Related provisions for FEES 5.3.2

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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) in the case of a management expenses levy, the level of the FSCS's expected8 expenditure in respect of those expenses in the financial year of the compensation
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 year (and in respect of compensation costs, for expenditure expected in the period of 12 months or, if greater, one third of the expenditure expected in the period of 36 months8following 1 July in that year). 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 year,
FEES 6.3.3GRP
The FSCS has committed itself in Memorandum of Understanding with each of the FCA and the PRA15 to publish its policy in respect of levying.8156815151515
FEES 6.3.4GRP
The discretion over levying in FEES 615 also gives the FSCS, if it thinks this appropriate, the ability to use third parties as its agents in raising and collecting the levies.15
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 12 months following the date of the levy.
FEES 6.3.5RRP
The maximum aggregate amount of compensation costs and specific costs for which the FSCS can levy each8class in any one financial year of the compensation scheme is limited to the amounts set out in the table in FEES 6 Annex 2 R.22
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.55
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 6.4.6 R and FEES 6.5.2 R.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 6.3.17RRP
(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 class2(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) Where the FSCS acts in accordance with (1), it must ensure that:(a) the creditor class2 is reimbursed by the debtor class2
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 6.3.20RRP
(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:8888(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
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.28228
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) 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) participant firms that are exempt from the levy under FEES 6.2; or(3) amounts that the FSCS has not been able to recover from participant firms as a result of FEES 6.3.5 R ; or2(4) amounts
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 6.3.22CRRP
(1) 4This rule applies to the calculation of the levies of a firm (A) if:(a) either:(i) A acquires all or a part of the business of another firm (B), whether by merger, acquisition of goodwill or otherwise; or(ii) A became authorised as a result of B's simple change of legal status (as defined in FEES 3 Annex 1 Part 6); (b) B is no longer liable to pay a levy; and(c) that acquisition or change takes place after the date to which, or as of which, A's most recent statement of business
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.
FEES 6.4.1RRP
A participant firm must pay to the FSCS a share of each management expenses levy.
FEES 6.4.2RRP
The total of all management expenses levies attributable to a particular period of the compensation scheme may not exceed the limit applicable to that period set out in FEES 6 Annex 1 R.
FEES 6.4.3RRP
A participant firm's share of a management expenses levy consists of one or more of: (1) a share of a base costs levy and (2) a share of a specific costs levy.11
FEES 6.4.4RRP
The FSCS must ensure that each participant firm's share of a management expenses levy separately identifies the firm's share of the base costs levy and1specific costs levy .11
FEES 6.4.5RRP
Subject to3FEES 6.3.22 R, the FSCS must calculate a participant firm's share of a base costs levy by:33(1) identifying the base costs which the FSCS has incurred, or expects to incur, in the relevant financial year of the compensation scheme, but has not yet levied and:33(a) 3allocating 50% of those base costs as the sum to be levied on participants in activity groups A.1, A.3, A.4, A.5 and A.6 (as listed in FEES 4 Annex 1B R); and10(b) 3allocating 50% of those base costs as the
FEES 6.4.5AGRP
3The effect of FEES 6.4.5 R is that if a participant firm belongs to activity groups in both (1)(a) and (1)(b) of that rule, it will be required to pay a share of the base costs levy in respect of both sets of activity groups.
FEES 6.4.6ARRP
4The FSCS must allocate any specific costs levy:(1) first, amongst the relevant classes in proportion to the amount of relevant costs arising from the different activities for which firms in those classes have permission up to the levy limit of each relevant class. The FCA provider contribution classes are not relevant classes for this purpose; and(2) thereafter, where the levy limit has been reached (whether as a result of compensation costs or specific costs or both) for a class
FEES 6.4.8RRP
A firm which becomes a participant firm part way through a financial year of the compensation scheme will not be liable to pay a share of a specific costs levy made in that year.
FEES 6.4.10GRP
Since a firm that becomes a participant firm in the course of a financial year of the compensation scheme will already be obtaining a discount in relation to the base costs levy through the modified fee provisions of FEES 4.2.6 R, no rule is necessary in FEES 69 for discounts on the base costs levy.119
FEES 6.4.10ARRP
(1) 22This rule deals with the calculation of:(a) a participant firm'sspecific costs levy in the financial year of the FSCS following the FSCS financial year in which it became a participant firm; or(b) a participant firm'sspecific costs levy in the financial year of the FSCS in which it had its permission extended, and the following FSCS financial year; and(c) the tariff base for the classes3 that relate to the relevant permissions or extensions, as the case may be.3(2) Unless
FEES 6.4.10BGRP

The table below sets out the period within which a participant firm's tariff base is calculated ("the data period") for second year levies calculated under FEES 6.4.10B. The example is based on a participant firm that extends its permission on 1 November 2009 and has a financial year ending 31 March.

