GEN Sch 4 Powers exercised

GEN Sch 4.1G

In this Schedule, references to GEN include the Glossary.

GEN Sch 4.2G

Powers to make rules

The following powers and related provisions in or under the Act have been exercised by the FCA to make the rules in GEN:

Section 59 (Approval for particular arrangements)

Section 60A (Vetting of candidates by relevant authorised persons)

Section 63F (Issuing of certificates)

Section 64A (Rules of conduct)

Section 73A (Part 6 Rules)

Section 74 (The official list)

Section 75 (Applications for listing)

Section 77 (Discontinuance and suspension of listing)

Section 79 (Listing particulars and other documents)

Section 80 (General duty of disclosure in listing particulars)

Section 81 (Supplementary listing particulars)

Section 84 (Matters which may be dealt with by prospectus rules)

Section 85 (Prohibition of dealing etc in transferable securities without approved prospectus)

Section 87 (Election to have prospectus)

Section 87A (Criteria for approval of prospectus by competent authority)

Section 87B (Exemptions from disclosure)

Section 87G (Supplementary prospectus)

Section 88 (Sponsors)

Section 89A (Transparency rules)

Section 89B (Provision of voteholder information)

Section 89C (Provision of information by issuers of transferable securities)

Section 89D (Notification of voting rights held by issuer)

Section 89E (Notification of proposed amendment of issuer's constitution)

Section 89F (Transparency rules: interpretation etc)

Section 89G (Transparency rules: other supplementary provisions)

Section 89O (Corporate governance rules)

Section 89P (Primary information providers)

Section 96 (Obligations of issuers of listed securities)

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Section 101(2) (Part 6 Rules: general provisions)

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Section 136(2) (Funding of the legal assistance scheme)

Section 137A (The FCA’s general rules)

Section 137B (FCA general rules: clients’ money, right to rescind etc)

Section 137C (FCA general rules: cost of credit and duration of credit agreements)

Section 137D (FCA general rules: product intervention)

Section 137F (Rules requiring participation in benchmark)

Section 137FB (FCA general rules: disclosure of information about the availability of pensions guidance)

Section 137H (General rules about remuneration)

Section 137O (Threshold condition code)

Section 137P (Control of information rules)

Section 137Q (Price stabilising rules)

Section 137R (Financial promotion rules)

Section 137T (General supplementary powers)

Section 138C (Evidential provisions)

Section 138D (Actions for damages)

Section 138M (Temporary product intervention rules)

Section 192J (Rules requiring provision of information by parent undertakings)

Section 192JB (Rules requiring parent undertakings to facilitate resolution)

Section 213 (The compensation scheme) (including as referred to in section 216(5) (Continuity of long-term insurance policies) and section 217(7) (Insurers in financial difficulties)

Section 214 (General)

Section 214A (Contingency funding)

Section 214D(13) (Contributions under section 214B: supplementary)

Section 215 (Rights of the scheme in insolvency)

Section 216 (Continuity of long-term insurance policies)

Section 217 (Insurers in financial difficulties)

Section 218(2)(b) (Annual report)

Section 218A (Regulators’ power to require information)

Section 223 (Management expenses)

Section 223C (Payments in error)

Section 224F (Rules about relevant schemes)

Section 226 (Compulsory jurisdiction) (including as applied by regulation 125 of the Payment Services Regulations and article 26(1) (Extension of the compulsory jurisdiction of the Financial Ombudsman Scheme to registered consumer buy-to-let mortgage firms) of the MCD Order)

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Section 229 (Awards)

Section 234 (Industry funding)

Section 238 (Restrictions on promotion)

Section 239 (Single property schemes)

Section 242 (Applications for authorisation of unit trust schemes)

Section 247 (Trust scheme rules)

Section 248 (Scheme particulars rules)

Section 261C (Applications for authorisation of contractual schemes)

Section 261I (Contractual scheme rules)

Section 261J (Contractual scheme particulars rules)

Section 278 (Rules etc as to scheme particulars)

Section 283(1) (Facilities and information in UK)

