The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

• (a) in regulation 2(1) (interpretation)—

• (i) in the definition of “the Authority”, for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (ii) after the definition of “payment services” insert—

• “person who has a qualifying relationship with a PRA-authorised person” is to be read with section 415B(4) of the 2000 Act;
• “the PRA” means the Prudential Regulation Authority;
• “PRA-authorised person” has the meaning given in section 2B(5) of the 2000 Act;

• (b) in regulation 24 (duties of supervisory authorities)—

• (i) in paragraph (4)—

• (aa) for “Schedule 1” substitute “Schedule 1ZA”;

• (bb) for “(the Financial Services Authority)” substitute “(the Financial Conduct Authority)”,

• (ii) after paragraph (4), insert—

(5) The functions of the PRA under these Regulations shall be treated for the purposes of Parts 1, 2 and 4 of Schedule 1ZB to the 2000 Act (the Prudential Regulation Authority) as functions conferred on the PRA under that Act.

• (c) in regulation 24A(2) (disclosure by supervisory authorities), after sub-paragraph (a), insert—

(aa) by the Authority to the PRA, where the information concerns a PRA-authorised person or a person who has a qualifying relationship with a PRA-authorised person;

• (d) in regulation 31(2)(b) (requirement on authorised person to inform the Authority), before “Authority” insert “Financial Services”;

• (e) in regulation 42 (power to impose civil penalties), after paragraph (4), insert—

(4A) Where the Authority proposes to impose a penalty under this regulation on a PRA-authorised person or on a person who has a qualifying relationship with a PRA-authorised person, it must consult the PRA.

• (f) in regulation 49(1) (obligations on public authorities), after sub-paragraph (j) insert—

(ja) the PRA;

• (g) in paragraph 2 of Schedule 5 (modifications in relation to appeals), after sub-paragraph (a) insert—

(aa) in section 133(7A), after paragraph (n), insert— (o) a decision to impose a penalty under regulation 42 of the Money Laundering Regulations 2007.

The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007

130

In article 11 of the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007[^f00197]—

• (a) in paragraph (k) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (b) after that paragraph insert—

(ka) the Prudential Regulation Authority;

The Transfer of Funds (Information on the Payer) Regulations 2007

131

In the Transfer of Funds (Information on the Payer) Regulations 2007[^f00198]—

• (a) in regulation 1(2), for “Authority” substitute “FCA”;

• (b) in regulation 2(1), in the definition of “the Authority”, for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (c) in regulation 4(4) (duties of supervisory authorities) for “Schedule 1 to the 2000 Act (the Financial Services Authority)” substitute “Schedule 1ZA to the 2000 Act (the Financial Conduct Authority)”;

• (d) in Schedule 2 (modifications in relation to appeals), for paragraph 1(b) substitute—

(b) omit subsections (1) and (5); and

The Registered Pension Schemes (Authorised Member Payments) Regulations 2007

132

In regulation 2(5) (prescribed authorised member payment relating to inherited estate on reattribution) of the Registered Pension Schemes (Authorised Member Payments) Regulations 2007[^f00199]—

• (a) for the definition of “inherited estate” substitute—

• “inherited estate” has the meaning given by the Glossary of the FCA Handbook made by the Financial Conduct Authority under the Financial Services and Markets Act 2000;

• (b) for the definition of “with-profits business” substitute—

• “with-profits business” has the meaning given by the Glossary of the FCA Handbook made by the Financial Conduct Authority under the Financial Services and Markets Act 2000.

The Legislative and Regulatory Reform (Regulatory Functions) Order 2007

133

In Part 1 of the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007[^f00200]—

• (a) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (b) in the appropriate place insert “Prudential Regulation Authority”.

The Regulated Covered Bonds Regulations 2008

134

In the Regulated Covered Bonds Regulations 2008[^f00201]—

• (a) in regulation 1(2), in the definition of “the Authority”, for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (b) for regulation 37 substitute—

(37) Paragraph 19 (penalties) of Schedule 1ZA[^f00202] applies for the purposes of these Regulations as it applies for the purposes of the Act but as if for “this Act” there were substituted “the Regulated Covered Bonds Regulations 2008.

• (c) in regulation 38(1), for “(misleading the Authority: residual cases)” substitute “(misleading FCA or PRA)”;

• (d) for regulation 42(4) substitute—

(4) Subject to paragraph (5) and the modification in paragraph (4A), if the Authority proposes to give guidance under this regulation to issuers or owners generally, or to a class of issuer or owner, subsections (1)(b), (2)(e) and (3) of section 138I[^f00203] of the Act (consultation by the FCA) apply to the proposed guidance as they apply to proposed rules made under the Act, unless the Authority considers that the delay in complying with them would be prejudicial to the interests of regulated covered bond holders. (4A) For the purpose of paragraph (4) section 138I of the Act is to be treated as if in subsection (1)(b) “after doing so” were omitted.

• (e) in regulation 43(1), in the heading to section 348, for “Authority” substitute “FCA, PRA”;

• (f) in regulation 45, for “paragraph 19 (exemption from liability in damages) of Part 4 of Schedule 1” substitute “paragraph 25 (exemption from liability in damages) of Part 4 of Schedule 1ZA”;

• (g) in the Schedule—

• (i) in paragraph 3, in the heading to section 165, for “Authority’s” substitute “Regulator’s’”;

• (ii) after paragraph 4 insert—

(4A) Section 166A[^f00204] (appointment of skilled person to collect and update information) of the Act is to apply for the purposes of these Regulations as it applies for the purposes of the Act but with the following modifications— (a) omit subsection (10); (b) for references in other subsections of section 166A to “authorised person” there is substituted references to “person to whom the Regulated Covered Bond Regulations 2008 apply.

• (iii) for paragraph 5 substitute—

(5) Paragraph 23 of Schedule 1ZA to the Act (fees) is to apply for the purposes of these Regulations as it applies for the purposes of the Act, but with the following modifications— (a) in sub-paragraph (1)— (i) for the reference to “this Act” there is substituted a reference to “the Regulated Covered Bonds Regulations 2008”; (ii) omit paragraphs (b) and (c); (b) for sub-paragraph (2) substitute— (2) The “qualifying functions” of the FCA are its functions under the Regulated Covered Bonds Regulations 2008. (c) omit sub-paragraphs (3), (4), (5) and (6); (d) for the reference in sub-paragraph (7) to “penalties imposed by it under this Act” there is substituted a reference to “penalties imposed by it under the Regulated Covered Bonds Regulations 2008.

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008

135

In the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008[^f00205], in Schedule 3 (insurance companies: Companies Act individual accounts)—

• (a) in paragraph 10, in note 24 of the notes on balance sheet format, for “in section 1.4 of the Prudential Sourcebook for Insurers made by the Financial Services Authority” substitute “made by the Financial Conduct Authority or the Prudential Regulation Authority”;

• (b) in paragraph 56, for “in section 1.4 of the Prudential Sourcebook for Insurers made by the Financial Services Authority” substitute “made by the Financial Conduct Authority or the Prudential Regulation Authority”;

• (c) in paragraph 91, in the definition of “long-term fund”, for “rule 1.5.22 in the Prudential Sourcebook for Insurers made by the Financial Services Authority” substitute “rules made by the Financial Conduct Authority or the Prudential Regulation Authority”.

The Northern Rock plc Transfer Order 2008

136

In the Northern Rock plc Transfer Order 2008[^f00206]—

• (a) in article 5(5) (interest payments in relation to Tier 1 notes)—

• (i) for “Authority’s Handbook” substitute “Handbook made by the Financial Conduct Authority or the Prudential Regulation Authority under Part 9A of FSMA 2000”[^f00207];

• (ii) omit the definition of “the Handbook”;

• (b) in article 14 (approved persons)—

• (i) in paragraph (1), for “the Authority is” substitute “the Financial Conduct Authority and the Prudential Regulation Authority are”;

• (ii) in paragraphs (2) and (3), for “Authority” substitute “Financial Conduct Authority and the Prudential Regulation Authority”;

• (c) in the heading to Part 5, for “Authority’s”, substitute “Regulator’s’”;

• (d) in article 15 (modification to Authority’s rule-making power)—

• (i) for paragraph (1) substitute—

(1) Section 137A of the 2000 Act (the FCA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing one or more of its operational objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 3 of the Banking (Special Provisions) Act 2008. (1A) Section 137G of the 2000 Act (the PRA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing any of its objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 3 of the Banking (Special Provisions) Act 2008.