References in this table to dates or months are references to the latest one occurring before the start of the FSCS financial year unless otherwise stated.

Type of permission acquired on 1 November

Tariff base

Valuation date but for FEES 6.5.13BR

Data period under FEES 6.5.13bR

Accepting deposits

Protected deposits

As at 31 December 2009

As at 31 December 2009

Effecting contracts of insurance

(Insurers - general)

Relevant net premium income

The firm's tariff base calculated in the year 2009 - so projected valuation will be used.

1 November to 31 December 2009

Dealing in investments as agent in relation to General Insurance Intermediation

Annual eligible income

Financial year ended 31 March 2009 - so projected valuations will be used.

1 November to 31 December 2009

FEES 11.2.1RRP
A designated guidance provider in column (B) of the table in FEES 11 Annex 1R must pay the pensions guidance providers’ levy applicable to it in column (C) of that table:(1) in full and without deduction; and(2) in accordance with this chapter.
FEES 11.2.2RRP
A designated guidance provider must pay the pensions guidance providers’ levy applicable to it within 30 days of the date of the invoice to which that sum relates.
FEES 11.2.3GRP
A designated guidance provider should pay its levy by electronic credit transfer and should notify the FCA if it intends to pay in another way.
FEES 11.2.4RRP
If a designated guidance provider does not pay the total amount of the pensions guidance providers’ levy applicable to it before the end of the date on which it is due, it must pay:(1) an administrative fee of £250; plus(2) interest on any unpaid part of the levy at an annual rate of 5% above the Official Bank Rate from time to time in force, accruing daily from the date on which the amount concerned became due.
FEES 11.2.5GRP
The FCA may reduce or remit all or part of the pensions guidance providers’ levy applicable to a designated guidance provider if it appears to the FCA that in the exceptional circumstances of a particular case paying all or part of it would be inequitable.
FEES 11.2.6GRP
The FCA may refund all or part of the pensions guidance providers’ levy applicable to a designated guidance provider if it appears to the FCA that in the exceptional circumstances of a particular case the FCA retaining all or part of it would be inequitable.
FEES 11.2.7GRP
The FCA may not consider a claim to refund a pensions guidance providers’ levy due to a mistake of fact or law by the designated guidance provider if the claim is made more than two years after the beginning of the fee year to which the levy relates.
FEES 11.2.8GRP
(1) The FCA may recover the pensions guidance providers’ levy from a designated guidance provider as a debt owed by it to the FCA under paragraph 23(8) of Schedule 1ZA of the Act.(2) The FCA will consider taking action for recovery (including interest) through the civil courts.
FEES 11.2.9GRP
The FCA will not relieve or refund the pensions guidance providers’ levy paid by a designated guidance provider if the Secretary of State2 revokes that provider’s designation under section 333E(3) of the Act after the start of that fee year.
FEES 11.2.10RRP

If the Secretary of State2 designates a person as a designated guidance provider under section 333E(1)(e) of the Act in the course of a fee year, the following formula must be used to calculate the pensions guidance providers’ levy to be paid by that provider for that fee year:

(1)

calculate the number of months between and including:

(i)

the month in which the person became a designated guidance provider; and

(ii)

the last month of the relevant fee year;

(2)

divide the number of months calculated in (1) by 12; and2

(3)

multiply the pension guidance providers’ levy set out in column (C) of row 5 of the table at FEES 11 Annex 1R by the number calculated in (2).

