Bank of England and Financial Services Bill [Lords] — House of Commons, 2016-04-19
Topic: Domestic Commerce
Natascha Engel (Labour, Centre-left): With this it will be convenient to discuss the following: New clause 10—Debt management plan charges— (1) The Financial Services and Markets Act 2000 is amended as follows (2) After section 137FBB insert— "137FBC FCA general rules: debt management plan charges (1) The FCA must make general rules in relation to debt management plans (2) The rules must specify that— (a) if a majority of creditors agree to a creditor fee arrangement, then all creditors shall be bound by the arrangement; (b) a creditor fee arrangement may subsequently be varied by the agreement of a majority of creditors; and (c) a creditor fee arrangement and any variations must take the form of a written contract executed by a majority of the creditors and must be distributed to all creditors upon completion (3) In this section— "creditor fee arrangement" means an arrangement whereby the fees incurred as part of the debt management plan are paid by the creditors, calculated either as a fixed amount, a percentage of the amount owed to them or a combination of a fixed amount and a percentage; and "a majority of creditors" means a subset of creditors where the amount owed to them is more than half of the total amount owed."’ New clause 14—Combating abusive tax avoidance arrangements— ‘(1) Section 3B of the Financial Services and Markets Act 2000 (Regulatory principles to be applied by both regulators) is amended as follows (2) At the end of subsection (1) insert— "(i) combating abusive tax avoidance arrangements (1A) (a) in observing principle (i), the regulators must undertake, in consultation with the Treasury, an annual review for presentation to the Treasury into abusive tax avoidance, including measures to ascertain and record beneficial ownership of trusts using facilities provided by banks with UK holding companies or entities regulated by the Bank of England or the FCA, control of shareholders and ownership of shares, and investment arrangements in an overseas territory outside the UK involving UK financial institutions (b) in this section "beneficial ownership of trusts" includes ownership of any equitable interest in a trust including being an object of a discretionary trust, power of appointment or similar arrangement as well as any vested interest under a trust; (c) "control of shareholders and ownership of shares in companies using facilities provided by banks with UK holding companies or entities regulated by the Bank of England or the FCA" shall include control by any person with control over a voteholder in a company as defined in Part VI Official Listing s.89F of the FSMA (2000) as applied mutatis mutandis to this context, whether directly or indirectly, and whether alone or in concert with some other person."’ Amendment 1, in clause 24, page 20, leave out lines 5 to 10 Amendment 8, page 20, line 10, at end add "and insert— ‘(6) Where the authorised person mentioned in subsection (5) is a relevant authorised person, as defined under section 71A of the Financial Services and Markets Act 2000, subsection (5)(d) does not apply and subsections (7) and (8) do apply (6A) If the FCA satisfies itself that a person (P), who is a senior manager in relation to a relevant authorised person, is guilty of misconduct by virtue of subsections (5)(a)-(c), then P shall be guilty of misconduct, subject only to subsection (8) (6B) But P is not guilty of misconduct by virtue of subsections (5)(a)-(c) and (7) if P satisfies the FCA that P had taken such steps as a person in P’s position could reasonably be expected to take to avoid the contravention occurring (or continuing)."" Amendment 2, page 20, leave out lines 22 to 27.p Amendment 9, page 20, line 27, at end add "and insert— ‘(6) Where the PRA-authorised person mentioned in subsection (5) is a relevant authorised person, as defined under section 71A of the Financial Services and Markets Act 2000, subsection (5)(d) does not apply and subsections (6A) and (6B) do apply (6A) If the PRA satisfies itself that a person (P) who is a senior manager in relation to a relevant PRA-authorised person is guilty of misconduct by virtue of subsections (5)(a)-(c), then P shall be guilty of misconduct, subject only to subsection (6B) (6B) But P is not guilty of misconduct by virtue of subsections (5)(a)-(c) and (7) if P satisfies the PRA that P had taken such steps as a person in P‘s position could reasonably be expected to take to avoid the contravention occurring (or continuing)." Amendment 10, in schedule 4, page 62, line 2, leave out paragraph 18.