• (ii) in paragraph (2)—

• (aa) for “Section 148(2)” substitute “Section 138A”;

• (bb) for “Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (iii) in paragraph (3)—

• (aa) for “Section 148(4)” substitute “Section 138A(4)”;

• (bb) for “Authority” in the first place it appears substitute “the Financial Conduct Authority or the Prudential Regulation Authority”;

• (cc) for “the Authority” in the second place those words appear substitute “that regulator”;

• (dd) for “section 148” substitute “section 138A”;

• (iv) in the heading, for “Authority’s” substitute “regulator’s’”;

• (e) in article 16 (modification to Authority’s duty to consult on rule changes)—

• (i) in paragraph (1)—

• (aa) for “Section 155(7)” substitute “Subsections (1) and (2) of section 138L”;

• (bb) for “has”, substitute “have”;

• (ii) in paragraph (2)—

• (aa) for “Section 157 of the 2000 Act (guidance)” substitute “Section 139A of the 2000 Act (power of the FCA to give guidance)”;

• (bb) for “Section 155(7)” substitute “Section 138L(1)”;

• (iii) in the heading, for “Authority’s” substitute “regulator’s’”.

The Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 2008

137

In the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 2008[^f00208]—

• (a) in regulation 2 (interpretation), for the definition of “the Authority” substitute—

• “the Authority” means— in relation to an undertaking which is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority; in any other case, the Financial Conduct Authority;

• (b) in regulation 8(2) (signature of auditor’s report), after “the Authority” in both places those words appear insert “and the Financial Conduct Authority (if it is not the Authority)”;

• (c) in regulation 9(2) (removal of auditors on improper grounds)—

• (i) at the end of sub-paragraph (a) omit “and”;

• (ii) at the end of sub-paragraph (b) for “.” substitute “;”;

• (iii) after sub-paragraph (b) insert—

and (c) the Financial Conduct Authority (in cases where it is not the Authority).

• (d) in regulation 14(5) (industrial and provident societies), for “The Authority” substitute “The Financial Conduct Authority”;

• (e) in paragraph 3 of Schedule 1 (modification of the Friendly and Industrial and Provident Societies Act 1968), in subsection (4)(b) of the subsections substituted by that paragraph, after “the Authority” insert “and the Financial Conduct Authority (if it is not the Authority)”.

The Bank Accounts Directive (Miscellaneous Banks) Regulations 2008

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Northern Rock plc Compensation Scheme Order 2008

139

In paragraph 18 of the Schedule to the Northern Rock plc Compensation Scheme Order 2008[^f00210], for “omit subsection (6)” substitute “omit subsections (6), (6A) and (7A)”[^f00211].

The Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008

140

In article 11 of the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008[^f00212]—

• (a) for paragraph (k) substitute—

(k) the Financial Conduct Authority;

• (b) after that paragraph insert—

(ka) the Prudential Regulation Authority;

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2008

141

In article 2 of the Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) Order 2008[^f00213], for “Financial Services Authority” substitute “Financial Conduct Authority and of the Prudential Regulation Authority”.

The Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008

142

In article 3 of the Proceeds of Crime Act 2002 (Disclosure of Information) Order 2008[^f00214], for “Financial Services Authority” substitute “Financial Conduct Authority, of the Prudential Regulation Authority and of the Bank of England”.

The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008

143

In the Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008[^f00215]—

• (a) in regulation 24 (disclosure of information)—

• (i) in section 461(3) as modified by that regulation for paragraph (e) substitute—

(e) Financial Conduct Authority, (ea) Prudential Regulation Authority, or

• (ii) in section 461(4)(g) as modified by that regulation for “Financial Services Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (b) in regulation 32 (accounts: minor definitions), in section 474 as modified by that regulation, for the definition of “UCITS management company” substitute—

• “UCITS management company” has the meaning given by the Glossary to the Handbook made by the Financial Conduct Authority under the Financial Services and Markets Act 2000;

• (c) in regulation 47 (LLP audit: minor definitions), in section 539 as modified by that regulation, for the definition of “UCITS management company” substitute—

• “UCITS management company” has the meaning given by the Glossary to the Handbook made by the Financial Conduct Authority under the Financial Services and Markets Act 2000;

The Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008

144

In regulation 2(1) of the Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008[^f00216] (interpretation), in the definition of “the Authority”, for “Financial Services Authority” substitute “Prudential Regulation Authority”.

Transitional provision in relation to the Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008

145

Anything done for the purposes of the Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008 by or in relation to the Financial Services Authority prior to 1st April 2013 is to be treated as having been done by or in relation to the Prudential Regulation Authority.

The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008

146

In the Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008[^f00217]—

• (a) in article 2 (interpretation: general)—

• (i) in the definition of “the Financial Services Compensation Scheme”, omit “by the Authority”;

• (ii) in the definition of “FSCS”, omit “by the Authority”;

• (b) in article 15 (approved persons)—

• (i) in paragraph (1), for “Authority is” substitute “Financial Conduct Authority and the Prudential Regulation Authority are”;

• (ii) in paragraphs (2) and (3), for “Authority” in each place it appears substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (c) in article 37 (modification to Authority’s rule-making power)—

• (i) for paragraph (1) substitute—

(1) Section 137A of the 2000 Act (the FCA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing one or more of its operational objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 3 of the Banking (Special Provisions) Act 2008”. (1A) Section 137G of the 2000 Act (the PRA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing any of its objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 3 of the Banking (Special Provisions) Act 2008”.

• (ii) in paragraph (2)—

• (aa) for “Section 148(2)” substitute “Section 138A”;

• (bb) for “Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (iii) in paragraph (3)—

• (aa) for “Section 148(4)” substitute “Section 138A(4)”;

• (bb) for “Authority” in the first place it appears substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (cc) for “the Authority” in the second place those words appear substitute “that regulator”;

• (dd) for “section 148” substitute “section 138A”;

• (iv) in the heading, for “Authority’s” substitute “regulator’s’”;

• (d) in article 38 (modification to Authority’s duty to consult on rule changes)—

• (i) in paragraph (1), for “Section 155(7)” substitute “Subsections (1) and (2) of section 138L”;

• (ii) in paragraph (2)—

• (aa) for “Section 157 of the 2000 Act (guidance)” substitute “Section 139A of the 2000 Act (power of the FCA to give guidance)”;

• (bb) for “Section 155(7)” substitute “Section 138L(1)”;

• (iii) in the heading, for “Authority’s” substitute “regulator’s’”.

The Heritable Bank plc Transfer of Certain Rights and Liabilities Order 2008

147

In the Heritable Bank plc Transfer of Securities and Property Order 2008[^f00218]—

• (a) in article 2 (interpretation)—

• (i) in the definition of “the Financial Services Compensation Scheme”, omit “by the Authority”;

• (ii) in the definition of “FSCS”, omit “by the Authority”;

• (b) in article 27 (modification to Authority’s rule-making power)—

• (i) for paragraph (1) substitute—

(1) Section 137A of the 2000 Act (the FCA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing one or more of its operational objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 of the Banking (Special Provisions) Act 2008”. (1A) Section 137G of the 2000 Act (the PRA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing any of its objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 of the Banking (Special Provisions) Act 2008”.