FEES 11.2.11RRP
(1) All pensions guidance providers' levies payable under FEES 11 are stated net of value-added tax (VAT).(2) Where VAT is applicable, this must also be included.
FEES 6.7.1RRP
A participant firm must pay its share of any levy made by the FSCS:(1) in one payment; or(2) where the FSCS agrees, quarterly, at the beginning of each quarter, by direct debit agreement.
FEES 6.7.2GRP
The amount paid under a direct debit arrangement will be adjusted on a continuous basis to take account of interim levies and other adjustments made during the course of the financial year.
FEES 6.7.3RRP
A participant firm's share of a levy to which FEES 6.7.1 R (1) applies is due on, and payable within 30 days of, the date when the invoice is issued.
FEES 6.7.4RRP
If a participant firm does not pay its share of a levy subject to a direct debit agreement as required by FEES 6.7.1 R (2), the entire amount of the levy becomes due and payable to the FSCS, and additional administrative fees are payable at the rate set out in FEES 2.2.1 R.
FEES 6.7.5RRP
A participant firm liable to pay its share of the levy under FEES 6.7.1 R must do so using one of the methods set out in FEES 4.2.4 R save that no additional amount or discount is applicable.
FEES 6.7.6RRP
If a firm ceases to be a participant firm or carry out activities within one or more classes54 part way through a financial year4 of the compensation scheme:4(1) it will remain liable for any unpaid levies which the FSCS has already made on the firm; and41(2) the FSCS may make one or more levies4 upon it (which may be before or after the firm5 has ceased to be a participant firm or carry out activities within one or more classes5,4 but must be before it ceases to be an authorised
FEES 6.1.3GRP
The purpose of this chapter is to set out the requirements on participant firms to pay levies imposed by the FSCS to provide funding for its functions.
FEES 6.1.4GRP
Section 213(3)(b) of the Act requires the appropriate regulator to make rules to enable the FSCS to impose levies on authorised persons in order to meet its expenses. These expenses include in particular expenses incurred, or expected to be incurred, in paying compensation, borrowing or insuring risks.
FEES 6.1.4AGRP
Section 224F of the Act enables the appropriate regulator to make rules to enable the FSCS to impose levies on authorised persons (or any class of authorised persons) in order to meet its management expenses incurred if, under Part 15A of the Act, it is required by HM Treasury to act in relation to relevant schemes. But those rules must provide that the FSCS can impose a levy only if the FSCS has tried its best to obtain reimbursement of those expenses from the manager of the
FEES 6.1.5GRP
The FSCS may impose three 6types of levy: a management expenses levy (consisting of a base costs levy and a specific costs levy)9, a compensation costs levy and a MERS levy.6 The FSCS has discretion as to the amount and 9timing of the levies imposed.662
FEES 6.1.6GRP
In calculating a compensation costs levy, the FSCS:9989999(1) for claims for protected deposits, may include compensation costs expected in the 12-month period following the date of the levy; and9(2) for other protected claims, may include up to the greater of one third of the compensation costs expected in the 36-month period following the date of the levy, or the compensation costs expected in the 12 months following that date.9
FEES 6.1.6AGRP
9The total amount of all management expenses levies attributable to a financial year will be restricted to the amount set out on an annual basis in FEES 6 Annex 1 R.
FEES 6.1.8GRP
The9 provisions on the allocation of levies to classes9 up to their levy limits2 meet9 a requirement of section 213(5) of the Act that the appropriate regulator , in making rules to enable the FSCS to impose levies, must take account of the desirability of ensuring that the amount of the levies imposed on a particular class of authorised person reflects, so far as practicable, the amount of claims made, or likely to be made, in respect of that class of person.22229999
FEES 6.1.9GRP
Section 223 of the Act (Management expenses) prevents the FSCS from recovering, through a levy, any management expenses attributable to a particular period in excess of the limit set in COMP as applicable to that period. 'Management expenses' are defined in section 223(3) to mean expenses incurred or expected to be incurred by the FSCS in connection with its functions under the Act, except:(1) expenses incurred in paying compensation;5(2) expenses incurred as a result of the FSCS
FEES 6.1.10GRP
A management expenses levy may consist of two 2elements. The first is a base costs levy, for the base costs of running the compensation scheme in a financial year, that is, costs which are not dependent upon the level of activity of the compensation scheme and which therefore are not attributable to any specific class.9 Included in this category are items such as the salary of the members of the board of the FSCS, the costs of the premises which the FSCS occupies, and its audit
FEES 6.1.11AGRP
