DEPP Sch 4 Powers Exercised

1The following powers and related provisions in or under the Act have been exercised by the FCA6 to make the statements of policy in DEPP:2

2Section 63C (Statement of policy)

12Section 63ZD (Statement of policy relating to conditional approval and variation)

Section 69 (Statement of policy) (including as applied by paragraph 1 of Schedule 5 to the Payment Services Regulations and by paragraph 1 of the Schedule to the Cross-Border Payments in Euro Regulations)4

Section 88C (Action under s.88A: statement of policy)6

Section 89S (Action under s. 89Q: statement of policy)6

Section 93(1) (Statement of policy)

Section 124(1) (Statement of policy)2

2Section 131J (Impositions of penalties under section 131G:5 statement5 of policy)

Section 139A (Power of the FCA to give guidance)6

Section 169(9) (Investigations etc in support of overseas regulator) (including as applied by paragraph 3 of Schedule 5 to the Payment Services Regulations)

Section 192N (Imposition of penalties under section 192K: statement of policy)6

Section 210(1) (Statements of policy) (including as applied by regulation 86(6) of the Payment Services Regulations,14 by paragraph 3 of the Schedule to the Cross-Border Payments in Euro Regulations,13 4by article 23(4) of the MCD Order,14 regulation 43 of the Small and Medium Sized Business (Credit Information) Regulations,15 by regulation 36(6) of the Payment Accounts Regulationsand by regulation 40 of the Small and Medium Sized Business (Finance Platforms) Regulations 15 )

Section 249 (Disciplinary measures)6

Section 312J (Statement of policy)6

Section 345D (Imposition of penalties on auditors or actuaries: statement of policy)6

Section 395 (The Authority's procedures) (including as applied by paragraph 7 of Schedule 5 to the Payment Services Regulations, by paragraph 5 of the Schedule to the Cross-Border Payments in Euro Regulations,13 by article 24(2) of the MCD Order,14 regulation 44 of the Small and Medium Sized Business (Credit Information) Regulations,15 by paragraph 4 of Schedule 7 of the Payment Accounts Regulations and by regulation 41 of the Small and Medium Sized Business (Finance Platforms) Regulations)15

Paragraph 16 (Penalties) of Schedule 1 (The Financial Services Authority)

The following additional powers and related provisions have been exercised by the FCA6 to make the statements of policy in DEPP:

Regulation 42 (Guidance) of the RCB Regulations

Regulation 44 (Warning notices and decision notices) of the RCB Regulations3

3Regulation 86 (Proposal to take disciplinary measures) of the Payment Services Regulations

Regulation 93 (Guidance) of the Payment Services Regulations4

4Regulation 14 (Guidance) of the Cross-Border Payments in Euro Regulations

Regulation 70 (Warning Notices, Decision Notices and Supervisory Notices) of the AIFMD UK regulation7

Regulation 71 (Application of Act to unauthorised AIFs8) of the AIFMD UK regulation78

8Regulation 29 (Statements of policy) of the Referral Fees Regulations

8Regulation 30 (Application of Part 26 of the 2000 Act) of the Referral Fees Regulations9

9Article 3(11) (Application of provisions of FSMA 2000 in connection with failure to comply with the 1974 Act) of the CCA Order

9Article 4 (Statement of policy) of the CCA Order

10

Regulation 28 (Statements of policy) of the Immigration Regulations

10

Regulation 29 (Application of Part 26 of the 2000 Act) of the Immigration Regulations

16Regulation 20 (Guidance) of the DRS Regulations

16Regulation 37 (Application of Part 26 of the Act) of the DRS Regulations

17Regulation 82 (The FCA: procedure (general)) of the Money Laundering Regulations