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Status: You are viewing the version of the handbook as on 2009-03-31.

GEN Sch 4 Powers exercised

GEN Sch 4.1 G

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

Section 59 (Approval for particular arrangements)

7Section 73A (Part 6 Rules)

7Section 84 (Matters which may be dealt with by prospectus rules)

7Section 88(3) (Sponsors)

7Section 89A- 89G (Transparency rules)

7Section 89O (Corporate governance rules)

7Section 96 (Obligations of issuers of listed securities)

7Section 96A (Disclosure of information requirements)

7Section 101 (Listing rules: general provisions)

Section 118(8) (Market abuse)

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

Section 138 (General rule-making power)

Section 139 (Miscellaneous ancillary matters)

Section 140 (Restrictions on managers of authorised unit trust schemes)

Section 141 (Insurance business rules)

Section 142(2) (Insurance business: regulations supplementing Authority's rules)

Section 143 (Endorsement of codes etc)

Section 144 (Price stabilising rules)

Section 145 (Financial promotion rules)

Section 146 (Money laundering rules)

Section 147 (Control of information rules)

Section 149 (Evidential provisions)

Section 150(2) (Actions for damages)

Section 156 (General supplementary powers)

Section 158A (Guidance on outsourcing by investment firms and credit institutions)6

Section 213 (The compensation scheme)

Section 214 (General)

Section 215 (Rights of the scheme in relevant person's insolvency)

Section 216 (Continuity of long-term insurance policies)

Section 217 (Insurers in financial difficulties)

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

Section 223(1) (Management expenses)

Section 226 (Compulsory jurisdiction)

7Section 226A(7) (Consumer Credit Jurisdiction)

Section 229 (Awards)

Section 234 (Industry funding)

Section 238(5) (Restrictions on promotion)

Section 239 (Single property schemes)

Section 247 (Trust scheme rules)

Section 248 (Scheme particulars rules)

Section 278 (Rules as to scheme particulars)

Section 283(1) (Facilities and information in the United Kingdom)

Section 293 (Notification requirements)

Section 295(3) (Notification: overseas investment exchanges and overseas clearing houses)

7Section 300B (Duty to notify proposal to make regulatory provision)

Section 322 (Rules applicable to former underwriting members)

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

Section 340 (Appointment)

7Section 341 (Access to books etc)

Paragraph 17 of Schedule 1 (The Financial Services Authority: Fees)

Paragraph 19 of Schedule 3 (EEA Passport Rights: Establishment)

Paragraph 20 of Schedule 3 (EEA Passport Rights: Services)

7Paragraph 1 of Schedule 7 (The Authority as Competent Authority for Part VI)

Paragraph 7(3) of Schedule 17 (The Ombudsman Scheme: Annual reports)

Paragraph 13 of Schedule 17 (Authority's procedural rules)

Regulation 6(1) of the OEIC Regulations (FSA rules)

1Article 15 of The Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 (SI 2001/2326)

1The following articles of the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001 (SI 2001/2967):

1articles 4(3) and 4(4) (Pending applications);

1article 6(2) (Post-commencement applications);

1articles 9(3) and 9(4) (Article 9 defaults occurring before commencement);

1article 10(2) (Applications in respect of compulsory liability insurance);

1article 12(3) (Applications under the new scheme);

1article 23 (Record keeping and reporting requirements relating to pre-commencement acts).

2article 15 of the Financial Services and Markets Act 2000 (Variation of Threshold Conditions) Order 2001 (SI 2001/2507)

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

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

Section 119 (The Code)

Section 120 (Provisions included in the Authority's code by reference to the City Code).

The following powers in the Act have been exercised by the FSA to issue the parts of the statements in GEN:

Section 64 (1) (Conduct: statements and codes)

Section 69 (Statement of policy)including as applied by paragraph 1 of Schedule 5 to the Payment Services Regulations,

Section 124 (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

Section 210 (Statements of policy), including as applied by regulation 86(6) of the Payment Services Regulations

Section 395(5) (The Authority's procedures), including as applied by paragraph 7 of Schedule 5 to the Payment Services Regulations.