10The second element of a management expenses levy is a specific costs levy for the "specific costs" of running the compensation scheme in a financial year. These costs are attributable to a class, and include the salary costs of certain staff of the FSCS and claims handling and legal and other professional fees. It also may include the cost of any insurance cover that FSCS secures against the risk of FSCS paying out claims above a given level in any particular class (but below
FEES 6.1.14GRP
In imposing a compensation costs levy in each financial year of the compensation scheme the FSCS will take into account the compensation costs which the FSCS has incurred and has not yet raised through levies, any recoveries it has had made using the rights that have been assigned to it or to which it is subrogated and9 a further amount calculated taking into account:9(1) 9for claims for protected deposits, those compensation costs it expects to incur (including in respect of
FEES 6.1.16GRP
If a participant firm is a member of more than one class9,2 the total compensation costs levy and specific costs levy for that firm in a particular year9 will be the aggregate of the individual levies calculated for the firm9 in respect of each of the classes for that year. Each class9 has a levy limit which is the maximum amount of compensation costs and specific costs9 which may be allocated to a particular class9 in a financial year for the purposes of a levy.29299299
FEES 6.1.16AGRP
The FCA has made rules providing that compensation costs and specific costs attributable to the intermediation classes and the investment provision class, which exceed the classlevy limits, may be allocated to the retail pool. Levies allocated to the retail pool are then allocated amongst the other such classes, together with certain classes (known as FCA provider contribution classes). The FCA provider contribution classes may contribute to compensation costs levies or specific
FEES 6.1.17GRP
Incoming EEA firms which obtain cover or 'top up' under the provisions of COMP 14 are firms whose Home State scheme provides no or limited compensation cover in the event that they are determined to be in default. Under FEES 6.6, the FSCS is required to consider whether incoming EEA firm's should receive a discount on the amount that they would otherwise pay as their share of the levy, to take account of the availability of their Home State cover. The amount of any discount is
FEES 5.3.1GRP
Each financial year, the FCA and FOS Ltd will consult on the amount of the annual budget19of the Financial Ombudsman Service which is to be raised by the general levy. 19
FEES 5.3.5GRP
The FCA will specify a minimum levy for firms in each industry block.
FEES 5.3.6RRP
A firm must pay to the FCA a general levy towards the costs of operating the Compulsory Jurisdiction of the Financial Ombudsman Service.
FEES 5.3.8RRP
A firm'sgeneral levy under the compulsory jurisdiction19 is calculated as follows: (1) identify each of the tariff bases set out in FEES 5 Annex 1 which apply to the relevant business of the firm for the relevant year; 19(2) for each of those tariff bases, calculate the sum payable in relation to the relevant business of the firm for that year;(3) add together the amounts calculated under (2).
FEES 5.3.9RRP
For the purpose of FEES 5.3.6 R and FEES 5.3.8 R, a member of the Society of Lloyd's or a managing agent at Lloyd's will not in that capacity be treated as a firm. But the Society of Lloyd's will pay a general levy in respect of Lloyd's insurance business conducted with eligible complainants.
FEES 5.3.10RRP
For the purpose of FEES 5.3, references to relevant business for a firm which falls in industry block 16 or 17 and which so elects under FEES 5 Annex 1, are references to the firm's total amount of annual income reported in accordance with Part 2 of FEES 4.19
FEES 10.2.1RRP
A firm must pay the pensions guidance levy applicable to it:(1) in full and without deduction; and(2) in accordance with this chapter.
FEES 10.2.2RRP
(1) A firm must pay the pensions guidance levy applicable to it within 30 days of the date of the invoice to which that sum relates, unless any of (2) to (5) apply.(2) If the firm has applied to cancel its Part 4A permission under SUP 6.4.5D (Cancellation of permission), the firm must pay the pensions guidance levy applicable to it on the date of its application.(3) If the FCA has exercised its own-initiative powers to cancel a firm'sPart 4A permission, the firm must pay the
FEES 10.2.3RRP
The pensions guidance levy applicable to a particular firm is calculated as follows:(1) identify each of the activity groups in FEES 10.1.1R (2) that apply to the business of the firm for the relevant period;(2) calculate the amount payable under FEES 10.2.4 R for each of those activity groups;(3) modify the result in accordance with FEES 10.2.5 R if applicable; and(4) apply any payment charge in FEES 4.2.4 R.
FEES 10.2.4RRP
The amount payable for a particular activity group is calculated as follows:(1) (a) calculate the size of the firm's tariff base for the activity group using: (i) the tariff base calculations in Part 3 of FEES 4 Annex 1A; and(ii) the valuation date requirements in Part 5 of FEES 4 Annex 1A;(b) exclude mathematical reserves in the calculation for fee block A4;(2) use the figure in (1) to calculate the levy applicable for each band in FEES 10 Annex 1;(3) add together the sums for