Section 286(4F) (Qualification of recognition)

Section 293 (Notification requirements)

Section 295 (Notification: overseas investment exchanges and overseas clearing houses)

Section 300B (Duty to notify proposal to make regulatory provision)

Section 332(1) (Rules in relation to persons to whom the general prohibition does not apply)

Section 333Q (Funding of FCA’s pensions guidance costs)

Section 333R (Funding of Treasury’s pensions guidance costs)

Section 340 (Appointment)

Part 3 (Penalties and Fees) of Schedule 1ZA (The Financial Conduct Authority) (including as applied by article 25 (Application of provisions of the Act to the FCA in respect of its supervision of consumer buy-to-let mortgage firms) of the MCD Order)20, and by regulation 15A of the ADR Regulations

Paragraph 12 (Funding of the relevant costs by authorised persons or payment service providers) of Part 2 (Funding) of Schedule 1A (Further provision about the Consumer Financial Education Body)

Paragraphs 19 (Establishment), 20 (Services) and 20C (Notice of intention to market an AIF) of Schedule 3 (EEA Passport Rights)

Paragraphs 7(3) (Annual reports), 13 (FCA's procedural rules), 16B (Procedure for complaints etc) and 16D (Enforcement of money awards) of Schedule 17 (The Ombudsman Scheme) (including as applied by article 26(1) (Extension of the compulsory jurisdiction of the Financial Ombudsman Scheme to registered consumer buy-to-let mortgage firms) of the MCD Order)

Article 60E(3) of the Regulated Activities Order

Regulation 6 (FCA rules) of the OEIC Regulations

Article 15 (Record-keeping and reporting requirements relating to relevant complaints) of the Ombudsman Transitional Order

Articles 4 (Pending applications), 6 (Post-commencement applications), 9 (Article 9 defaults occurring before commencement), 9A (Contributions in relation to mesothelioma claims), 10 (Applications in respect of compulsory liability insurance), 12 (Applications under the new scheme) and 23 (Record-keeping and reporting requirements relating to pre-commencement) of the compensation transitionals order

Regulation 3 (Consumer contract requirements: modification of rule-making powers) of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (SI 2002/1775)

Regulation 2 (Power of the Authority to make rules under section 138 of the Financial Services and Markets Act 2000) of the Financial Services and Markets Act 2000 (Fourth Motor Insurance Directive) Regulations 2002 (SI 2002/2706)

Article 9 (Record-keeping and reporting requirements relating to relevant transitional complaints) of the Mortgage and General Insurance Complaints Transitional Order

GEN Sch 4.3G

The following additional powers have been exercised by the FCA to make the rules in GEN:

Regulation 2(3) (Application for permission) of the Capital Requirements Regulations 2006 (SI 2006/3221)

Regulations 82 (Reporting requirements), 86 (Proposal to take disciplinary measures) and 92 (Costs of supervision) of and paragraph 1 of Schedule 5 (Disciplinary powers) to the Payment Services Regulations

Regulations 49 (Reporting requirements) and 59 (Costs of supervision) of the Electronic Money Regulations

Regulations 8 (Applications for registration), 9 (Applications for admission to the register of issuers), 18 (Notification requirements), 20 (Material changes to the regulated covered bond), 24 (Requirements relating to the asset pool), 25 (Change of owner), 36 (financial penalties policy statement), 46 (Modifications of primary and secondary legislation) of, and paragraph 5 (fees) to the Schedule (Modifications to primary and secondary legislation) to, the RCB Regulations

Paragraph 9 (Funding) of Schedule 4 (The Payment Systems Regulator) to the Financial Services (Banking Reform) Act 2013

Articles 2 (Requirement to give notice in relation to an approved person), 6 (Revision of an article 2 notice), 19 (Power to impose penalties) and 20 (Rules and requirements by a regulator under this Order) of the Financial Services (Banking Reform) Act 2013 (Transitional and Savings Provisions) Order 2015 (SI 2015/429)

