FEES 6.3 The FSCS's power to impose levies

The FSCS may at any time impose a management expenses levy or a compensation costs levy,6 provided that the FSCS has reasonable grounds for believing that the funds available to it to meet relevant expenses are, or will be, insufficient, taking into account expenditure already incurred, actual and expected recoveries and8:

1. (1)

   in the case of a management expenses levy, the level of the FSCS's expected8 expenditure in respect of those expenses in the financial year9 of the compensation scheme in relation to which the levy is imposed; and9

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2. (2)

   [deleted]9

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3. (3)

   8in the case of a compensation costs levy:9

   1. (a)

      the FSCS's expenditure in respect of compensation costs expected in the 12 months of the financial year of the compensation scheme in relation to which the levy is imposed9; or, if greater

   2. (b)

      one third of the FSCS's expenditure in respect of compensation costs expected in the 36 months following the 1 April in the financial year of the compensation scheme in relation to which the levy is imposed9.

8The FSCS may at any time impose a MERS levy provided that the FSCS has reasonable grounds for believing that the funds available to it to meet relevant expenses are or will be insufficient, taking into account relevant expenses incurred or expected to be incurred in the financial year of the compensation scheme in relation to which the levy is imposed9.

The maximum aggregate amount of compensation costs and specific costs for which the FSCS can levy each8 class (including levies through the retail pool10)9 in any one financial year9 of the compensation scheme is limited to the amounts set out in the table in FEES 6 Annex 2 R.2

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The FSCS may include in a compensation costs levy the costs of compensation paid by the FSCS in error, provided that the payment was not made in bad faith.5

The FSCS must hold any amount collected from a specific costs levy or compensation costs levy to the credit of the classes2 in accordance with the allocation established under FEES 6.4.6AR and FEES 6.5.2-AR9.

Any funds received by the FSCS by way of levy or otherwise for the purposes of the compensation scheme are to be managed as the FSCS considers appropriate, and in doing this the FSCS must act prudently.

Interest earned by the FSCS in the management of funds held to the credit of a class must be credited to that class8, and must be set off against the management expenses or compensation costs 2allocated to that class.82

The FSCS must keep accounts which include:8

1. (1)

   the funds held to the credit of each class; and

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2. (2)

   the liabilities of that class.8

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1. (1)

   The FSCS may use any money held to the credit of one class2(the creditor class)2 to pay compensation costs or specific costs attributable 8or allocated by way of levy8 to 2another class 2(the debtor class)2 if the FSCS has reasonable grounds to believe that this would be more economical than borrowing funds from a third party or raising a levy.

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2. (2)

   Where the FSCS acts in accordance with (1), it must ensure that:

   1. (a)

      the creditor class2 is reimbursed by the debtor class2 as soon as possible;

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   2. (b)

      the debtor class2 pays interest at a rate equivalent to the Bank of England's repo rate from time to time in force; and

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   3. (c)

      the amount lent by the creditor class2 to the debtor class2 is taken into account by the FSCS when considering whether to impose a compensation costs levy8 on the creditor class2 under FEES 6.3.1 R.

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Unless FEES 6.3.20 R applies, any recoveries made by the FSCS in relation to protected claims must be credited to the classes8 to which the related compensation costs was attributable.8

1. (1)

   Where8 the FSCS makes recoveries in relation to protected claims where a8 related compensation costs levy8 would have been allocated to a class (class A) had the levy limit for class A not been reached and has been allocated to another class or classes in the retail pool, the recoveries must be applied:8

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   1. (a)

      8first, to the classes to which the costs levied were allocated in accordance with FEES 6.5A in the same proportion as those classes contributed, up to the total amount of that allocation plus interest at a rate equivalent to the Bank of England's Official Bank Rate from time to time in force; and

   2. (b)

      thereafter, to class A.

2. (2)

   This rule applies even though the recovery is made in a subsequent financial year.2

3. (3)

   [deleted]8

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If the FSCS has more funds (whether from levies, recoveries or otherwise)8 to the credit of a class82 than the FSCS believes will be required to meet levies on that class82 for the next 12 months, it may refund the surplus to members or former members of the class82 on any reasonable basis.

The FSCS may adjust the calculation of a participant firm's share of any levy to take proper account of:

1. (1)

   any excess, not already taken into account, between previous levies of that type imposed in relation to previous periods and the relevant costs actually incurred in that period; or

2. (2)

   participant firms that are exempt from the levy under FEES 6.2; or

3. (3)

   amounts that the FSCS has not been able to recover from participant firms as a result of FEES 6.3.5 R ; or

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4. (4)

   amounts that the FSCS has not been able to recover from participant firms after having taken reasonable steps; or

5. (5)

   FEES 2.3 (Relieving Provisions),4 10FEES 6.5.9 R (New participant firms) or12 FEES 6.3.23 R (Remission of levy or additional administrative fee)12; or

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6. (6)

   anything else that the FSCS believes on reasonable grounds should be taken into account.

4The FSCS may not adjust the calculation of a participant firm's share of any levy under FEES 6.3.22 R on the grounds that it would be inequitable for that firm to pay that share or part of it or on the grounds that it would be inequitable for the FSCS to retain that share or part of it.

1. (1)

   4This rule applies to the calculation of the levies of a firm (A) if:

   1. (a)

      either:

      1. (i)

         A acquires all or a part of the business of another firm (B), whether by merger, acquisition of goodwill or otherwise; or

      2. (ii)

         A became authorised as a result of B's simple change of legal status (as defined in FEES 3 Annex 1R9 Part 6);

   2. (b)

      B is no longer liable to pay a levy; and

   3. (c)

      that acquisition or change takes place after the date to which, or as of which, A's most recent statement of business under FEES 6.5.13 R is drawn up so far as concerns the classes8 covered by B's business.

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2. (2)

   A must pay an additional amount equal to the levy that would have been payable by B in relation to the relevant business and relevant classes8 if the acquisition or change in status had not taken place and B had remained liable to pay levies. The amount is based on the most recent information supplied by B under FEES 6.5.13 R. A is included in the classes8 applicable to the relevant business.

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3. (3)

   This rule only applies with respect to those financial years9 of the compensation scheme9 for which A's levies are calculated on the basis of a statement of business under FEES 6.5.13 R drawn up to a date, or as of a date, before the acquisition or change in legal status took place.

If a participant firm's share of a levy or an additional administrative fee under FEES 6.7.4 R would be so small that, in the opinion of the FSCS, the costs of collection would be disproportionate to the amount payable, the FSCS may treat the participant firm as if its share of the levy or additional administrative fee amounted to zero.

9The FSCS may impose a levy on the Society to be calculated as the aggregate of the levies that would be imposed on each member if this chapter applied to members, as follows:

1. (1)

   a share of the base costs levy for each financial year; and

2. (2)

   a share of a specific costs levy or a compensation costs levy allocated to the insurers – life contribution class or insurers – general contribution class in the retail pool in accordance with this chapter.