• (ii) in paragraph (2)—

• (aa) for “Section 148(2)” substitute “Section 138A”;

• (bb) for “Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (iii) in paragraph (3)—

• (aa) for “Section 148(4)” substitute “Section 138A(4)”;

• (bb) for “Authority” in the first place it appears substitute “the Financial Conduct Authority or the Prudential Regulation Authority”;

• (cc) for “the Authority” in the second place those words appear substitute “that regulator”;

• (dd) for “section 148” substitute “section 138A”;

• (iv) in the heading, for “Authority’s” substitute “regulator’s’”;

• (c) in article 28 (modification to Authority’s duty to consult on rule changes)—

• (i) in paragraph (1), for “Section 155(7)” substitute “Subsectiona (1) and (2) of section 138L”;

• (ii) in paragraph (2)—

• (aa) for “Section 157 of the 2000 Act (guidance)” substitute “Section 139A of the 2000 Act (power of the FCA to give guidance)”;

• (bb) for “Section 155(7)” substitute “Section 138L(1)”;

• (iii) in the heading, for “Authority’s” substitute “regulator’s’”.

The Transfer of Rights and Liabilities to ING Order 2008

148

In the Transfer of Rights and Liabilities to ING Order 2008[^f00219]—

• (a) in article 2 (interpretation: general)—

• (i) in the definition of “the Financial Services Compensation Scheme”, omit “by the Authority”;

• (ii) in the definition of “FSCS”, omit “by the Authority”;

• (b) in article 18 (modification to Authority’s rule-making power)—

• (i) for paragraph (1) substitute—

(1) Section 137A of the 2000 Act (the FCA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing one or more of its operational objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008”. (1A) Section 137G of the 2000 Act (the PRA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing any of its objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008”.

• (ii) in paragraph (2)—

• (aa) for “Section 148(2)” substitute “Section 138A”;

• (bb) for “Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (iii) in paragraph (3)—

• (aa) for “Section 148(4)” substitute “Section 138A(4)”;

• (bb) for “Authority” in the first place it appears substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (cc) for “the Authority” in the second place those words appear substitute “that regulator”;

• (dd) for “section 148” substitute “section 138A”;

• (iv) in the heading, for “Authority’s” substitute “regulator’s’”;

• (c) in article 19 (modification to Authority’s duty to consult on rule changes)—

• (i) in paragraph (1), for “Section 155(7)” substitute “Subsections (1) and (2) of section 138L”;

• (ii) in paragraph (2)—

• (aa) for “Section 157 of the 2000 Act (guidance)” substitute “Section 139A of the 2000 Act (power of the FCA to give guidance)”;

• (bb) for “Section 155(7)” substitute “Section 138L(1)”;

• (iii) in the heading, for “Authority’s” substitute “regulator’s’”.

The Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008

149

In the Kaupthing Singer & Friedlander Limited Transfer of Certain Rights and Liabilities Order 2008[^f00220]—

• (a) in article 2 (interpretation)—

• (i) in the definition of “the Financial Services Compensation Scheme”, omit “by the Authority”;

• (ii) in the definition of “FSCS”, omit “by the Authority”;

• (b) in article 29 (modification to Authority’s rule-making power)—

• (i) for paragraph (1) substitute—

(1) Section 137A of the 2000 Act (the FCA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing one or more of its operational objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008”. (1A) Section 137G of the 2000 Act (the PRA’s general rules) has effect as if, in subsection (1), after “for the purpose of advancing any of its objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008”.

• (ii) in paragraph (2)—

• (aa) for “Section 148(2)” substitute “Section 138A”;

• (bb) for “Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (iii) in paragraph (3)—

• (aa) for “Section 148(4)” substitute “Section 138A(4)”;

• (bb) for “Authority” in the first place it appears substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (cc) for “the Authority” in the second place those words appear substitute “that regulator”;

• (dd) for “section 148” substitute “section 138A”;

• (iv) in the heading, for “Authority’s” substitute “regulator’s’”;

• (c) in article 30 (modification to Authority’s duty to consult on rule changes)—

• (i) in paragraph (1), for “Section 155(7)” substitute “Subsections (1) and (2) of section 138L”;

• (ii) in paragraph (2)—

• (aa) for “Section 157 of the 2000 Act (guidance)” substitute “Section 139A of the 2000 Act (power of the FCA to give guidance)”;

• (bb) in the subsection added by that paragraph, for “Section 155(7)” substitute “Section 138(1)”;

• (iii) in the heading, for “Authority’s” substitute “regulator’s’”.

The Non-Domestic Rating (Small Business Relief) (Wales) Order 2008

150

In the Schedule to the Non-Domestic Rating (Small Business Relief) (Wales) Order 2008[^f00221]—

• (a) in the English text of paragraph 6(d), for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (b) in the Welsh text of paragraph 6(ch), for “Awdurdod Gwasanaethau Ariannol” substitute “Awdurdod Ymddygiad Ariannol”.

The Pre-release Access to Official Statistics Order 2008

151

In paragraph 12(2) of the Schedule to the Pre-release Access to Official Statistics Order 2008[^f00222]—

• (a) after sub-paragraph (b) insert—

(ba) a member of the Financial Policy Committee[^f00223];

• (b) in paragraph (d) for “servant” substitute “employee”.

The Bradford & Bingley plc Compensation Scheme Order 2008

152

In paragraph 17 of the Schedule to the Bradford & Bingley plc Compensation Scheme Order[^f00224], for “omit subsection (6)” substitute “omit subsections (6), (6A) and (7A)”[^f00225].

The Bank Administration Rules (Northern Ireland) 2009

153

In the Bank Administration Rules (Northern Ireland) 2009[^f00226]—

• (a) in rule 4 (interpretation), omit the definition of “the FSA”;

• (b) in rule 5 (interpretation), after paragraph (a), insert—

(aa) “the appropriate regulator” in relation to a bank means— (i) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority; (ii) in any other case, the Financial Conduct Authority;

• (c) in rule 12(e) (Bank of England witness statement), rule 15(d) (service) and rule 22(f) (hearing), for “FSA” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (d) in rule 24 (notice of order), after “four” insert “or, if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), five”;

• (e) in rule 44(b) (appointment of provisional bank administrator), after “4” insert “or, if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), 5”;

• (f) for “FSA”, in each other place it appears, substitute “appropriate regulator”.

The Bank Insolvency (No.2) Rules (Northern Ireland) 2009

154

In the Bank Insolvency (No.2) Rules (Northern Ireland) 2009[^f00227]—

• (a) in rule 3(2) (application of rules, construction and interpretation)—

• (i) omit the definition of “the FSA”;

• (ii) after the definition of “the Department”, insert—

• “the appropriate regulator” in relation to a bank means— if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority; in any other case, the Financial Conduct Authority;

• (b) in rule 10(1) (other persons to receive copies of application), for sub-paragraph (c) substitute—

(c) the Financial Conduct Authority, (if it is not the applicant); (ca) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000) and the applicant is not the Prudential Regulation Authority, that Authority;

• (c) in rule 10(1)(e), for “FSA” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (d) in rule 20(2) (appointment of provisional bank liquidator), for paragraph (b) substitute—

(b) by the Financial Conduct Authority, with the consent of the Bank of England; (ba) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), by the Prudential Regulation Authority, with the consent of the Bank of England; or

• (e) in rule 73 (disapplication of set off for eligible depositors), for paragraph (6) substitute—

(6) In this rule— - “appropriate regulator rules” means the rules, as amended from time to time, made by the Financial Conduct Authority or the Prudential Regulation Authority under section 213 of the Financial Services and Markets Act 2000; - “protected deposit” means a protected deposit within the meaning given by appropriate regulator rules.

• (f) in rule 94(2) (removal of bank liquidator by the court), for “FSA” substitute “Financial Conduct Authority, the Prudential Regulation Authority”;

• (g) in rule 94(6)(a) for “FSA” substitute “the appropriate regulator”.

The Payment Services Regulations 2009

155

• (1) The Payment Services Regulations 2009[^f00228] are amended as follows.

