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FEES 7.1 Application and Purpose

Application

FEES 7.1.1 R

1This chapter applies to every person listed in FEES 1.1.2R (5).

Purpose

FEES 7.1.2 G

The purpose of this chapter is to set out the requirements on the persons listed in FEES 7.1.1 R to pay annual CFEB levies in order to establish and fund the CFEB.

FEES 7.1.3 G

Section 6A(1) of the Act (Enhancing public understanding of financial matters etc) (as it had effect before the passing of the Financial Services Act 2012) required3 the FSA to establish the CFEB in order to enhance:

3
  1. (1)

    the understanding and knowledge of members of the public of financial matters (including the UK financial system); and

  2. (2)

    the ability of members of the public to manage their own financial affairs.

FEES 7.1.4 G

Paragraph 12(1) of Part 2 of Schedule 1A to the Act enables the FCA to make rules requiring certain2authorised persons or payment service providers or electronic money issuers2 to pay to the FCA specified amounts or amounts calculated in a specified way in order to meet a proportion of:

2 2
  1. (1)

    the expenses incurred by the FCA in establishing the CFEB, whenever these were incurred; and

  2. (2)

    the expenses incurred, or expected to be incurred, by the CFEB in connection with the discharge of the functions described in FEES 7.1.3 G.

FEES 7.1.5 G

FEES 7 sets out the rules referred to in FEES 7.1.4 G.

FEES 7.1.6 G

The FCA must have regard to other anticipated sources of funding of the costs described in FEES 7.1.4 G when setting the CFEB levy.

FEES 7.1.7 G

The amounts to be paid under the CFEB levy may include a component to cover the FCA's expenses in collecting the payments.

FEES 7.1.8 G

The FCA must pay to the CFEB the amounts that it receives under the CFEB levy apart from amounts in respect of its collection costs (which it may keep).

FEES 7.1.9 G

Paragraph 7(1) of Part 1 of Schedule 1A to the Act requires the CFEB to adopt an annual budget which has been approved by the FCA.

FEES 7.1.10 G

This chapter sets out the method by which the CFEB levy will be calculated. Details of the actual levy payable will vary from year to year, depending on the CFEB's annual budget. These details are set out in FEES 7 Annex 1. New details will be prepared and consulted on for each financial year.

Exemption

FEES 7.1.11 G

2A firm is not liable to pay a CFEB levy in relation to payment services or electronic money issuance if it is the Bank of England, a government department, a local authority, a municipal bank or the National Savings Bank.

FEES 7.2 The CFEB levy

Obligation to pay CFEB levy

FEES 7.2.1 R

A firm must pay each CFEB levy applicable to it:

  1. (1)

    in full and without deduction (unless permitted or required by a provision in FEES); and

  2. (2)

    in accordance with the provisions of FEES 4.3.6 R as modified by FEES 7.2.1A R.1

FEES 7.2.1A R
  1. (1)

    1For the purposes of FEES 7.2.1R (2), FEES 4.3.6R(1C)-(1E)2, as applied by FEES 7.2.8 R, is modified so that if a firm's periodic fees for the previous financial year was at least £50,0002, the firm must pay:1

    1. (a)

      an amount equal to 50% of the CFEB levy payable for the previous year, by 12 April in the financial year to which the sum due under FEES 7.2.1 R relates; and

    2. (b)

      the balance of the CFEB levy due for the current financial year by 1 September in the financial year to which that sum relates.

  2. (2)

    For the purposes of FEES 7.2.1R (2), FEES 4.3.6R (2), as applied by FEES 7.2.8 R, is modified so that if the firm's periodic fee for the previous financial year was less than 50,000, the firm must pay its CFEB levy in full by 1 July in the financial year to which that sum relates.

Calculation of CFEB levy

FEES 7.2.2 R

The CFEB levy is calculated as follows:

  1. (1)

    identify each of the activity groups set out in Part 1 of FEES 7 Annex 1 that apply to the business of the firm for the relevant period (for this purpose, the activity groups are defined in accordance with Part 1 of FEES 4 Annex 1A);3

    3
  2. (2)

    for each of those activity groups, calculate the amount payable in the way set out in FEES 7.2.3 R;

  3. (3)

    add the amounts calculated under (2);

  4. (4)

    work out whether a minimum fee is payable under Part 2 of FEES 7 Annex 1 and if so how much;

  5. (5)

    add together the amounts calculated under (3) and (4);

  6. (6)

    modify the result as indicated by the table in FEES 4.2.6 R and FEES 4.2.7 R (if applicable);

  7. (7)

    apply any applicable payment charge specified in FEES 4.2.4 R to the amount in (6), provided that:

    1. (a)

      for payment by direct debit, successful collection of the amount due is made at the first attempt by the FCA; or

    2. (b)

      for payment by credit transfer, the amount due is received by the FCA on or before the due date;

  8. (8)

    make the calculations using information obtained in accordance with FEES 4.4.