FEES 10.2.5RRP
For the first fee year during which FEES 10 applies to a firm'spermission to carry on a regulated activity, the pensions guidance levy applicable to that permission must be modified using the formula in FEES 4.2.6 R.
FEES 10.2.6RRP
For FEES 10.2.4 R, a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:(1) it has reasonable grounds for believing that the cost of identifying the firm'sUK business separately from its non-UK business is disproportionate to the difference in the pensions guidance levy payable by it; and(2) it notifies the FCA in writing: (a) at the same time as it provides the information concerned under FEES 4.4 (Information on which
FEES 10.2.7RRP
The pensions guidance levy is calculated using the same information that is used to calculate a firm's periodic fee under FEES 4.
FEES 10.2.8RRP
Where a firm which has not complied with FEES 4.4.2 R (Information on which fees are calculated) in relation to a particular fee year the pensions guidance levy for that firm for that fee year is calculated using (where relevant) the valuation(s) of business used to calculate the pensions guidance levy for that firm for the previous fee year, multiplied by the factor of 1.10.
FEES 10.2.9RRP
(1) All levies payable under FEES 10 are stated net of VAT.(2) Where VAT is applicable, this must also be included.
FEES 7.2.1RRP
A firm must pay each CFEB levy applicable to it:(1) in full and without deduction (unless permitted or required by a provision in FEES); and(2) in accordance with the provisions of FEES 4.3.6 R as modified by FEES 7.2.1A R.1
FEES 7.2.1ARRP
(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(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(b) the balance of the CFEB levy due for the current financial year by 1 September in the financial year to
FEES 7.2.2RRP
The CFEB levy is calculated as follows:(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 and the activity groups under are defined in accordance with Part 1 of that Annex);FEES 4 Annex 1A);66(2) for each of those activity groups, calculate the amount payable in the way set out in FEES 7.2.3 R;(3) add the amounts
FEES 7.2.4RRP
For the purposes of FEES 7.2.3 R:(1) a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:(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 1A6 and Part 1 of FEES 4 Annex 111 are disproportionate to the difference in fees payable; and (b) it notifies the FCA in writing at the same time as it provides
FEES 7.2.6RRP
The CFEB levy in relation to the Society is specified against its activity group in Part 1 of FEES 7 Annex 1.
FEES 7.2.7GRP
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 7.2.8RRP
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 7.2.10GRP
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, or6designated professional bodies should be disregarded.166
FEES 7.1.2GRP
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 7.1.6GRP
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 7.1.7GRP
The amounts to be paid under the CFEB levy may include a component to cover the FCA's expenses in collecting the payments.
FEES 7.1.8GRP
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 7.1.10GRP
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.
FEES 7.1.11GRP
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 6.5.2-ARRP
12The FSCS must allocate any compensation costs levy:(1) first, to the relevant classes in proportion to the amount of compensation costs arising from, or expected to arise from, claims in respect of the different activities for which firms in those classes have permission up to the levy limit of each relevant class. The FCA provider contribution classes are not relevant classes for this purpose; and(2) thereafter, where the levy limit has been reached (whether as a result of
FEES 6.5.2AGRP
4The use made by FSCS of borrowing facilities to provide liquidity until the next levy does not affect the attribution of compensation costs, nor the10 allocation of compensation cost levies; the allocation of a compensation costs levy occurs at the time that the FSCS imposes a levy.10
FEES 6.5.5RRP
4(1) A participant firm must pay to the FSCS a share of each compensation costs levy allocated to the classes of which it is a member10 unless either the firm is exempt under FEES 6.2 (Exemption) or the FSCS has chosen to exercise its discretion under FEES 6.3.23 R in respect of that firm.4(2) [deleted]10104
FEES 6.5.6ARRP
12The FSCS must calculate each participant firm's share of a compensation costs levy (subject to FEES 6.3.22 R (Adjustments to calculation of levy shares)) by:(1) identifying each of the relevant classes to which each participant firm belongs, using the statement of business most recently supplied under FEES 6.5.13 R (1);(2) identifying the compensation costs falling within FEES 6.5.1 R allocated, in accordance with FEES 6.5.2 R, to the classes identified in (1);(3) calculating,
FEES 6.5.9RRP