• (2) In regulation 2(1) (interpretation), in the definition of “the Authority”, for “Financial Services Authority” substitute “Financial Conduct Authority”.

• (3) In regulation 92 (costs of supervision)—

• (a) in paragraph (1), for “paragraph 17 (fees) of Part 3 of Schedule 1 to the 2000 Act” substitute “paragraph 23 of Schedule 1ZA (fees)[^f00229] to the 2000 Act”;

• (b) in paragraph (1)(a), for “2(3) of the 2000 Act (the Authority’s general duties)” substitute “1B(5)(a) of the 2000 Act (FCA’s general duties)[^f00230]”;

• (c) in paragraph (1)(b)—

• (i) for “17” substitute “23”;

• (ii) for “159(1)” substitute “140A(1)[^f00231]”;

• (d) in paragraph (1)(c), for “paragraph 17(2) and (3)” substitute “paragraph 23(7)”.

• (4) In regulation 94 (Authority’s exemption from liability in damages)—

• (a) for “19” substitute “25”;

• (b) for “Schedule 1” substitute “Schedule 1ZA”.

• (5) After regulation 125A (transitional provisions: small payment institutions registered before 1st October 2012 and applications pending on that date)[^f00232] insert—

(125B) For the purposes of regulations 121 to 125A (transitional provisions), in the period up to the end of 31st March 2013, references to “the Authority” are to be read as references to the Financial Services Authority.

• (6) In Schedule 5 (application and modification of legislation)—

• (a) in paragraph 1, for sub-paragraph (a) substitute—

(a) for subsection (2)[^f00233] substitute— (2) For the purposes of action by the FCA, a person is guilty of misconduct if, while a relevant person, he has been knowingly concerned in a contravention of the Payment Services Regulations 2009 by an authorised payment institution or a small payment institution.

• (b) in paragraph 2[^f00234]—

• (i) omit “to section 133A (proceedings before Tribunal: decisions and supervisory notices, etc)”;

• (ii) before sub-paragraph (a) insert—

(za) in section 133, for subsection (7A) substitute— (7A) A reference is a “disciplinary reference” for the purposes of this section if it is in respect of any of the following decisions under the Payment Services Regulations 2009— (a) a decision to publish a statement under regulation 84; (b) a decision to impose a penalty under regulation 85.

• (iii) in sub-paragraph (a), after “subsection (1)” insert “of section 133A”;

• (iv) insert “and” at the end of sub-paragraph (a);

• (v) in sub-paragraph (b), after “subsection (5)” insert “of section 133A”;

• (vi) omit “and” at the end of sub-paragraph (b), and sub-paragraph (c);

• (c) in paragraph 3—

• (i) in sub-paragraph (a)(iii), for “(b) and (c)” substitute “(b), (c) and (d)”;

• (ii) for sub-paragraph (b) substitute—

(b) in section 166 (reports by skilled persons)[^f00235]— (i) in subsection (2)(a), for “an authorised person”, substitute “an authorised payment institution, an EEA authorised payment institution or a small payment institution”; and (ii) omit subsections (10) and (11);

• (iii) after sub-paragraph (b) insert—

(ba) in section 166A (appointment of skilled person to collect and update information)[^f00236]— (i) in subsections (1), (2), (7)(b) and (8), for “an authorised person”, substitute “an authorised payment institution, an EEA authorised payment institution or a small payment institution”; (ii) omit subsection (10);

• (iv) in sub-paragraph (c)(i), omit sub-paragraph (aa);

• (v) after sub-paragraph (c)(iii), insert—

(iiia) for subsection (5A) substitute— (5A) “Investigating authority” means the FCA.

• (vi) for sub-paragraph (d)(i)(aa) substitute—

(aa) after paragraph (b) insert— (c) a person may have contravened any requirement of or imposed under the Payment Services Regulations 2009;

• (vii) in sub-paragraph (d)(i)(bb), for “191” substitute “191F”;

• (viii) for sub-paragraph (d)(iv) substitute—

(iv) for subsection (6) substitute— (6) “Investigating Authority” means the FCA.

• (ix) in sub-paragraph (f)(iii), for “the Authority” substitute “the FCA”;

• (x) for sub-paragraph (k)(v) substitute—

(v) for subsection (11)(a) substitute— (a) by the FCA under section 165 or 175; and

• (d) for paragraph 4 substitute—

(4) Sections 341 (access to books etc) to 346 (provision of false or misleading information to auditor or actuary) of the 2000 Act apply with the following modifications— (a) references to a regulator are to the FCA and references to the PRA are to be disregarded; (b) in sections 341(1), 342(1) to (3) and (7), 343(1) to (3), (7) and (8), 344(2), 345(1) and 346(1) and (2) the references to “an authorised person” are to “an authorised payment institution”; (c) for section 344(4) substitute— (4) In this section “the appropriate regulator” means the FCA.

• (e) in paragraph 5—

• (i) for “Authority” substitute “FCA, PRA”;

• (ii) in sub-paragraph (a)(i), for “competent authority” substitute “PRA”;

• (iii) in sub-paragraph (a)(iii)(bb), for “(b) and (c)” substitute “(aa) and (c)”;

• (iv) for sub-paragraph (iv) substitute—

(iv) for section 6 substitute— (6) In subsection 5(f), “expert” includes any body or person appointed under regulation 81 of the Payment Services Regulations 2009 to perform a function on behalf of the Authority.

• (f) in paragraph 6—

• (i) in sub-paragraph (b)(i), after “(1)(b),” insert “(1A),”;

• (ii) in sub-paragraph (c)(i), after “(1)(b),” insert “(1A),”;

• (iii) in sub-paragraph (d), for “section 368” substitute “section 368(1)”;

• (g) in paragraph 7—

• (i) for sub-paragraph (c) substitute—

(c) in subsection 391 (publication)— (i) for subsection (1ZB)[^f00237] substitute— (1ZB) A warning notice falls within this subsection if it is given under regulation 86 of the Payment Services Regulations 2009. (ii) in subsection (10), for “has the same meaning as in section 395” substitute “means a notice given under regulation 11(6), (9) or (10)(b) (including as applied by regulation 14) of the Payment Services Regulations 2009;

• (ii) in sub-paragraph (e), for “Authority’s” substitute “FCA’s and PRA’s”.

Transitional provision in connection with the Payment Services Regulations 2009

156

• (1) Regulation 42 (changes in contractual information) of the Payment Services Regulations 2009 does not require a payment service provider to provide its payment service users with notice of the proposed change of the name or identity of its regulator resulting from section 6 of the Financial Services Act 2012 (the new Regulators).

• (2) Each payment service provider must inform its relevant payment service users no later than 1st April 2014 of the name or identity of its regulator resulting from section 6 of that Act.

• (3) In this paragraph—

• (a) terms which are defined in the Payment Services Regulations 2009 have the meaning given in those Regulations;

• (b) “relevant payment service users”, in relation to a payment service provider, means those persons who were payment service users of that payment service provider immediately before 1st April 2013and which are such payment service users on the date on which the information required under sub-paragraph (2) is given.

The Companies (Disclosure of Address) Regulations 2009

157

In the Companies (Disclosure of Address) Regulations 2009[^f00238]—

• (a) in Schedule 1 (specified public authorities)—

• (i) for “the Financial Services Authority;” substitute—

• the Financial Conduct Authority;
• the Prudential Regulation Authority;;

• (ii) in the entry beginning “any person exercising functions conferred by Part 6 of the Financial Services and Markets Act 2000 (official listing)” omit the words “or the competent authority under that Part”;

• (iii) in the entry beginning “a person appointed to make a report under section 166”, after “section 166” insert “or 166A”;

• (b) in paragraph 7(b) of Schedule 2 (conditions for permitted disclosure), for “rules made pursuant to section 146 of the Financial Services and Markets Act 2000 (money laundering rules)” substitute “rules made pursuant to section 137A of the Financial Services and Markets Act 2000[^f00239] which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons”.