FEES 7.2.3 R

The amount payable by a firm with respect to a particular activity group is calculated as follows:

  1. (1)

    calculate the size of the firm's tariff base for that activity group using the tariff base calculations in Part 3 of FEES 4 Annex 1A3 and Part 3 of FEES 4 Annex 111 and the valuation date requirements in Part 5 of FEES 4 Annex 1A3 and Part 3 of FEES 4 Annex 11;1

  2. (2)

    use the figure in (1) to calculate which of the bands set out in column 2 of the table in Part 1 of FEES 7 Annex 1 the firm falls into;

  3. (3)

    add together the fixed sums, as set out in column 3 of the table in Part 1 of FEES 7 Annex 1, applicable to each band identified under (2);

  4. (4)

    the amount in (3) is the amount payable by the firm with respect to that activity group.

FEES 7.2.4 R

For the purposes of FEES 7.2.3 R:

  1. (1)

    a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:

    1. (a)

      it has reasonable grounds for believing that the costs of identifying the firm'sUK business separately from its non-UK business in the way described in Part 3 of FEES 4 Annex 1A3 and Part 1 of FEES 4 Annex 111 are disproportionate to the difference in fees payable; and

    2. (b)

      it notifies the FCA in writing at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated), or, if earlier, at the time it pays the fees concerned;

  2. (2)

    for a firm which has not complied with FEES 4.4.2 R (Information on which fees are calculated) orFEES 4.4.8 D (Information relating to payment services and the issuance of electronic money)1 for this period, the CFEB levy is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10.

FEES 7.2.5 R

The modifications in Part 3 of 3FEES 4 Annex 2A3 and Part 7 of FEES 4 Annex 11 apply.1

Amount payable by the Society of Lloyds

FEES 7.2.6 R

The CFEB levy in relation to the Society is specified against its activity group in Part 1 of FEES 7 Annex 1.

FEES 4 rules incorporated into FEES 7 by cross-reference

FEES 7.2.7 G

The Handbook provisions relating to the CFEB levy are meant to follow closely the provisions relating to the payment of periodic fees under FEES 4.3.1 R In the interests of brevity, not all of these provisions are set out again in FEES 7. In some cases, certain FEES 4 rules are applied to the payment of the CFEB levy by individual rules in FEES 7. The rest are set out in the table in FEES 7.2.9 R.

FEES 7.2.8 R

The rules set out in the table in FEES 7.2.9 R and any other rules in FEES 4 included in FEES 7 by cross-reference apply to the CFEB levy in the same way as they apply to periodic fees payable under FEES 4.3.1 R.

FEES 7.2.9 R

Table of rules in FEES 4that also apply to FEES 7 to the extent that in FEES 4 they apply to fees payable to the FCA3

FEES 4 rules incorporated into FEES 7

Description

FEES 4.2.4 R

Method of payment

FEES 4.2.7B R

Calculation of periodic fee and tariff base for a firm's second financial year

FEES 4.2.8 R

How FEES 4.2.7 R applies in relation to an incoming EEA firm or an incoming Treaty firm

FEES 4.2.10 R

Extension of time

FEES 4.2.11 R (first entry only)

Due date and changes in permission for periodic fees

FEES 4.3.7 R

Groups of firms

FEES 4.3.13 R

Firms applying to cancel or vary permission before start of period

FEES 4.3.15 R

Firms acquiring businesses from other firms

FEES 4.4.1 R to FEES 4.4.6 R

Information on which fees are calculated

FEES 7.2.9A D

1 FEES 4.4.7 D to FEES 4.4.9 D (Information relating to payment services and the issuance of electronic money) also apply to FEES 7.