Article 21 (Monitoring and Enforcement) of the MCD Order

GEN Sch 4.4G

Powers to make codes

The following powers and related provisions in the Act have been exercised by the FCA to issue the parts of the codes in GEN:

Section 64(2) (Conduct: statements and codes)

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GEN Sch 4.5G

Powers to issue statements

The following powers and related provisions in the Act have been exercised by the FCA to issue the parts of the statements in GEN:

Section 63ZD (Statement of policy relating to conditional approval and variation)

Section 63C (Statement of policy)

Section 64 (Conduct: statements and codes)

Section 69 (Statement of policy) (including as applied by paragraph 1 of Schedule 5 to the Payment Services Regulations, paragraph 1 of Schedule 3 to the Electronic Money Regulations,17regulation 29(1) of the Legal Aid, Sentnecing and Punishment of Offender Act 2012(Referral Fees) Regulations 2013 (SI 2013/1635) and regulation 28(1) of the Immigration Regulations17

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Section 88C (Action under section 88A: statement of policy)

Section 89S (Action under section 89Q: statement of policy)

Section 93 (Statement of policy)

Section 124 (Statement of policy)

Section 131J(1) (Statement of policy)

Section 138N (Temporary product intervention rules: statement of policy)

Section 169(9) (Investigations etc in support of overseas regulator) (including as applied by paragraph 3 of Schedule 5 to the Payment Services Regulations and paragraph 3 of Schedule 3 to the Electronic Money Regulations and by regulation 71(2) of the AIFMD UK regulation

Section 192H (Statement of policy: directions under section 192C)

Section 192N (Imposition of penalties under section 192K: statement of policy)

Section 210 (Statements of policy) (including as applied by regulation 86(6) of the Payment Services Regulations, regulation 53 (6) of the Electronic Money Regulations, regulation 71(3) of the AIFMD UK regulation,17 regulation 29(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(Referral Fees) Regulations 2013 (SI 2013/1635), regulation 28(2) (Statements of policy) of the Immigration Regulations 17and article 23(4) (Application of provisions of the Act to registered consumer buy-to-let mortgage firms) of the MCD Order)

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Section 312J (Statement of policy under section 312F)

Section 395 (The FCA's and PRA's procedures) (including as applied by paragraph 7 of Schedule 5 to the Payment Services Regulations, paragraph 8 of Schedule 3 to the Electronic Money Regulations, regulation 30(7) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(Referral Fees) Regulations 2013 (SI 2013/1635),17 article 3(11) of the Financial Act 2012 (Consumer Credit) Order 2013, regulation 29 (Application of Part 26 of the 2000 Act) of the Immigration Regulations and article 24(2) (Application of procedural provisions of the Act) of the MCD Order)

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Section 404(3) (Consumer redress schemes)

Section 404A (Rules under s404: supplementary)

GEN Sch 4.6G

The following additional powers and related provisions have been exercised by the FCA to issue the parts of the statements in GEN:

Regulation 42 (Guidance) of the RCB Regulations

Regulation 44 (Warning notices and decision notices) of the RCB Regulations

Regulation 93 (Guidance) of the Payment Services Regulations

Regulation 14 (Guidance) of the Cross-Border Payments in Euro Regulations

Regulation 60 (Guidance) of the Electronic Money Regulations

Section 80 (Statement of policy under sections 73 to 79) of the Financial Services Act 2012

Regulations 70 (Application of procedural provisions of the Act) and 71 (Application of provisions of the Act to unauthorised AIFMs) of the AIFMD UK regulation

Article 4 (Statements of policy) of the Financial Services Act 2012 (Consumer Credit) Order 2013

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Regulations 28 (Statements of policy) and 29 (Application of Part 26 of the 2000 Act) of the Immigration Regulations

GEN Sch 4.7G

Powers to direct, require or specify

The following powers and related provisions in the Act have been exercised by the FCA in GEN to direct, require or specify:

Section 55U (Applications under this Part)

Section 60 (Applications for approval)

Section 61 (Determination of applications)

Section 62A (Changes to responsibilities of senior managers)

Section 63ZA (Variation of senior manager’s approval at request of relevant authorised person)