A firm which becomes a participant firm part way through a financial year of the compensation scheme will not be liable to pay a share of a compensation costs levy made in that year.4

FEES 6.5.9ARRP
6FEES 6.4.10AR applies to the calculation of a participant firm'scompensation costs levy and its tariff base as it applies to the calculation of its specific costs levy.
FEES 6.5.16RRP
If a participant firm does not submit a complete statement by the date on which it is due in accordance with FEES 6.5.13 R and any prescribed submission procedures:(1) the firm must pay an administrative fee of £250 (but not if it is already subject to an administrative fee under FEES 4 Annex 2A R, Part 119 or FEES 5.4.1 R for the same financial year); and19(2) the compensation costs levy and any specific costs levy will be calculated using (where relevant) the valuation or valuations
FEES 6.5A.1RRP
The FSCS must allocate a compensation costs levy or specific costs levy, which has been allocated to the retail pool (under FEES 6.5.2-A R(2)):(1) to classes whose retail pool levy limit has not been reached as at the date of the levy;(2) in proportion to the relative sizes of the retail pool levy limits of the classes in (1); and(3) in accordance with the table in FEES 6 Annex 5.[Note: The retail pool levy limits for classes other than FCA provider contribution classes are the
FEES 6.5A.2RRP
(1) An allocation in FEES 6.5A.1 R to an FCA provider contribution class other than the home finance providers and administrators' contribution class may not be of an amount that, if it were added to any compensation costs levies or specific costs levies which have previously been imposed on the PRA funding class which corresponds to that FCA provider contribution class (as set out in FEES 6.5A.7 R) the combined figure would be greater than the levy limit of the corresponding
FEES 6.5A.3GRP
In considering which of the options in FEES 6.5A.2 R (2) to adopt, the FSCS will generally impose a levy, rather than borrow or utilise funds as described in FEES 6.5A.2R(2)(c), unless the latter options appear to be preferable in the specific circumstances prevailing at the relevant time.
FEES 6.5A.4RRP
The calculation of the relative sizes of the retail pool levy limit (for the purpose of FEES 6.5A.1 R) is based on the original retail pool levy limits for the classes (as set out in FEES 6 Annex 5) and not the remaining capacity in each class.
FEES 6.5A.5RRP
When the FSCS allocates excess compensation costs levies or specific costs levies under FEES 6.5A.1 R or any levy imposed under FEES 6.5A.2 R (3)(a) , a class to which part of the excess is allocated (a "receiving class") may, as a result of that allocation, itself reach its limit. In that case, the FSCS must apply FEES 6.5A.1 R or FEES 6.5A.2 R so that any resulting excess levy beyond the limit of the receiving class is allocated amongst the remaining classes whose limits have
FEES 6.5A.6RRP
In relation to a specific costs levy or compensation costs levy allocated to an FCA provider contribution class in the retail pool, FEES 6.4.7A R (3) and FEES 6.5.6A R (3), respectively, are replaced by the following: "calculating, in relation to each relevant class, the participant firm's most recent regulatory costs arising from its membership of the corresponding activity group (as listed in FEES 4 Annex 1A R) set out in FEES 6.5A.7 R, as a proportion of the total most recent
FEES 10.4.1GRP
The FCA may reduce or remit all or part of the pensions guidance levy applicable to a firm if it appears to the FCA that, in the exceptional circumstances of a particular case, paying all or part of it would be inequitable.
FEES 10.4.2GRP
The FCA may refund all or part of the pensions guidance levy applicable to a firm if it appears to the FCA that, in the exceptional circumstances of a particular case, retaining all or part of the pensions guidance levy applicable to that firm would be inequitable.
FEES 10.4.3GRP
(1) A poor estimate or forecast by a levy payer, when providing information relevant to an applicable tariff base, is unlikely to be an exceptional circumstance under FEES 10.4.1 G or FEES 10.4.2 G.(2) By contrast, a mistake of fact or law by a levy payer may give rise to such a claim.
FEES 10.4.4GRP
The FCA is entitled not to consider a claim under FEES 10.4.1 G or FEES 10.4.2 G to refund any overpaid amounts due to a mistake of fact or law by the fee paying firm if the claim is made more than two years after the beginning of the period to which the pensions guidance levy subject to the claim relates.
FEES 2.3.1RRP
If it appears to the FCA5 or410 the FSCS (in relation to any FSCS levy only) 2 that in the exceptional circumstances of a particular case, the payment of any fee, FSCS levy2,3FOS levy or CFEB levy3would be inequitable, the FCA5 or410 the FSCS2 as relevant, may (unless FEES 2.3.2B R applies)1 reduce or remit all or part of the fee or levy in question which would otherwise be payable. 41034104103410
FEES 2.3.2RRP
If it appears to the FCA5 or410 the FSCS (in relation to any FSCS levy only)2 that in the exceptional circumstances of a particular case to which FEES 2.3.1R does not apply, the retention by the FCA5 the FSCS,2 or the CFEB3, as relevant, of a fee,3FOS levy or CFEB levy3which has been paid would be inequitable, the FCA5 the FSCS2 or the CFEB3, may (unless FEES 2.3.2B R applies)1 refund all or part of that fee or levy.410341034103410
FEES 2.3.2AGRP
1A poor estimate or forecast by a fee or levy 2payer, when providing information relevant to an applicable tariff base, is unlikely, of itself, to amount to an exceptional circumstance for the purposes of FEES 2.3.1 R or FEES 2.3.2 R. By contrast, a mistake of fact or law by a fee or levy 2payer may give rise to such a claim.
FEES 2.3.2BRRP
