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 Regulations22)

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 143Y (Statement of policy for penalties under section 143W)28

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 22by 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 Regulations, 30regulation 40 of the Small and Medium Sized Business (Finance Platforms) Regulations 15 and by Part 3 of the Schedule to the Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 202330)

Section 249 (Disciplinary measures)6

Section 312J (Statement of policy)6

Section 312T (Statement of policy relating to disciplinary measures)31

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

Section 395 (The Authority's procedures) (including as applied by Part 3 of the Schedule to the Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023, by 30 paragraph 7 of Schedule 5 to the Payment Services Regulations,22 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, 29regulation 41 of the Small and Medium Sized Business (Finance Platforms) Regulations and by paragraph 12(6) of Schedule 1 to the Securitisation Regulations 202429)

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

[deleted]22

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

18Paragraph 7 of Schedule 1 (Guidance) of the MiFI Regulations

18Paragraph 14 of Schedule 1 (Statements of Policy) of the MiFI Regulations

18Paragraph 22 of Schedule 1 (Application of Part 26 of the Act) of the MiFI Regulations

16Regulation 20 (Guidance) of the DRS Regulations

18Regulation 27 (Statements of Policy) 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

19Paragraph 3 (Statements of Policy) of Schedule 1 of the Packaged Retail and Insurance-based Investment Products Regulations

19Paragraph 6 (Application of Part 26 of the Act) of Schedule 1 to the Packaged Retail and Insurance-based Investment Products Regulations

20Regulation 14 (Statements of Policy) of the UK Benchmarks Regulations 2018

20Regulation 19 (Application of Part 11 of the Act (information gathering and investigations)) of the UK Benchmarks Regulations 2018

20Regulation 23 (Application of Part 26 of the Act (notices)) of the UK Benchmarks Regulations 2018

21Regulation 9 (Statements of Policy) of the UK Securitisation Regulations

21Paragraph 1 of Schedule 1 (Application of sections 66 to 70 of the Act) of the UK Securitisation Regulations

21Paragraph 3 of Schedule 1 (Application of Part 11 of the Act (information gathering and investigation)) of the UK Securitisation Regulations

21Paragraph 4 of Schedule 1 (Application of Part 14 of the Act (disciplinary measures)) of the UK Securitisation Regulations

21Application of Part 26 of the Act (notices) of the UK Securitisation Regulations

29Regulation 46 (Statement of policy) of the Securitisation Regulations 2024

29Paragraph 10 of Schedule 1 (Application of Part 11 of the Act (information gathering and investigation)) of the Securitisation Regulations 2024

29Paragraph 12 of Schedule 1 (Application of Part 26 of the Act (notices)) of the Securitisation Regulations 2024

25Regulation 16 (Statement of policy on imposition of penalties) of the Proxy Advisors (Shareholders’ Rights) Regulations

25Regulation 22 (Application of Part 11 of the Act (information gathering and investigations)) of the Proxy Advisors (Shareholders’ Rights) Regulations

25Regulation 26 (Application of Part 26 of the Act (notices)) of the Proxy Advisors (Shareholders’ Rights) Regulations

23Regulation 5 (Guidance) of the CRA (EU Exit) Regulations

23Regulation 8 (Statement of policy) of the CRA (EU Exit) Regulations

23Regulation 18 (Information gathering and investigations) of the CRA (EU Exit) Regulations

23Regulation 19 (Notices) of the CRA (EU Exit) Regulations

24Regulation 69 (Statement of policy) of the Trade Repositories (EU Exit) Regulations

24Regulation 71 (Powers to issue guidance) of the Trade Repositories (EU Exit) Regulations

24Regulation 75 (Application of Part 11 of the Act (information gathering and investigations) of the Trade Repositories (EU Exit) Regulations

24 Regulation 76 (Application of Part 26 of the Act (notices) of the Trade Repositories (EU Exit) Regulations

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26Regulation 30 (Statement of policy) of the SFTR (EU Exit) Regulations

26Regulation 32 (Powers to issue guidance) of the SFTR (EU Exit) Regulations

26Regulation 36 (Application of Part 11 of the Act (information gathering and investigations)) of the SFTR (EU Exit) Regulations

26Regulation 37 (Application of Part 26 of the Act (notices)) of the SFTR (EU Exit) Regulations