The Banking Act 2009 (Bank Administration) (Modification for Application to Banks in Temporary Public Ownership) Regulations 2009

158

In table 2 in the Schedule to the Banking Act 2009 (Bank Administration) (Modification for Application to Banks in Temporary Public Ownership) Regulations 2009[^f00240] (specific modifications)—

• (a) for “3 individuals” substitute “up to 4 individuals”;

• (b) at the end of sub-paragraph (ii) omit “and”;

• (c) for sub-paragraph (iii) substitute—

(iii) the Financial Conduct Authority; and (iv) the Prudential Regulation Authority.

The Banking Administration (Sharing Information) Regulations 2009

159

In regulation 9(d) (information to be provided on request by the bank administrator to the bridge bank) of the Banking Administration (Sharing Information) Regulations 2009[^f00241], for “FSA” substitute “the Financial Conduct Authority, the Prudential Regulation Authority”.

The Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009

160

In the Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009[^f00242]—

• (a) in article 1(3) (citation, commencement and interpretation), for the definition of “eligible claimant” substitute—

• “eligible claimant” has the meaning given by rules made by the Financial Conduct Authority or the Prudential Regulation Authority under section 213 of the Financial Services and Markets Act 2000;

• (b) in article 5(5) (secured liabilities), for “the Financial Services Authority” substitute “the Financial Conduct Authority or the Prudential Regulation Authority”.

The Bank Administration (Scotland) Rules 2009

161

In the Bank Administration (Scotland) Rules 2009[^f00243]—

• (a) in rule 4(1) (interpretation), omit sub-paragraph (f);

• (b) in rule 5, for paragraph (e) substitute—

(e) “appropriate regulator rules” means rules made by the Financial Conduct Authority or the Prudential Regulation Authority, as amended from time to time, under section 213 of the Financial Services and Markets Act 2000; (ea) the appropriate regulator” in relation to a bank means— (i) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority; (ii) in any other case, the Financial Conduct Authority;

• (c) in rule 13 (service) for “FSA” substitute “the Financial Conduct Authority or the Prudential Regulation Authority”;

• (d) in rule 16 (notice of order), after “four” insert “or, if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), five”;

• (e) for “FSA”, in each other place it appears, substitute “appropriate regulator”.

The Bank Insolvency (Scotland) Rules 2009

162

In the Bank Insolvency (Scotland) Rules 2009[^f00244]—

• (a) in rule 3(2) (application of rules, construction and interpretation)—

• (i) after the definition of “the 2009 Act”, insert—

• ““the appropriate regulator” means in relation to a bank— if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority; in any other case, the Financial Conduct Authority;

• (ii) omit the definition of “the FSA”;

• (iii) for the definition of “FSA Rules” substitute—

• “appropriate regulator rules” means the rules, as amended from time to time, made by the Financial Conduct Authority or the Prudential Regulation Authority under section 213 of the Financial Services and Markets Act 2000;

• (b) in rule 8 (appointment of bank liquidator by the court), for paragraph (4)(e)(i) substitute—

(i) the Financial Conduct Authority, if it is not the applicant; (ia) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000) and the applicant is not the Prudential Regulation Authority, that Authority;

• (c) in rule 11(3) (appointment of provisional bank liquidator), in substituted rule 4.1(1) of the Insolvency (Scotland) Rules 1986, for paragraph (b) substitute—

(b) by the Financial Conduct Authority, with the consent of the Bank of England; (ba) in the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), by the Prudential Regulation Authority, with the consent of the Bank of England; or

• (d) in rule 12(2) (order of appointment of provisional bank liquidator) for sub-paragraph (c) substitute—

(c) the Financial Conduct Authority, if it is not the applicant; (ca) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000) and the applicant is not the Prudential Regulation Authority, that Authority;

• (e) in rule 31 (appointment by creditors), for paragraph (4) substitute—

(4) The chair of the meeting shall send the certificate to the new bank liquidator who shall send a copy of the certificate to the applicant for the bank insolvency order if the applicant was— (a) the Bank of England, (b) the Financial Conduct Authority, or (c) the Prudential Regulation Authority.

• (f) in rule 39(2) (removal of bank liquidator by the court), for “FSA” substitute “Financial Conduct Authority, the Prudential Regulation Authority”;

• (g) for “FSA”, in each other place it appears, substitute “appropriate regulator”.

The Bank Insolvency (England and Wales) Rules 2009

163

In the Bank Insolvency (England and Wales) Rules 2009[^f00245]—

• (a) in rule 3(2) (application of rules, construction and interpretation)—

• (i) omit the definition of “the FSA”;

• (ii) after the definition of “the 2009 Act” insert—

• ““the appropriate regulator” in relation to a bank means— if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority; in any other case, the Financial Conduct Authority;

• (b) in rule 10 (other persons to receive copy of application)—

• (i) in paragraph (1), for sub-paragraph (c) substitute—

(c) the Financial Conduct Authority, (if it is not the applicant); (ca) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000) and the applicant is not the Prudential Regulation Authority, that Authority;

• (ii) in paragraph (1)(e), for “FSA” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (c) in rule 20(2) (appointment of provisional bank liquidator), for sub-paragraph (b) substitute—

(b) by the Financial Conduct Authority, with the consent of the Bank of England; (ba) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), by the Prudential Regulation Authority with the consent of the Bank of England;

• (d) in rule 73 (disapplication of set off for eligible depositors), in paragraph (6), for the definition of “FSA Rules” substitute—

• “appropriate regulator rules” means the rules, as amended from time to time, made under section 213 of the Financial Services and Markets Act 2000 by the Financial Conduct Authority or the Prudential Regulation Authority;

• (e) in rule 94(2) (removal of bank liquidator by the court), for “FSA” substitute “Financial Conduct Authority, the Prudential Regulation Authority”;

• (f) for “FSA” in each other place it appears, substitute “the appropriate regulator”.

The Bank Administration (England and Wales) Rules 2009

164

In the Bank Administration (England and Wales) Rules 2009[^f00246]—

• (a) in rule 4(1) (interpretation), omit sub-paragraph (g);

• (b) in rule 5 (interpretation), after paragraph (a), insert—

(aa) “the appropriate regulator” in relation to a bank means— (a) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority; (bb) in any other case, the Financial Conduct Authority;

• (c) in rule 12(1)(e) (Bank of England witness statement), rule 15(d) (service), rule 22(f) (hearing), for “FSA” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (d) in rule 24 (notice of order), after “4” insert “or, if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), 5”;

• (e) in rule 25, for paragraph (b) substitute—

(b) one sealed copy to the Financial Conduct Authority, (ba) if the bank is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), one sealed copy to the Prudential Regulation Authority, and

• (f) in rule 47A(6) (disapplication of set-off for protected deposits), for the definition of “FSA rules” substitute—

• “appropriate regulator rules” means the rules, as amended from time to time, made by the Financial Conduct Authority or the Prudential Regulation Authority under section 213 of the Financial Services and Markets Act 2000;

• (g) for “FSA”, in each other place it appears, substitute “appropriate regulator”.

The Unit Trusts (Electronic Communications) Order 2009

165

In article 2 (interpretation) of the Unit Trusts (Electronic Communications) Order 2009[^f00247]—

• (a) omit the definition of “the 2001 Instrument”;

• (b) in the definition of “Authority”, for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (c) at the appropriate place, insert—

• “FCA Handbook” is the Handbook of rules and guidance made by the Financial Conduct Authority under the Act;

• (d) for the definition of “manager” substitute—

• “manager” has the meaning given by that part of its definition in the Glossary of the FCA Handbook that relates to an authorised unit trust scheme;

• (e) for the definition of “register” substitute—

• “register” has the meaning given by that part of its definition in the Glossary of the FCA Handbook that relates to unitholders of an authorised unit trust scheme;

• (f) for the definition of “trust deed” substitute—

• “trust deed” has the meaning given by that part of its definition in the Glossary of the FCA Handbook that relates to an authorised unit trust scheme;

• (g) for the definition of “unit” substitute—

• “unit” has the meaning given by that part of its definition in the Glossary of the FCA Handbook that relates to an authorised unit trust scheme;

• (h) for the definition of “unitholder” substitute—

• “unitholder” has the meaning given by the FCA Handbook.

The Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009

166

In article 4(1) of the Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009[^f00248] (general exemption in respect of certain non-directive firms), for “(notifying the Authority)” substitute “(notifying the regulators)”.

The Amendments to Law (Resolution of Dunfermline Building Society) Order 2009

167

In the Amendments to Law (Resolution of Dunfermline Building Society) Order 2009[^f00249]—

• (a) in article 6(4) (proceedings against directors), for “FSA” substitute “Financial Conduct Authority or the Prudential Regulation Authority”;

• (b) in article 9 (modification of the FSA’s rule making power)—

• (i) for paragraph (1) substitute—

(1) Section 137A(1) of FSMA (the FCA’s general rules) has effect as if at the end there were inserted “or for the purposes of, to facilitate or in consequence of the Dunfermline Building Society Property Transfer Instrument 2009”. (1A) Section 137G(1) of FSMA (the PRA’s general rules) has effect as if at the end there were inserted “or for the purposes of, to facilitate or in consequence of the Dunfermline Building Society Property Transfer Instrument 2009”.

• (ii) in paragraph (2), for “Section 148(2)” substitute “Section 138A(1)”;

• (iii) in paragraph (3)—

• (aa) for “Section 148(4)” substitute “Section 138A(4)”;

• (bb) for “FSA” substitute “FCA or the PRA”;

• (cc) for “section 148” substitute “section 138A”;

• (iv) in paragraph (4), for “the FSA” substitute “that regulator”;

• (v) in the heading, for “FSA’s rule-making power” substitute “regulators’ rule making powers”;

• (c) in article 10 (modification to the FSA’s duty to consult on rule changes)—

• (i) in paragraph (1), for “Section 155(7)” substitute “Subsections (1) and (2) of section 138L”;

• (ii) in paragraph (2)—

• (aa) for “Section 157 of FSMA (guidance)” substitute “Section 139A of FSMA (power of the FCA to give guidance)”;

• (bb) for “Section 155(7)” substitute “Section 138L(1)”;

• (iii) in the heading, for “FSA’s duty” substitute “regulators’ duties”.

The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009

168

• (1) In Schedule 1 to the Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009[^f00250]—

• (a) in the table entry beginning “Section 42(4)(c) (application for a restraint order under Part 2)” in column 2 of that entry—

• (i) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (ii) after paragraph (c)(xva) insert—

(xvb) the Prudential Regulation Authority;

• (b) in the table entry beginning “Section 45(3) (seizure of property to which restraint order applies under Part 2)” in column 2 of that entry—

• (i) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (ii) after paragraph (b)(xa) insert—

(xb) the Prudential Regulation Authority;

• (c) in the table entry beginning “Section 68(3)(c) (authorisation for application for restraint order under Part 2)” in column 2 of that entry—

• (i) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (ii) after paragraph (b)(xivaa) insert—

(xivb) the Prudential Regulation Authority and is not below the grade of Manager;

• (d) in the table entry beginning “Section 191(2)(c) (application for restraint order under Part 4)” in column 2 of that entry—

• (i) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (ii) after paragraph (c)(xiva) insert—

(xivb) the Prudential Regulation Authority;

• (e) in the table entry beginning “Section 194(3) (seizure of property to which restraint order applies under Part 4)” in column 2 of that entry—

• (i) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (ii) after paragraph (b)(viii) insert—

(viiia) the Prudential Regulation Authority;

• (f) in the table entry beginning “Section 216(3)(c)(authorisation for application for restraint order under Part 4)” in column 2 of that entry—

• (i) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (ii) after paragraph (b)(xiiia) insert—

(xiiib) the Prudential Regulation Authority and is not below the grade of Manager;

• (g) in the table entry beginning “Section 290(4)(c) (prior approval for search of cash under Chapter 3 of Part 5)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (c)(xa) insert—

(xb) the Prudential Regulation Authority and is not below the grade of Manager;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (c)(viii) insert—

(viiia) the Prudential Regulation Authority and is not below the grade of Manager;

• (h) in the table entry beginning “Section 303A(1) (recovery of cash in summary proceedings under Chapter 3 of Part 5)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xia) insert—

(xib) the Prudential Regulation Authority;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(ix) insert—

(ixa) the Prudential Regulation Authority;

• (i) in the table entry beginning “Section 352(7) (appropriate persons for the purposes of search and seizure warrants in confiscation, money laundering, civil recovery or detained cash investigation under Part 8)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xia) insert—

(xib) the Prudential Regulation Authority;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(ix) insert—

(ixa) the Prudential Regulation Authority;

• (j) in the table entry beginning “Section 353(11) (appropriate person for purposes where production order is not available for the purpose of a confiscation, money laundering, civil recovery or detained cash investigation under Part 8)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xia) insert—

(xib) the Prudential Regulation Authority;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(ix) insert—

(ixa) the Prudential Regulation Authority;

• (k) in the table entry beginning “Section 378(1)(b) (appropriate officers for the purposes of confiscation investigations under Part 8)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xva) insert—

(xvb) the Prudential Regulation Authority;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xiva) insert—

(xivb) the Prudential Regulation Authority;

• (l) in the table entry beginning “Section 378(2)(d) (senior appropriate officers for the purposes of confiscation investigations)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xiva) insert—

(xivb) the Prudential Regulation Authority and is not below the grade of Manager;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xiiia) insert—

(xiiib) the Prudential Regulation Authority and is not below the grade of Manager;

• (m) in the table entry beginning “Section 378(3B) (appropriate officers for the purposes of detained cash investigations under Part 8)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xi) insert—

(xia) the Prudential Regulation Authority;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(ix) insert—

(ixa) the Prudential Regulation Authority;

• (n) in the table entry beginning “Section 378(4)(a) (appropriate officers for the purposes of money laundering investigations)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xva) insert—

(xvb) the Prudential Regulation Authority;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xiiia) insert—

(xiiib) the Prudential Regulation Authority;

• (o) in the table entry beginning “Section 378(6)(c) (senior appropriate officers for the purposes of money laundering investigations)” in column 2 of that entry—

• (i) in the paragraph beginning “In relation to England and Wales”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xiva) insert—

(xivb) the Prudential Regulation Authority and is not below the grade of manager;

• (ii) in the paragraph beginning “In relation to Northern Ireland”—

• (aa) for “Financial Services Authority” substitute “Financial Conduct Authority”;

• (bb) after paragraph (b)(xiia) insert—

(xiib) the Prudential Regulation Authority and is not below the grade of manager;

The Building Societies (Insolvency and Special Administration) Order 2009

169

Schedule 1 to the Building Societies (Insolvency and Special Administration) Order 2009[^f00251] (modified application of Parts 2 and 3 of the Banking Act 2009 to building societies)is amended as follows—

• (a) in paragraph 30(9) (no more assets for distribution), for “FSA” substitute “FCA and, where relevant, the PRA”;

• (b) in paragraph 35—

• (i) in sub-paragraph (2), for “the FSA” substitute “the FCA or the PRA”;

• (ii) in sub-paragraph (3)(b), for “the FSA’s power” in both places it appears substitute “the power of the FCA or PRA”.