1The FCA5or the FSCS2may not consider a claim under FEES 2.3.1 R and/or FEES 2.3.2 R to reduce, remit or refund any overpaid amounts paid by a fee or levy2 payer in respect of a particular period, due to a mistake of fact or law by the fee or levy2 payer, if the claim is made by the fee or levy2 payer more than 2 years after the beginning of the period to which the overpayment relates.
FEES 2.1.1RRP
621Except to the extent referred to in FEES 2.1.1A R, this1621120 chapter applies to every person who is required to pay a fee or share of a levy to the FCA12, FOS Ltd or FSCS, as the case may be, by a provision of the Handbook.
FEES 2.1.1ARRP
621This chapter does not apply in relation to:88(1) FEES 5.5A; or8(2) FEES 5 Annex 2R; or8(3) FEES 5 Annex 3R; or8(4) a PSR fee8; or9(5) the pensions guidance levy; or10910(6) the pensions guidance providers’ levy; or1110(7) 11the FOS ADR levy.
FEES 2.1.4GRP
The purpose of this chapter is to set out the general provisions applicable to those who are required to pay fees or levies to the5FCA12or a share of the FSCS levy.621562156
FEES 2.1.5GRP
(1) The following enable the FCA to charge fees to cover its costs and expenses in carrying out its functions:13(a) paragraph 23 of Schedule 1ZA of the Act;13(b) regulation 92 of the Payment Services Regulations;13(c) regulation 59 of the Electronic Money Regulations;13(d) article 25(a) of the MCD Order; and13(e) regulation 21 of the Small and Medium Sized Businesses (Credit Information) Regulations. 13(f) regulation 18 of the Small and Medium Sized Business (Finance Platforms)
FEES 2.1.7GRP
The key components of the FCA12fee mechanism (excluding the FSCS5levy, the FOS5 levy and case fees, and the CFEB levy5which are dealt with in FEES 5,5FEES 6 and FEES 7)5 are:555(1) a funding requirement derived from:(a) the FCA’s12financial management and reporting framework;(b) the FCA’s12budget; and(c) adjustments for audited variances between budgeted and actual expenditure in the previous accounting year, and reserves movements (in accordance with the FCA’s12reserves policy);(2)
FEES 12.2.1RRP
FOS Ltd must pay the FOS ADR levy:(1) in full and without deduction; and(2) in accordance with this chapter.
FEES 12.2.2RRP
(1) The FCA will raise the FOS ADR levy annually in arrears. (2) The FCA will invoice FOS Ltd in April for the FOS ADR levy relating to the previous fee year.(3) FOS Ltd must pay the FOS ADR levy within 30 days of the date of the invoice.
FEES 12.2.3RRP
The FOS ADR levy is calculated as follows:(1) Determine the number of hours, or part of an hour, taken by the FCA, in performing functions under the ADR Regulations.(2) Using the table at FEES 3 Annex 9R(11), determine the relevant pay grades of those employed by the FCA to perform the functions under the ADR Regulations.(3) Next, multiply the applicable rate in the table at FEES 3 Annex 9R(11) by the number of hours or part hours obtained under (1).(4) Then add any fees and disbursements
FEES 12.2.5GRP
The obligation to pay the FOS ADR levy is ongoing.
FEES 12.2.6RRP
(1) All levies payable under FEES 12 are stated net of VAT.(2) Where VAT is applicable, this must also be included.
FEES 2.2.1RRP
If a person does not pay the total amount of a periodic fee3, FOS levy, or share of the FSCS levy or CFEB levy6, before2 the end of the2 date on which it is due, under the relevant provision in FEES 4, 5, 6 or 7, 6that person must pay an additional amount as follows: 342972326(1) if the fee was not paid in full before the end of the due date, an administrative fee of £250; plus(2) interest on any unpaid part of the fee at the rate of 5% per annum above the Official Bank Rate10
FEES 2.2.2GRP
The FCA22, (for FCA and PRA22periodic fees, FOS and FSCS levies and CFEB levies), expects11 to issue invoices at least 30 days before the date on which the relevant amounts fall due. Accordingly it will generally be the case that a person will have at least 30 days from the issue of the invoice before an administrative fee becomes payable.226723117232
FEES 2.2.3GRP
(1) Paragraph15 23(8) of Schedule 1ZA of the Act permits the FCA to recover fees (including fees relating to payment services, the issuance of electronic money, fees relating to CBTL firms, designated credit reference agencies, designated finance platforms16 and, where relevant, FOS levies and CFEB levies).14(2) Section 213(6) of the Act permits the FSCS to recover shares of the FSCS levy payable, as a debt owed to the FCA and FSCS respectively. 14(3) The FCA and FSCS, as relevant,
FEES 2.2.4GRP
In addition, the FCA13may be entitled to take regulatory action in relation to the non-payment of fees,6FOS levies and CFEB levies. The FCA136 may also take regulatory action in relation to the non-payment of FOS case fees or 723 a723 share of the FSCS levy, after reference of the matter to the6FCA13 by the6FSCS. What action (if any) that is taken by the FCA13will be decided upon in the light of the particular circumstances of the case.666723723
FEES 10.5.1GRP
(1) The Handbook provisions relating to the pensions guidance levy are meant to follow closely the provisions relating to the payment of periodic fees payable by an authorised person under FEES 4.(2) As such, the table in FEES 10.5.4 R lists rules in FEES 4 that also apply, in a modified form, to the pensions guidance levy.
FEES 10.5.2RRP
The rules in the table in FEES 10.5.4 R and any other rules in FEES included in FEES 10 by cross-reference apply to the pensions guidance levy in the same way as they apply to periodic fees payable under FEES 4.
FEES 10.5.3RRP
A reference to a periodic fee in a FEES 4rule incorporated into FEES 10 must be read, for the purposes of applying that rule to the pensions guidance levy, as a reference to the pensions guidance levy.
FEES 10.5.4RRP