20Section 63ZB (Variation of senior manager's approval on initiative of regulator)

Section 63E (Certification of employees by relevant authorised persons)

Section 64C (Requirement for relevant authorised persons to notify regulator of disciplinary action)

Section 137S (Financial promotion rules: directions given by FCA)

Section 138A (Modification or waiver of rules)

Section 179 (Requirements for section 178 notices)

Section 218A (Authority’s power to require information)

Section 242 (Applications for authorisation of unit trust schemes)

Section 250 (Modification or waiver of rules)

Section 274 (Applications for recognition of individual schemes)

Section 279 (Revocation of recognition)

Section 287 (Application by an investment exchange)

Section 293A (Information: compliance with EU requirements)

Section 294 (Modification or waiver of rules)

Section 316 (Direction by Authority)

Section 317 (The core provisions)

Section 318 (Exercise of powers through Council)

Paragraph 5(4) (Notice to UK Regulator) of Schedule 4 (Treaty Rights)

Regulations 7(3) and (4) (Modification or waiver of FCA16rules) and 12 (Application for authorisation) of the OEIC Regulations

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GEN Sch 4.8G

The following additional powers and related provisions have been exercised by the FCA in GEN to direct, require or specify:

Regulation 49 (Reporting requirements) of the Electronic Money Regulations

Regulations 21 (Disclosure obligations of small registered UK AIFMs), 54 (FCA approval for marketing), 58 (Marketing of AIFs managed by small third country AIFMs) and 60 (Manner and content of notifications) of the AIFMD UK regulation

Regulation 9 (Reporting requirements) of the Immigration Regulations 17

Articles 5 (Regulators’ power to impose requirements for an article 2 notice), 7 (Application of section 63ZA to a continuing approval), 8 (Application of section 62A to a statement provided under article 2(3)(c)), 13 (Regulators’ power to impose requirements for an article 11 notice), 15 (Application of section 62A to a statement provided under article 11(d)), 17 (Power for the regulators to specify equivalent functions) and 20 (Rules and requirements imposed by a regulator under this Order) of the Financial Services (Banking Reform) Act 2013 (Transitional and Savings Provisions) Order 2015 (SI 2015/429)

Articles 18 (Obligations of registered consumer buy-to-let mortgage firms) and 19 (Power to direct registered consumer buy-to-let mortgage firms to take appropriate action) of the MCD Order

GEN Sch 4.9G

Powers to set standards

The following powers in or under the Act have been exercised by the FCA to set standards in GEN:

Section 333H (Standards for giving of pensions guidance by designated guidance providers)

GEN Sch 4.10G

Power to make the complaints scheme

The following power has been exercised by the FCA to make the complaints scheme in GEN:

Part 6 of the Financial Services Act 2012

GEN Sch 4.11G

Powers to give guidance

The following powers in or under the Act have been exercised by the FCA to give the guidance in GEN:

Section 139A (Power of the FCA to give guidance)

Section 234G (Guidance)

GEN Sch 4.12G

The following additional powers have been exercised by the FCA to give the other guidance in GEN:

Article 14 (Guidance on continued provisions) of the Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002 (SI 2002/1501)

Articles 9D (Applications for certificates), 9F (Revocation of certificate on request), 9G (Obtaining information from certified persons etc) and 9H (Rules prohibiting the issue of electronic money at a discount) of the Regulated Activities Order

Regulation 93 (Guidance) of the Payment Services Regulations

Section 123 (Application of insolvency law) of the Banking Act 2009

Regulation 14 (Guidance) of the Cross-Border Payments in Euro Regulations

Regulation 60 (Guidance) of the Electronic Money Regulations

Regulation 42 (Guidance) of the RCB Regulations

Regulation 15 (Guidance) of the Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012 (SI 2012/3122)

Regulation 5 (Guidance) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Article 22 (Guidance) of the MCD Order

GEN Sch 4.13G

Powers exercised by the FOS Ltd

GEN 2.1.8 R is made by FOS Ltd in exercise of its powers referred to in Schedule 4 to DISP.