FEES 7.2.10 G

References in a FEES 4rule incorporated into FEES 7 by cross-reference to a periodic fee should be read as being to the CFEB levy. References in a FEES 4rule incorporated into FEES 7 to market operators, service companies, MTF operators, investment exchanges, or3designated professional bodies should be disregarded.

1 3 3
FEES 7.2.11 G

In some cases, a FEES 4rule incorporated into FEES 7 in the manner set out in FEES 7.2.7 G will refer to another rule in FEES 4 that has not been individually incorporated into FEES 7. Such a reference should be read as being to the corresponding provision in FEES 7. The main examples are set out in FEES 7.2.12 G.

FEES 7.2.12 G

FEES 7 Annex 1 7 9 9CFEB levies for the period from 1 April 2016 to 31 March 2017

Part 1

R

This table shows the CFEB levies applicable to each activity group (fee-block)

2Activity Group

CFEB levy payable

A.1

Column 1

Money advice levy

Column 2

Debt advice levy

(Notes 3 - 6)

Band Width (£4 million of Modified Eligible Liabilities (MELs))

Fee10 (£/£m4 or part m of MELs)

Bandwidth (£ million of unsecured debt)

Fee10 (£/£m or part £m4 of unsecured debt)

>10

4

2.5910

4 7 7 9 9

>0

176.5010

4 7 7 9 9
4 4
4 4
4 4
4 4
3

A.2

Column 1

General levy

Column 2

Debt advice levy

(Notes 5 -6)

Band Width (no. of mortgages and/or home finance transactions)

Fee104/mortgage)

Band width (£10million of secured debt)

Fee10 (£/£m or part £m4 of secured debt)

>50

4

0.6310

7 7 9 9

>0

15.8710

7 7 9 9
4 4
4 4
4 4
4 4

A.3

Gross premium income (GPI)

Band Width (£4 million of GPI)

Fee10 (£/£m or part £m4 of GPI)

>0.5

4

34.6010

4 7 7 9 9
4 4
4 4
4 4
4 4

PLUS

Gross technical liabilities (GTL)

Band Width (£4 million of GTL)

Fee10 (£/£m of part £m4 of GTL)

4

>1

4

1.8710

4 7 7 9 9
4 4
4 4
4 4
4 4

A.4

Adjusted annual gross premium income (AGPI)

Band Width (£4 million of AGPI)

Fee10 (£/£m or part £m of AGPI)4

4

>1

4

41.6410

4 7 7 9 9
4 4
4 4
4 4
4 4

PLUS

Mathematical reserves (MR)

Band Width (£4 million of MR)

Fee10 (£/£m or part £m 4 of MR)

4

>1

4

0.8910

4 7 7 9 9
4 4
4 4
4 4
4 4

A.5

Band Width (£4 million of Active Capacity (AC))

Fee10 ((£/£m or part £m4 of AC)

4

>50

4

0.009

4 7 7 9
4 4
4 4
4 4
4 4

A.6

Flat levy

0.009

4 7 7 9

A.7

For class 1(c),7(2)9, 9 (3) 9and (4) 9firms10:

7 9

Band Width (£4 million of Funds under Management (FuM))

Fee10 (£/£m of part £m4 of FuM)

4

>10

4

0.2210

4 7 7 9 9
4 4
4 4
4 4
4 4

For class 1(B) firms: the fee calculated as for class 1(C) firms above, less 15%.

For class 1(A) firms: the fee calculated as for class 1(C) firms above, less 50%.

Class 1(A), (B) and (C) firms are defined in 11FEES 4 Annex 1A11

A.9

Band Width (£4 million of Gross Income (GI))

Fee10 (£/£m of part £m4 of GI)

4

>1

4

55.5510

4 7 7 9 9
4 4
4 4
4 4
4 4

A.10

Band Width (no. of traders)

Fee104/trader)

>14

4

146.0010

4 7 7 9 9
4 4
4 4
4 4
4 4

A.13

For class (2) firms

Band Width (£ thousands of annual income (AI))4

4

Fee (£/£ thousand or part £ thousand of AI)4

4

>1004

4

0.11210

4 7 7 9 9
4 4
4 4
4 4
4 4

For a professional firm in A.13 the fee is calculated as above less 10%.