The Building Society Special Administration (Scotland) Rules 2009

170

In the Building Society Special Administration (Scotland) Rules 2009[^f00252]—

• (a) in rule 4(1) (interpretation)—

• (i) after sub-paragraph (b), insert—

(ba) “the appropriate regulator” in relation to a building society means— (i) if the building society is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority; (ii) in any other case, the Financial Conduct Authority;

• (ii) in the definition of “principal office” in sub-paragraph (i), for “FSA” substitute “the Financial Conduct Authority”;

• (iii) in the definition of “registered name” in sub-paragraph (j), for “FSA” substitute “Financial Conduct Authority”;

• (iv) omit sub-paragraph (l)(ii);

• (b) in rule 13 (notification), for “Authority” substitute “Financial Conduct Authority and the Prudential Regulation Authority”;

• (c) in rule 15 (notice of order) for “four” substitute “four or, if the building society is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), five”;

• (d) in rule 16 (notice of order), for paragraph (b), substitute—

(b) one certified copy to the Financial Conduct Authority; (ba) if the building society is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), one certified copy to the Prudential Regulation Authority; and

• (e) in rule 40 (general modifications), in paragraph (l) for “FSA” substitute “Financial Conduct Authority”;

• (f) for “FSA”, in each other place it appears, substitute “appropriate regulator”.

The Zimbabwe (Financial Sanctions) Regulations 2009

171

In paragraph 6(1)(d) (disclosure of information by the Treasury) of the Schedule to the Zimbabwe (Financial Sanctions) Regulations 2009[^f00253], for “the Financial Services Authority” substitute “the Financial Conduct Authority, the Prudential Regulation Authority, or the Bank of England”.

The Burma/Myanmar (Financial Restrictions) Regulations 2009

172

In paragraph 6(1)(d) (disclosure of information by the Treasury) of the Schedule to the Burma/Myanmar (Financial Restrictions) Regulations 2009[^f00254], for “the Financial Services Authority” substitute “the Financial Conduct Authority, the Prudential Regulation Authority, or the Bank of England”.

The Overseas Companies Regulations 2009

173

In the Overseas Companies Regulations 2009[^f00255]—

• (a) in Schedule 1 (specified public authorities)—

• (i) for “the Financial Services Authority;” substitute—

• the Financial Conduct Authority;
• the Prudential Regulation Authority;;

• (ii) for “any person exercising functions conferred by Part 6 of the Financial Services and Markets Act 2000 (official listing) or the competent authority under that Part” substitute “any person exercising functions conferred by Part 6 of the Financial Services and Markets Act 2000 (official listing)”;

• (iii) in the entry beginning “a person appointed to make a report under section 166”, after “section 166” insert “or section 166A”;

• (b) in paragraph 7(b) of Schedule 2 (conditions for permitted disclosure), for “rules made pursuant to section 146 of the Financial Services and Markets Act 2000 (money laundering rules)” substitute “rules made pursuant to section 137A of the Financial Services and Markets Act 2000 which relate to the prevention and detection of money laundering in connection with the carrying on of regulated activities by authorised persons”.

The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

174

In regulation 48 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009[^f00256] (main provisions), in the modifications to section 995(1) of the Companies Act 2006 (petition by Secretary of State)—

• (a) in paragraph (c), for “the Secretary of State or the Financial Services Authority” substitute “the Secretary of State, the Bank of England, the Financial Conduct Authority or the Prudential Regulation Authority”;

• (b) in paragraph (d), for “appointed by him or the Financial Services Authority” substitute “appointed by the Secretary of State, the Bank of England, the Financial Conduct Authority or the Prudential Regulation Authority”.

The Dunfermline Building Society Independent Valuer Order 2009

175

In article 17(iii) of the Dunfermline Building Society Independent Valuer Order 2009[^f00257], for “omit subsection (6)” substitute ““omit subsections (6), (6A) and (7A)”[^f00258].

The General Insurers’ Technical Provisions (Appropriate Amount) (Tax) Regulations 2009

176

In regulation 8 (provisions supplementing regulations 5 and 7) of the General Insurers’ Technical Provisions (Appropriate Amount) (Tax) Regulations 2009[^f00259], for paragraph (6) substitute—

(6) In paragraph (5), “IPRU (INS)” means the Interim Prudential Sourcebook for Insurers made by the Prudential Regulation Authority under the Financial Services and Markets Act 2000.

The Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009

177

In the Schedule to the Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009[^f00260] (specified “public authorities” and list of government departments and other bodies whose views must be sought)—

• (a) in the table, for the entry for “the Financial Services Authority” substitute—

Financial Conduct Authority.	Financial Conduct Authority

• (b) after the entry for “Northern Ireland Audit Office” insert—

Prudential Regulation Authority	Prudential Regulation Authority

The Offshore Funds (Tax) Regulations 2009

178

In regulation 74(2) of the Offshore Funds (Tax) Regulations 2009[^f00261] (the equivalence condition), for “Financial Services Authority” substitute “Financial Conduct Authority”.

The Burma (Restrictive Measures) (Overseas Territories) Order 2009

179

In article 26(1)(e) of the Burma (Restrictive Measures)(Overseas Territories) Order 2009^f00262, for “the Financial Services Authority” substitute “the Financial Conduct Authority, the Prudential Regulation Authority”.

The Scottish and Northern Ireland Banknote Regulations 2009

180

In regulation 17 of the Scottish and Northern Ireland Banknote Regulations 2009[^f00263] (permitted publication or disclosure of information)—

• (a) for paragraph (2)(h) substitute—

(h) the disclosure is made to the Treasury, the Financial Conduct Authority or the Prudential Regulation Authority, and the Bank of England considers that the disclosure would assist— (i) the Financial Conduct Authority or the Prudential Regulation Authority (as the case may be) in the discharge of their functions under the Financial Services and Markets Act 2000[^f00264], or (ii) the Treasury in the discharge of their functions under the Financial Services and Markets Act 2000, the Act or these Regulations.

• (b) in paragraph (3), for “Treasury or the Financial Services Authority” substitute “Treasury, the Financial Conduct Authority or the Prudential Regulation Authority”.

The Local Government Pension Scheme (Management and Investment of Funds) Regulations 2009

181

In regulation 3 (definition of “investment”) of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 2009[^f00265], in paragraph (8) for “Financial Services Authority” substitute “Financial Conduct Authority”.

The Northern Rock plc Transfer Order 2009

182

In the Northern Rock plc Transfer Order 2009[^f00266]—

• (a) in article 20 (modification to FSA’s rule-making power)—

• (i) for paragraph (1) substitute—

(1) Section 137A(1) of the 2000 Act (FCA’s general rules) has effect as if after “for the purpose of advancing one or more of its operational objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008. (1A) Section 137G(1) of the 2000 Act (PRA’s general rules) has effect as if after “for the purpose of advancing any of its objectives” there were inserted “or for the purposes of, to facilitate or in consequence of, a transfer under section 6 or 8 of the Banking (Special Provisions) Act 2008.

• (ii) in paragraph (2)—

• (aa) for “Section 148(2)” substitute “Section 138A”;

• (bb) for “the FSA” substitute “the Financial Conduct Authority or the Prudential Regulation Authority”;

• (cc) for “section 148” substitute “section 138A”;

• (iii) in paragraph (3)—

• (aa) for “Section 148(4)” substitute “Section 138A(4)”;

• (bb) for “the FSA” substitute “the Financial Conduct Authority or the Prudential Regulation Authority”;

• (cc) for “section 148” substitute “section 138A”;

• (iv) in paragraph (4), for “the FSA” substitute “that regulator”;

• (v) in the heading, for “FSA’s” substitute “regulator’s’”;

• (b) in article 21 (modification to FSA’s duty to consult on rule changes)—

• (i) in paragraph (1)—

• (aa) for “Section 155(7)” substitute “Subsections (1) and (2) of section 138L”;

• (bb) for “has”, substitute “have”;

• (ii) in paragraph (2)—

• (aa) for “Section 157 of the 2000 Act (guidance)” substitute “Section 139A of the 2000 Act (power of the FCA to give guidance)”;

• (bb) for “Section 155(7)” substitute “Section 138L(1)”;

• (iii) in the heading, for “FSA’s” substitute “regulator’s’”.

