plus interest at a rate equivalent to the Bank of England's Official Bank Rate from time to time in force; and

    2. (b)

      thereafter, to class A.

  2. (2)

    This rule applies even though the recovery is made in a subsequent financial year.2

  3. (3)

    [deleted]8

    8
2
FEES 6.3.20AGRP

2Recoveries under FEES 6.3.20 R are net of the costs of recovery.

FEES 6.3.21RRP

If the FSCS has more funds (whether from levies, recoveries or otherwise)8 to the credit of a class82 than the FSCS believes will be required to meet levies on that class82 for the next 12 months, it may refund the surplus to members or former members of the class82 on any reasonable basis.

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Adjustments to calculation of levy shares

FEES 6.3.22RRP

The FSCS may adjust the calculation of a participant firm's share of any levy to take proper account of:

  1. (1)

    any excess, not already taken into account, between previous levies of that type imposed in relation to previous periods and the relevant costs actually incurred in that period; or

  2. (2)

    participant firms that are exempt from the levy under FEES 6.2; or

  3. (3)

    amounts that the FSCS has not been able to recover from participant firms as a result of FEES 6.3.5 R ; or

    2
  4. (4)

    amounts that the FSCS has not been able to recover from participant firms after having taken reasonable steps; or

  5. (5)

    FEES 2.3 (Relieving Provisions),4 10FEES 6.5.9 R (New participant firms) or12 FEES 6.3.23 R (Remission of levy or additional administrative fee)12; or

    2
  6. (6)

    anything else that the FSCS believes on reasonable grounds should be taken into account.

FEES 6.3.22ARRP

4The FSCS may not adjust the calculation of a participant firm's share of any levy under FEES 6.3.22 R on the grounds that it would be inequitable for that firm to pay that share or part of it or on the grounds that it would be inequitable for the FSCS to retain that share or part of it.

FEES 6.3.22BGRP

4The reason for FEES 6.3.22A R is that any such claim should be dealt with under FEES 2.3 (Relieving Provisions).

Firms acquiring businesses from other firms

FEES 6.3.22CRRP
  1. (1)

    4This rule applies to the calculation of the levies of a firm (A) if:

    1. (a)

      either:

      1. (i)

        A acquires all or a part of the business of another firm (B), whether by merger, acquisition of goodwill or otherwise; or

      2. (ii)

        A became authorised as a result of B's simple change of legal status (as defined in FEES 3 Annex 1R9 Part 6);

    2. (b)

      B is no longer liable to pay a levy; and

    3. (c)

      that acquisition or change takes place after the date to which, or as of which, A's most recent statement of business under FEES 6.5.13 R is drawn up so far as concerns the classes8 covered by B's business.

      8
  2. (2)

    A must pay an additional amount equal to the levy that would have been payable by B in relation to the relevant business and relevant classes8 if the acquisition or change in status had not taken place and B had remained liable to pay levies. The amount is based on the most recent information supplied by B under FEES 6.5.13 R. A is included in the classes8 applicable to the relevant business.

    88
  3. (3)

    This rule only applies with respect to those financial years9 of the compensation scheme9 for which A's levies are calculated on the basis of a statement of business under FEES 6.5.13 R drawn up to a date, or as of a date, before the acquisition or change in legal status took place.

Remission of levy or additional administrative fee

FEES 6.3.23RRP

If a participant firm's share of a levy or an additional administrative fee under FEES 6.7.4 R would be so small that, in the opinion of the FSCS, the costs of collection would be disproportionate to the amount payable, the FSCS may treat the participant firm as if its share of the levy or additional administrative fee amounted to zero.

Levies on the Society of Lloyd’s

FEES 6.3.24R

9The FSCS may impose a levy on the Society to be calculated as the aggregate of the levies that would be imposed on each member if this chapter applied to members, as follows:

  1. (1)

    a share of the base costs levy for each financial year; and

  2. (2)

    a share of a specific costs levy or a compensation costs levy allocated to the insurers – life contribution class or insurers – general contribution class in the retail pool in accordance with this chapter.

FEES 6.3.25D

9The following core provisions of the Act apply to the carrying on of insurance market activities by members:

  1. (1)

    Part 9A (Rules and guidance) for the purpose of applying the rules in FEES 6 and relevant interpretative provisions;

  2. (2)

    Part XV (Financial Services Compensation Scheme).

[Note: section 316 of the Act]

FEES 6.3.26G

9The insurance market direction in FEES 6.3.25D is intended to advance the FCA’s consumer protection objective in section 1C of the Act by assisting the FSCS to impose a levy on the Society, calculated as the aggregate of the levies that would be imposed on members, in accordance with FEES 6.3.24R. As a result of section 317(2) of the Act, references to an authorised person in Part XV of the Act include a member.

Effect of annulment of cancellation or variation of permission under Schedule 6A on levies

FEES 6.3.27G

13Schedule 6A to the Act sets out a procedure to enable the FCA to cancel or vary the Part 4A permission of a person who it appears to the FCA is not carrying on a regulated activity. Paragraph 5 of that schedule sets out a procedure for annulment of cancellation or variation of Part 4A permission in specified circumstances. Where the FCA grants an application for annulment, paragraph 6 of Schedule 6A sets out its effect. In particular, the cancellation or variation of Part 4A permission is treated as if it had never taken place. As a result of the effect of annulment under Schedule 6A, any levy provided for under this chapter applicable to the person, in relation to the period during which the person’s Part 4A permission was cancelled or varied, applies to the person, unless the exemption in FEES 6.2.1AR applies.