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

Section 51 (Applications under this Part)

Section 60 (Applications for approval)

Section 148(3) (Modification or waiver of rules)

Section 182 (Notification)

Section 242 (Applications for authorisation of unit trust schemes)

Section 250(4) and (5) (Modification or waiver of rules)

Section 270(6)(b) (Schemes authorised in designated countries or territories)

Section 274 (Application for recognition of individual schemes)

Section 287 (Application by an investment exchange)

Section 288 (Application by a clearing house)

Section 294(2) (Modification or waiver of rules)

Section 316 (Direction by Authority)

Section 317 (The core provisions)

Section 318 (Exercise of powers through Council)

Regulation 7(3) and (4) of the OEIC Regulations (Modification or waiver of FSA rules)

Regulation 12 of the OEIC Regulations (Authorisation).

article 9D of the Regulated Activities Order (Applications for certificates)

article 9F of the Regulated Activities Order (Revocation of the certificate on request)

The following power in the Act has been exercised by the FSA to make the part of the complaints scheme in GEN:

Paragraph 7 of Schedule 1 (Arrangements for the investigation of complaints).

The following power in the Act has been exercised by the FSA to give the other guidance in GEN:The following powers have been exercised by the FSA to give the other guidance in GEN:

Section 157(1) (Guidance).

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

In this Schedule, references to GEN include the Glossary.

The following articles of the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001 (SI 2001/2967):

articles 4(3) and 4(4) (Pending applications);

article 6(2) (Post-commencement applications);

articles 9(3) and 9(4) (Article 9 defaults occuring before commencement);

article 10(2) (Applications in respect of compulsory liability insurance);

article 12(3) (Applications under the new scheme);

article 23 (Record keeping and reporting requirements relating to pre-commencement acts).

article 15 of the Financial Services and Markets Act 2000 (Variation of Threshold Conditions) Order 2001 (SI 2001/2507)

The following articles of the Regulated Activities Order:

article 9G(1) (Obtaining information form certified persons)

article 9H(1) (Rules prohibiting the issue of electronic money at a discount)

4Regulation 3 of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (SI 2002/1775).

5Regulation 2 of the Financial Services and Markets Act 2000 (Fourth Motor Insurance Directive) Regulations 2002 (SI 2002/2706).

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

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

Section 119 (The Code)

Section 120 (Provisions included in the Authority's code by reference to the City Code).

The following powers in the Act have been exercised by the FSA to issue the parts of the statements in GEN:

Section 64 (1) (Conduct: statements and codes)

Section 69 (Statement of policy)

Section 124 (Statement of policy)

Section 169(9) (Investigations etc in support of overseas regulator)

Section 210 (Statements of policy)

Section 395(5) (The Authority's procedures).

The following powers and related provisions in or under the Act have been exercised by the FSA in GEN specify:

Section 51 (Applications under this Part)

Section 60 (Applications for approval)

Section 148(3) (Modification or waiver of rules)

Section 182 (Notification)

Section 242 (Applications for authorisation of unit trust schemes)

Section 250(4) and (5) (Modification or waiver of rules)

Section 270(6)(b) (Schemes authorised in designated countries or territories)

Section 274 (Application for recognition of individual schemes)

Section 287 (Application by an investment exchange)

Section 288 (Application by a clearing house)

Section 294(2) (Modification or waiver of rules)

Section 316 (Direction by Authority)

Section 317 (The core provisions)

Section 318 (Exercise of powers through Council)

Regulation 7(3) and (4) of the OEIC Regulations (Modification or waiver of FSA rules)

Regulation 12 of the OEIC Regulations (Authorisation).

3article 9D of the Regulated Activities Order (Applications for certificates)

article 9F of the Regulated Activities Order (Revocation of the certificate on request)

The following power in the ActFSA to make the part of the complaints scheme in GEN:

Paragraph 7 of Schedule 1 (Arrangements for the investigation of complaints).

The following power in the Act has been exercised by the FSA to give the other guidance in GEN:

Section 157(1) (Guidance).

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

In this Schedule, references to GEN include the Glossary.