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Status: You are viewing the version of the handbook as on 2012-12-13.

GEN Sch 4 Powers exercised

GEN Sch 4.1G

9In this Schedule, references to GEN include the Glossary.

GEN Sch 4.2G

9The following powers and related provisions in or under the Act have been exercised by the FSA to make the rules in GEN:

Section 59 (Approval for particular arrangements)

Section 72 (The competent authority)

Section 73A (Part 6 Rules)

Section 74 (The official list)

Section 75 (Applications for listing)

Section 77 (Discontinuance and suspension of listing)

Section 79 (Listing particulars and other documents)

Section 80 (General duty of disclosure in listing particulars)

Section 81 (Supplementary listing particulars)

Section 84 (Matters which may be dealt with by prospectus rules)

Section 85 (Prohibition of dealing etc in transferable securities without approved prospectus)

Section 87 (Election to have prospectus)

Section 87A (Criteria for approval of prospectus by competent authority)

Section 87G (Supplementary prospectus)

Section 87R (Register of investors)

Section 88 (Sponsors)

Section 89 (Public censure of sponsor)

Section 89A (Transparency rules)

Section 89B (Provision of voteholder information)

Section 89C (Provision of information by issuers of transferable securities)

Section 89D (Notification of voting rights held by issuer)

Section 89E (Notification of proposed amendment of issuer’s constitution)

Section 89F (Transparency rules: interpretation etc)

Section 89G (Transparency rules: other supplementary provisions)

Section 89O (Corporate governance rules)

Section 96 (Obligations of issuers of listed securities)

Section 96A (Disclosure of information requirements)

Section 96C (Suspension of trading)

Section 99 (Fees)

Section 100 (Penalties)

Section 101 (Part 6 rules: general provisions)

Section 118(8) (Market abuse)

1114

Section 136(2) (Funding of the legal assistance scheme)

Section 138 (General rule-making power)

Section 139 (Miscellaneous ancillary matters)

Section 140 (Restrictions on managers of certain collective investment schemes)

Section 141 (Insurance business rules)

Section 142(2) (Insurance business: regulations supplementing Authority’s rules)

Section 144 (Price stabilising rules)

Section 145 (Financial promotion rules)

Section 146 (Money laundering rules)

Section 147 (Control of information rules)

Section 148(3) (Modification or waiver of rules)

Section 149 (Evidential provisions)

Section 150(2) (Actions for damages)

Section 156 (General supplementary powers)

Section 158A (Guidance on outsourcing by investment firms and credit institutions)

Section 178 (Obligation to notify the Authority: acquisitions of control)

Section 191D (Obligation to notify the Authority: dispositions of control)

Section 213 (The compensation scheme) (including as referred to in section 216(5) (Continuity of long-term insurance policies) and section 217(7) (Insurers in financial difficulties)

Section 214 (General)

Section 215 (Rights of the scheme in relevant person’s insolvency)

Section 216 (Continuity of long-term insurance policies)

Section 217 (Insurers in financial difficulties)

Section 218(2)(b) (Annual report)

Section 223 (Management expenses)

11Section 223C (Payments in error)

11Section 224F (Rules about relevant schemes)

Section 226 (Compulsory jurisdiction) (including as applied by regulation 125 of the Payment Services Regulations)

Section 226A(7) (Consumer credit jurisdiction)

Section 229 (Awards)

Section 234 (Industry funding)

Section 238(5) (Restrictions on promotion)

Section 239 (Single property schemes)

Section 242 (Applications for authorisation of unit trust schemes)

Section 247 (Trust scheme rules)

Section 248 (Scheme particulars rules)

Section 278 (Rules as to scheme particulars)

Section 283(1) (Facilities and information in UK)

Section 293 (Notification requirements)

Section 295 (Notification: overseas investment exchanges and overseas clearing houses)

Section 300B (Duty to notify proposal to make regulatory provision)

Section 322 (Rules applicable to former underwriting members)

Section 332(1) (Rules in relation to persons to whom the general prohibition does not apply)

Section 340 (Appointment)

Section 341 (Access to books etc)

Paragraph 17 (Fees) of Schedule 1 (The Financial Services Authority)

Paragraphs 19 (Establishment) and 20 (Services) of Schedule 3 (EEA Passport Rights)

Schedule 7 (The Authority as Competent Authority for Part VI)

Paragraphs 7(3) (Annual reports), 13 (Authority’s procedural rules), 16B (Procedure for complaints etc) and 16D (Enforcement of money awards) of Schedule 17 (The Ombudsman Scheme)13

Regulation 6(1) (FSA rules) of the OEIC Regulations

Article 4(1) (Designation of pre-commencement provisions) of the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Rules) Order 2001 (SI 2001/1534)

Article 15 (Record-keeping and reporting requirements relating to relevant complaints) of the Ombudsman Transitional Order

The Financial Services and Markets Act 2000 (Variation of Threshold Conditions) Order 2001 (SI 2001/2507)

Articles 4 (Pending applications), 6 (Post-commencement applications), 9 (Article 9 defaults occurring before commencement), 9A (Contributions in relation to mesothelioma claims),10 (Applications in respect of compulsory liability insurance), 12 (Applications under the new scheme) and 23 (Record-keeping and reporting requirements relating to pre-commencement) of the compensation transitionals order

Articles 9 (Designation of existing provisions to take effect as rules) and 10 (Modifications of existing provisions) of the Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002 (SI 2002/1501)

Regulation 3 (Consumer contract requirements: modification of rule-making powers) of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (SI 2002/1775)