The Local Government Pension Scheme (Management and Investment of Funds) (Scotland) Regulations 2010

183

In regulation 3 (definition of “investment”) of the Local Government Pension Scheme (Management and Investment of Funds) (Scotland) Regulations 2010[^f00267], in paragraph (8), for “Financial Services Authority” substitute “Financial Conduct Authority”.

The Regulation of Investigatory Powers (Communications Data) Order 2010

184

In Part 1 of the Schedule 2 to the Regulation of Investigatory Powers (Communications Data) Order 2010[^f00268], for the entry for the “The Financial Services Authority” substitute—

The Financial Conduct Authority	A Head of Department in the Enforcement and Financial Crime Division	A Manager in the Enforcement and Financial Crime Division	Section 22(2)(b)
The Prudential Regulation Authority	The Head of Regulatory Action		Section 22(2)(b)

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010

185

In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010^f00269, for the entry for the “The Financial Services Authority”, substitute—

The Financial Conduct Authority	A Head of Department in the Enforcement and Financial Crime Division	A Manager in the Enforcement and Financial Crime Division	Paragraph (b)
The Prudential Regulation Authority	The Head of Regulatory Action		Paragraph (b)

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010

186

In paragraph 17 of Schedule 2 to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010[^f00270] (regulated activities: general exceptions) for “Financial Services Authority” substitute “Financial Conduct Authority or the Prudential Regulation Authority”.

The Banking Act 2009 (Inter-Bank Payment Systems) (Disclosure and Publication of Specified Information) Regulations 2010

187

In the Banking Act 2009 (Inter-Bank Payment Systems) (Disclosure and Publication of Specified Information) Regulations 2010[^f00271]—

• (a) in regulation 7 (publication of specified information)—

• (i) in paragraph (2)—

• (aa) at the end of sub-paragraph (a), insert “or”;

• (bb) omit sub-paragraph (b);

• (cc) for “Financial Services Authority” substitute “the relevant regulator”;

• (ii) after paragraph (2) insert—

(3) In this regulation, “the relevant regulator” means— (a) in relation to a person who has, or who has applied for, permission under Part 4A of the Financial Services and Markets Act 2000 to carry on a PRA-regulated activity (within the meaning of that Act), the Financial Conduct Authority and the Prudential Regulation Authority; (b) in any other case, the Financial Conduct Authority.

• (b) in the Schedule (persons to whom the Bank of England may disclose specified information for specified purposes), for “section 15 of the Financial Services and Markets Act 2000 (power to appoint a person to hold an inquiry)”, substitute “section 68 of the Financial Services Act 2012 (cases in which Treasury may arrange independent inquiries)”.

The Credit Rating Agencies Regulations 2010

188

The Credit Rating Agencies Regulations 2010[^f00272] are amended as follows—

• (a) in regulation 2(1) (interpretation)—

• (i) omit the definition of “the Authority”;

• (ii) after the definition of “ESMA” insert—

• “the FCA” means the Financial Conduct Authority.

• (b) before regulation 3 (designation of competent authority), in the heading for Part 2, for “The Authority” substitute “The Financial Conduct Authority”;

• (c) in regulation 3 (designation of competent authority), for “The Authority” substitute “The FCA”;

• (d) in regulation 5 (disclosure of confidential information)—

• (i) for “Authority etc” substitute “FCA, PRA etc”,

• (ii) for “Authority” substitute “FCA”;

• (e) in regulation 6 (guidance), for “Authority” in each place it appears, substitute “FCA”;

• (f) in regulation 7 (miscellaneous)—

• (i) for “Authority” in each place it appears, substitute “FCA”;

• (ii) for “Part 1 (general) and paragraphs 13 (status) and 19 (exemption from liability in damages) of Schedule 1” substitute “Part 1 (general) and paragraphs 16 (status) and 33 (exemption from liability in damages) of Schedule 1ZA”;

• (g) in regulation 32 (records of telephone and data traffic: Article 23c(1)(e) of the EC Regulation)—

• (i) in paragraph (2) for “Authority” substitute “FCA”;

• (ii) in paragraph (3) for “Authority” substitute “FCA”;

• (h) in regulation 33 (inspections: Article 23d of the EC Regulation), in each place it appears, for “Authority” substitute “FCA”.

The Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010

189

In regulation 17 of the Financial Services and Markets Act 2000 (Contribution to Costs of Special Resolution Regime) Regulations 2010[^f00273] (payments made under these Regulations to constitute payment of compensation under the scheme)—

• (a) in paragraph (2), for “FEES 6 Chapter” substitute “the relevant fees rules”;

• (b) in paragraph (4)—

• (i) omit the definitions of “COMP Sourcebook” and “FEES 6 Chapter”,

• (ii) for the definition of “in default” substitute—

• “in default” means in default in accordance with rules made by— if the banking institution is a PRA-authorised person, the PRA or the FCA; in any other case, the FCA;

• (c) after the definition of “protected deposit” insert—

• “relevant fees rules” means rules (as amended from time to time) made under section 213 of the Act by— if the banking institution is a PRA-authorised person, the PRA or the FCA; in any other case, the FCA.

The Building Society Special Administration (England and Wales) Rules 2010

190

• (1) The Building Society Special Administration (England and Wales) Rules 2010[^f00274] are amended as follows.

• (2) In rule 12 (Bank of England witness statement), for “FSA” substitute “FCA and where relevant the PRA”.

• (3) In rule 20 (other notification) for “FSA” substitute “FCA and where relevant the PRA”.

• (4) In rule 24 (notice of order) for “four” substitute “four or, if the building society is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), five”;

• (5) In rule 25 for “FSA” substitute “FCA and where relevant the PRA”.

• (6) In rule 31 for “FSA” substitute “FCA and where relevant the PRA”.

• (7) In rule 38 for “FSA” substitute “FCA and where relevant the PRA”.

• (8) In rule 45 after “four” insert “or, if the building society is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), five”.

• (9) In rule 46 for “FSA” substitute “FCA and where relevant the PRA”.

• (10) In rule 49 (disapplication of set-off for protected deposits)—

• (a) in paragraph (1)(a), for “FSA Rules” substitute “the appropriate regulator’s rules”;

• (b) in paragraph (6)—

• (i) for the definition of “FSA Rules” substitute—

• “appropriate regulator’s rules” means the rules, as amended from time to time, made under section 213 of the Financial Services and Markets Act 2000 by— if the building society is a PRA-authorised person (within the meaning of that Act), the PRA or the FCA; in any other case, the FCA;

• (ii) in the definition of “protected deposit” for “FSA Rules” substitute “the appropriate regulator’s rules”.

• (11) In rule 50 (end of special administration: successful rescue) for “FSA” in both places substitute “FCA and where relevant the PRA”.

• (12) In rule 51 (end of special administration: dissolution) for “FSA” in each place substitute “FCA and where relevant the PRA”.

• (13) In rule 54 (right to inspect file) for “FSA” substitute “FCA and where relevant the PRA”.

• (14) In rule 62(p) (general modifications), for “FSA” substitute “FCA”.

• (15) In rule 63 (table of applications and special modifications) for “FSA” substitute—

• (a) in the entry relating to rule 2.128, “FCA”;

• (b) in every other place substitute “FCA and where relevant the PRA”.

The Building Society Insolvency (England and Wales) Rules 2010

191

• (1) The Building Society Insolvency (England and Wales) Rules 2010[^f00275] are amended as follows.

• (2) In rule 3 (application, construction and interpretation)—

• (a) in paragraph (2)—

• (i) after the definition of “the 2010 Rules”, insert—

• “the appropriate regulator”, in relation to a building society, means— if the building society is a PRA-authorised person (within the meaning of the Financial Services and Markets Act 2000), the Prudential Regulation Authority and the Financial Conduct Authority (except in rules 20, 74, 95(2) and 180 when it means the Prudential Regulation Authority or the Financial Conduct Authority); in any other case, the Financial Conduct Authority;