# The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (No. 2) Order 2013

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U.K.

Statutory Instruments

# 2013 No. 3116

Financial Services And Markets

# The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (No. 2) Order 2013

Made

9th December 2013

Laid before Parliament

10th December 2013

Coming into force

1st January 2014

The Treasury, in exercise of the powers conferred on them by the following sections of the Financial Services and Markets                           Act 2000 F1: 1A(6)(d); 1L(2)(b); 2A(6)(d); 39(4)(b); 66(2)(b)(ii); 66(2A)(b)(ii); 168(4)(k); 204A(2)(b), (4); 380(6)(a)(i), (9); 382(9)(a)(i),                           (12); 384(7)(a), (10); and paragraph 23(2)(b) of Schedule 1ZA and paragraph 31(2)(b) of Schedule 1ZB to that Act F2, makes the following Order:                        

F12000 c. 8; Sections 1A to 3S were inserted by section 6 of the Financial Services Act 2012 (c.21); section 39(4) was substituted by Schedule 18 to that Act; section 66(2) and (2A) were substituted by Schedule 5 to that Act; section 168 was amended by Schedule 12 to that Act; sections 204A, 380, 382 and 384 were amended by Schedule 9 to that Act. There are other amendments to these provisions which are not relevant to                              this Order.

F2Schedules 1ZA and 1ZB were inserted by Schedule 3 to the Financial Services Act 2012.

## Citation, commencement and interpretationU.K.

1.—(1) This Order may be cited as the Financial Services and Markets Act 2000 (Qualifying EU Provisions) (No. 2) Order 2013 and comes                     into force on 1st January 2014.                  

(2) For the purposes of this Order—

“the CRA Regulation” means Regulation 1060/2009/EC of the European Parliament and of the Council of 16 September 2009 on credit rating agencies F3;                  

“the CRD4 instruments” means F4—                  

the capital requirements regulation; and

any directly applicable regulation made under the capital requirements regulation or the capital requirements directive;

“FSMA” means the Financial Services and Markets Act 2000.                  

[F5(3)In paragraph (2) the references to the CRA Regulation and the capital requirements regulation are to be treated as references                        to those regulations as they have effect at the beginning of the day on which the Financial Services and Markets Act 2000                        (Amendment) (EU Exit) Regulations 2019 are made (but see regulation 2 of the European Union (Withdrawal) Act 2018 (Consequential Modifications                        and Repeals and Revocations) Regulations 2019, which may further update the references).                  

(4)In paragraph (2) in the definition of “the CRD4 instruments”—                  

(a)the reference to any directly applicable regulation made under the capital requirements regulation is a reference to—                  

(i)any EU regulation, originally made under the capital requirements regulation, which is retained direct EU legislation,                  

(ii)any technical standards made in relation to the capital requirements regulation in accordance with Chapter 2A of Part 9A of                           the Act, and                  

(iii)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for                           a power of an EU entity to make a directly applicable regulation under the capital requirements regulation by regulations made under section                           8 of the European Union (Withdrawal) Act 2018;                  

(b)the reference to any directly applicable regulation made under the capital requirements directive is a reference to—                  

(i)any EU regulation, originally made under the capital requirements directive, which is retained direct EU legislation,                  

(ii)any technical standards made in relation to the capital requirements directive in accordance with Chapter 2A of Part 9A of                           the Act, and                  

(iii)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for                           a power of an EU entity to make a directly applicable regulation under the capital requirements directive by regulations made under section                           8 of the European Union (Withdrawal) Act 2018.]                  

F3OJ no L302, 17/11/2009, p.1; the Regulation was amended by Directive 2011/61/EU (OJ no L 174 1.7.2011), Regulation (EU) No                              513/2011(OJ no L 145 31.5.2011) and Regulation (EC) No 462/2013 ((OJ no L 146, 31.5.2013, p. 1) and was corrected by Corrigendum,                              OJ L 350, 29.12.2009 p. 59.

F4Definitions of “capital requirements regulation” and “capital requirements directive” are inserted into section 417 of FSMA                              by the Capital Requirements Regulations 2013.

F5Art. 1(3)(4) inserted (23.3.2019 for specified purposes) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(2)(i), **190(3)**

## Qualifying EU provisionsU.K.

2.  Articles 4(1), 5a, 8b, 8c, 8d and 25a of the CRA Regulation are specified qualifying EU provisions for the purposes of the                     following provisions of FSMA—                  

(a)sections 1A(6)(d), 1L(2)(b), [F666A(4)(b)] , 168(4)(k), 204A(2)(b), 380(6)(a)(i), 382(9)(a)(i) and 384(7)(a); and                  

(b)paragraph 23(2)(b) of Schedule 1ZA.                  

F6Word in art. 2(a) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, **3(a)**

## 

3.  The CRD4 instruments are specified qualifying EU provisions for the purposes of the following provisions of FSMA—                  

(a)sections 1A(6)(d), 1L(2)(b), 2A(6)(d), 39(4)(b), [F766A(4)(b), 66B(4)(b)], 168(4)(k), 204A(2)(b), 380(6)(a)(i), 382(9)(a)(i) and 384(7)(a);                  

(b)paragraph 23(2)(b) of Schedule 1ZA; and                  

(c)paragraph 31(2)(b) of Schedule 1ZB.                  

F7Words in art. 3(a) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, **3(b)**

## Appropriate regulatorU.K.

4.  The appropriate regulator for the purposes of each provision of Part 14 and sections 380, 382 and 384 of FSMA is—                  

(a)in relation to a contravention of a requirement imposed by Article 4(1), 5a, 8b, 8c or 8d of the CRA Regulation, the FCA;                  

(b)in relation to a contravention of a requirement imposed by a CRD4 instrument—                  

(i)the PRA, in the case of a PRA-authorised person; and                  

(ii)the FCA, in the case of any other person.                  

David Evennett

Mark Lancaster

 Two of the Lords Commissioners of Her Majesty's Treasury

## Explanatory Note

(This note is not part of the Order)

This Order specifies the following EU legislation as qualifying EU provisions for the purposes of various provisions of the                        Financial Services and Markets Act 2000 (c. 8) (“FSMA”):                     

Articles 4(1), 5a, 8b, 8c, 8d and 25a of Regulation 1060/2009/EC of the European Parliament and of the Council of 16 September                                 2009 on credit rating agencies (OJ no L302, 17/11/2009, p.1);                              

Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit                                 institutions and investment firms (OJ no L176, 27/6/2013, p.1, for corrigenda see OJ no L208, 2/8/2013 p.68 and OJ no L321,                                 30/11/2013 p. 6) (the “CRR”);                              

any directly applicable regulation made under the CRR or Directive 2013/36/EU of the European Parliament and of the Council                                 of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and                                 investment firms (OJ no L176, 27/6/2013, p. 338, for corrigenda see OJ no L208, 2/8/2013, p.73).                              

The effect of the Order is to apply certain provisions of FSMA for purposes connected with the qualifying EU provisions.

Articles 2 and 3 specify provisions of EU law for general purposes including sections 1A and 2A of FSMA (the functions of                        the Financial Conduct Authority (“FCA”) and the functions of the Prudential Regulation Authority (“PRA”)), section 168 of                        FSMA (power of the regulators to appoint an investigator) and disciplinary measures imposed under Part 14 of FSMA.                     

Article 4 specifies which of the FCA or PRA is responsible for taking disciplinary action in relation to each specified provision                        of EU law.                     

An impact assessment has not been produced for this instrument as no significant impact on the costs of business or the voluntary                        sector is foreseen.