Table of rules in FEES 4 that also apply in FEES 10.

FEES 4 incorporated into FEES 10

Description

Modifications

FEES 4.2.4 R

Method of payment

none

FEES 4.2.7B R

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

none

FEES 4.2.7C G

Application of FEES

none

FEES 4.2.8 R

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

none

FEES 4.2.9 G

Fee payers ceasing to hold relevant status or reducing the scope of their permission after start of relevant period

Reference to column (1) of the table in FEES 4.2.11 R is a reference to FEES 10.1.2 G

FEES 4.3.7 R

Groups of firms

Reference to FEES 4.2.1 R is a reference to FEES 10.2.1 R.

FEES 4.3.13 R

Firms applying to cancel or vary permission before start of period

Reference toFEES 4.2.1 R is a reference to FEES 10.2.1 R.

FEES 4.3.15 R

Firms acquiring businesses from other firms

Reference to FEES 4.2.6 R and FEES 4.2.7 R is a reference to FEES 10.2.5 R

Reference to FEES 4.2.1 R is a reference to FEES 10.2.1 R

FEES 4.4.1 R to FEES 4.4.6 R

Information on which fees are calculated

none

FEES 6.4A.1RRP
1A participant firm must pay to the FSCS a share of each MERS levy.
FEES 6.4A.2RRP
The FSCS can impose a MERS levy only if the FSCS has tried its best and has failed to obtain reimbursement of those expenses from the manager of the relevant compensation scheme.
FEES 6.4A.3RRP
The FSCS must calculate a participant firm's share of a MERS levy on a reasonable basis.
FEES 10.3.1RRP
If a firm does not pay the total amount of the pensions guidance levy before the end of the date on which it is due, it must pay:(1) an administrative fee of £250; plus(2) interest on any unpaid part of the levy at an annual rate of 5% above the Official Bank Rate from time to time in force, accruing daily from the date on which the amount concerned became due.
FEES 10.3.3GRP
(1) The FCA may recover the pensions guidance levy as a debt owed to the FCA under paragraph 23(8) of Schedule 1ZA of the Act.(2) The FCA will consider taking action for recovery (including interest) through the civil courts.
FEES 10.3.4GRP
(1) In addition, the FCA may be entitled to take regulatory action for the non-payment of the pensions guidance levy.(2) What action (if any) is taken by the FCA will be decided by the particular circumstances of the case.
FEES 5.1.2AGRP

718Table of FEES 5 rules made by the FOS Ltd

FEES 5 rules made by the FOS Ltd

Description

FEES 5.5B19

19

Rules relating to case fees

FEES 5 Annex 2R

Annual Levy Payable in Relation to the Voluntary Jurisdiction

FEES 5 Annex 3R

Case Fees Payable

FEES 5.1.5RRP
A firm which ceases to be exempt under FEES 5.1.4 R is to be treated, for the purposes of its contribution to the general levy, as a firm to which FEES 5.8 applies.
FEES 5.1.6AGRP
718Firms which cease to be authorised and therefore subject to the Compulsory Jurisdiction part way through the year will not receive a refund of their general levy except in exceptional circumstances.
FEES 5.1.7GRP
The purpose of this chapter is to set out the requirements on firms to pay annual fees (through a general levy invoiced and collected by the FCA on behalf of FOS Ltd) and case fees (invoiced and collected directly by FOS Ltd) in order to fund the operation of the Financial Ombudsman Service.This Chapter4 also provides for unauthorised persons to pay case fees to FOS Ltd in respect of any relevant complaints which it handles.44