A.14

Band Width (£ thousands of annual income (AI))4

4

Fee (£/£ thousand or part £ thousand of AI)4

4

> 1004

4

0.04110

4 7 7 9 9
4 4
4 4
4 4
4 4

A.18

Band Width (£4 thousands of Annual Income (AI))4

Fee10 ((£/£ thousand or part £4 thousand of AI)

4

>1004

4

0.3210

4 7 7 9 9
4 4
4 4
4 4
4 4

A.19

Band Width (£4 thousands of Annual Income (AI))4

Fee10 (£/£ thousand or part £4 thousand of AI)

4

>1004

4

0.03810

4 7 7 9 9
4 4
4 4
4 4
4 4

5A.21

Band Width (£ client money) (CM) held

Fee (£/£ millions or part £ million of CM)

less than £1 million7

7

2.6110

7 7 9 9

an amount equal to or greater than £1 million but less than or equal to £1 billion

1.9610

7 7 9 9

more than £1 billion7

7

1.3110

7 7 9 9

PLUS

Safe custody assets

Band Width (£ safe custody assets) (CA) held

Fee (£/£ millions or part £ million of CA)

less than £10 million7

7

0.01010

7 7 9 9

an amount equal to or greater than £10 million and less than or equal to £100 billion

0.00810

7 7 9 9

more than £100 billion7

7

0.00510

7 7 9 9

G.3

Minimum fee (£4)

10

£ thousands or part £ thousand of Relevant Income4

4

Fee (£/£thousand or part £ thousand of Relevant Income)4

4

>100

0.0382510

4 7 7 9 9
4 4
4 4
4 4
4 4
4 4

G.4

Flat fee (£)4

4

104

G.10

Minimum fee (£4)

10

£ million or part £m4 of average outstanding electronic money (AOEM)

4

Fee (£/£m or part £m4 of AOEM)

4

> 5.0

11.6010

4 7 7 9 9

G.11

Flat fee (£)4

4

1045

6CC.1

Minimum fee

£107

7

10£ thousand of annual income (AI)

8

Fee (£/£ thousand or part thousand of AI)8

>2508

0.379

8 9

6CC.2

Minimum fee (£)10

10107

7

10£ thousands of annual income (AI)10

Fee (£/£ thousand or part £ thousand of AI

>2507

7

0.377

7

Notes

(1) The definitions of fee-blocks G5 and G10 under Part 2 and Part 2A of FEES 4 Annex 11 are modified, for the purposes of FEES 7, so that they exclude the Bank of England, government departments, local authorities, municipal banks and the National Savings Bank.

(2) The definitions of those fee-blocks are further amended to exclude EEA and those which hold a .

(3) The tariff base for column 2 in activity group A.1:

for credit unions:

the total sterling value of all loans LESS total sterling value of any residential loans.

for banks and building societies:

the sterling value of all outstanding loans to individuals in the UK, excluding bridging loans and loans secured on dwellings and land.

The firm must include:

(a) any credit card lending;

(b) any charge card lending, even if the outstanding balance has to be paid off in full at the end of each charging period;

(c) any other loans and advances to individuals that are not bridging loans or secured on dwellings or land;

provided that the firm only includes data that it is required to include in entries 29DB3A3 and 29DB3A4 of Form BE (that is, the Additional Sectoral Details Return that is completed to provide information by banks and building societies to the Bank of England).

(4) The valuation date for column 2 in activity group A.1 is the 31 December before the start of the period to which the fee applies or, if earlier, the date of the valuation as disclosed by the Form BE or other annual return made in the calendar year prior to the 31 December.

(5) The tariff base for column 2 in activity group A.2 is the sterling value of any residential loans to individuals being the sum of gross unsecuritised and securitised balances (applying the definitions of Unsecuritised balances and Securitised balances set out in SECTION A: BALANCE SHEET of SUP 16 Annex 19B.

(6) The valuation date for column 2 in activity group A.2 is the 31 December before the start of the period to which the fee applies or, if earlier, the date of the valuation as disclosed by the annual return made in the calendar year prior to the 31 December.

Part 2

(1)

This Part sets out the minimum CFEB levy applicable to the firms specified in (3) below.

(2)

The minimum CFEB levy payable by any firm referred to in (3) is 10.

(3)

A firm is referred to in this paragraph if it falls within the following activity groups: A.1; A.2; A.3 (excluding UK ISPVs); A.4; A.5; A.7; A.9; A.10; A.12; A.13; A.14; A.18; A.19; G.3 and G.10.1

1