Regulation 2 (Power of the Authority to make rules under section 138 of the Financial Services and Markets Act 2000) of the Financial Services and Markets Act 2000 (Fourth Motor Insurance Directive) Regulations 2002 (SI 2002/2706)

Article 9 (Record-keeping and reporting requirements relating to relevant transitional complaints) of the Mortgage and General Insurance Complaints Transitional Order

GEN Sch 4.3G

9The following additional powers have been exercised by the FSA to make the rules in GEN:

Regulation 2(3) (Application for permission) of the Capital Requirements Regulations 2006 (SI 2006/3221)

Regulation 82 (Reporting requirements) of the Payment Services Regulations

Regulation 92 (Costs of supervision)13 of the Payment Services Regulations13

13

13Regulation 49 (Reporting requirements) of the Electronic Money Regulations

13Regulation 59 (Costs of supervision) of the Electronic Money Regulations

Articles 3 (Further power for Authority to make rules concerning mesothelioma claims) and 4 (Modification of FSMA in relation to FSA rules for mesothelioma claims) of the mesothelioma regulations

Regulations 8 (Applications for registration), 9 (Applications for admission to the register of issuers), 18 (Notification requirements), 20 (Material changes to the regulated covered bond), 24 (Requirements relating to the asset pool), 25 (Change of owner), 36 (financial penalties policy statement), 46 (Modifications of primary and secondary legislation) of, and paragraph 5 (fees) to the Schedule (Modifications to primary and secondary legislation) to, the RCB Regulations

GEN Sch 4.4G

9The following powers and related provisions in the Act have been exercised by the FSA to issue the parts of the codes in GEN:

Section 64(2) (Conduct: statements and codes)

Section 119 (The code)

Section 120 (Provisions included in the Authority’s code by reference to the City Code)

Section 121 (Codes: procedure)

GEN Sch 4.5G

9The following powers and related provisions in the Act have been exercised by the FSA to issue the parts of the statements in GEN:

Section 64(1) (Conduct: statements and codes)

Section 69 (Statement of policy) (including as applied by paragraph 1 of Schedule 5 to the Payment Services Regulations and paragraph 1 of Schedule 3 to the Electronic Money Regulations)13

12

Section 93 (Statement of policy)

Section 124 (Statement of policy)

11Section 165B(6) (Safeguards etc in relation to exercise of power under section 165A)

Section 169(9) (Investigations etc in support of overseas regulator) (including as applied by paragraph 3 of Schedule 5 to the Payment Services Regulations and paragraph 3 of Schedule 3 to the Electronic Money Regulations)13

Section 210 (Statements of policy) (including as applied by regulation 86(6) of the Payment Services Regulations and regulation 53 (6) of the Electronic Money Regulations)13

12

Section 395 (The Authority’s procedures) (including as applied by paragraph 7 of Schedule 5 to the Payment Services Regulations and paragraph 8 of Schedule 3 to the Electronic Money Regulations)13

GEN Sch 4.6G

9The following additional powers and related provisions have been exercised by the FSA to issue the parts of the statements in GEN:

Regulation 42 (Guidance) of the RCB Regulations

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

Regulation 93 (Guidance) of the Payment Services Regulations13

12Regulation 14 (Guidance) of the Cross-Border Payments in Euro Regulations

13Regulation 60 (Guidance) of the Electronic Money Regulations

GEN Sch 4.7G

9The following powers and related provisions in the Act have been exercised by the FSA in GEN to direct, require or specify:

Section 51 (Applications under this Part)

Section 60 (Applications for approval)

Section 148(3) (Modification or waiver of rules)

Section 182 (Notification)

Section 242 (Applications for authorisation of unit trust schemes)

Sections 250(4) and (5) (Modification or waiver of rules)

Section 270(6)(b) (Schemes authorised in designated countries or territories)

Section 274 (Applications for recognition of individual schemes)

Section 287 (Application by an investment exchange)

Section 288 (Application by a clearing house)

Section 294(2) (Modification or waiver of rules)

Section 316 (Direction by Authority)

Section 317 (The core provisions)

Section 318 (Exercise of powers through Council)

Paragraph 5(4) (Notice to Authority) of Schedule 4 (Treaty Rights)13

Regulations 7(3) and (4) (Modification or waiver of FSA rules) and 12 (Application for authorisation) of the OEIC Regulations

GEN Sch 4.7AG

13The following additional powers and related provisions have been exercised by the FSA in GEN to direct, require or specify:

Regulation 49 (Reporting requirements) of the Electronic Money Regulations

GEN Sch 4.8G

9The following power in the Act has been exercised by the FSA to make the part of the complaints scheme in GEN:

Paragraph 7 (Arrangements for the investigation of complaints) of Schedule 1 (The Financial Services Authority)

GEN Sch 4.9G

9The following powers in or under the Act have been exercised by the FSA to give the other guidance in GEN:

Section 157(1) (Guidance)

Section 158A (Guidance on outsourcing by investment firms and credit institutions)

Article 11(1) (Guidance) of the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Rules) Order 2001 (SI 2001/1534)

Article 14 (Guidance on continued provisions) of the Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002 (SI 2002/1501)

GEN Sch 4.10G

9The following additional powers have been exercised by the FSA to make the other guidance13 in GEN:

13

Regulation 93 (Guidance) of the Payment Services Regulations13

12Regulation 14 (Guidance) of the Cross-Border Payments in Euro Regulations

13Regulation 60 (Guidance) of the Electronic Money Regulations

GEN Sch 4.11G

G

10GEN 2.1.8 R is made by FOS Ltd in the exercise of its powers referred to in Schedule 4 to DISP.