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Defined terms — Financial Services and Markets Act 2000

United Kingdom · ukpga/2000/8 · 8887 provisions

702 defined in this instrument.

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a fees direction — a direction given by the Treasury as a result of regulations under section 410A Section 410B(1)
a paragraph 37(1) person — a person who is treated as having a Schedule 2A permission by virtue of paragraph 64 following the cancellation of that permission by the FCA under paragraph 37(1) Schedule 2A, Part 10, paragraph 66(2)
a recognised scheme — a section 271A scheme or a scheme recognised under section ... 272 (and see also section 282C) Section 237(3)
A relevant agreement or obligation — — a specified agreement; an agreement entered into in contravention of any rule made as a result of subsection (2)(c) or (d); an obligation to which a person is subject as a result of exercising a right conferred by an agreement within paragraph (a) or (b) of this subsection Section 137D(8)
a section 271A scheme — a scheme recognised under section 271A (and see also section 271S); .. Section 237(3)
A unilateral change notice — a notice that includes such information relating to the unilateral change as is specified in general rules made by the FCA Section 117F(2)
acquisition — the acquisition of control or of an increase in control over a UK authorised person; “the appropriate regulator” is to be read in accordance with section 178(2A); ... “qualifying credit institution” includes a credit institution which is authorised under the law of Gibraltar relied on immediately before IP completion day to implement the capital requirements directive. “shares” has the same meaning as in section 422 Section 191G(1)
acquisition — the acquisition of control or of an increase in control over a recognised investment exchange; ... “shares” and “voting power” have the same meaning as in section 422 Section 301M(1)
acting in an introductory capacity — merely introducing (directly or indirectly) a consumer to a mortgage creditor or mortgage intermediary Section 423A(4)
active member — an active member within the meaning of Part 1 of the Pensions Act 2008 (see section 99 of that Act) or Part 1 of the Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13 (N.I.)) (see section 78 of that Act) Section 117A(4)
actuary — an auditor, or actuary, who satisfies such requirements as to qualifications, experience and other matters (if any) as may be specified Section 340(6)
administrative sanction — — a penalty or statement of censure imposed or published under section 123; a prohibition imposed under section 123A; or a suspension or restriction imposed under section 123B Section 124(10)
Agreement — an agreement— made after this section comes into force; and the making or performance of which constitutes, or is part of, the regulated activity in question Section 26(3)
agreement — an agreement— which is made after this section comes into force, and the making or performance of which constitutes, or is part of, the credit-related regulated activity Section 26A(3)
Agreement — an agreement— made after this section comes into force; and the making or performance of which constitutes, or is part of, the regulated activity in question carried on by the provider Section 27(3)
Agreement — an agreement— made after this section comes into force; and the making or performance of which constitutes, or is part of, accepting deposits Section 29(5)
agreement — an agreement the making or performance of which constitutes or is part of a regulated activity carried on by the company or partnership Section 359(4)
Agreement — an agreement the making or performance of which constitutes or is part of a regulated activity carried on by the body concerned Section 367(5)
Agreement — an agreement the making or performance of which constitutes or is part of a regulated activity carried on by the individual concerned Section 372(8)
an authorisation offence — an offence under this section Section 23(2)
an authorised contractual scheme — a contractual scheme which is authorised for the purposes of this Act by an authorisation order in force under section 261D(1) Section 237(3)
an authorised open-ended investment company — a body incorporated by virtue of regulations under section 262 in respect of which an authorisation order is in force under any provision made in such regulations by virtue of subsection (2)(l) of that section Section 237(3)
an authorised unit trust scheme — a unit trust scheme which is authorised for the purposes of this Act by an authorisation order in force under section 243 Section 237(3)
an open-ended investment company — a collective investment scheme which satisfies both the property condition and the investment condition Section 236(1)
An overseas regulator — an authority in a country or territory outside the United Kingdom— which is a home state regulator; or which exercises any function of a kind mentioned in subsection (4) Section 195(3)
ancillary services — any of the services and activities listed in Part 3A of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) Section 39(8)
annual rate — the total cost to the borrower expressed as an annual percentage of the total amount of credit Section 423A(4)
Applicant — the person seeking to enforce the agreement or obligation or retain the money or property paid or transferred Section 30(8)
applicant — a person who has applied for a recognition order; .. Section 313(1)
application — an application for a recognition order made under section 287 , 288 or 288A Section 313(1)
Appointed — appointed under or as a result of this Act Section 341(2)
Appointed — appointed under or as a result of this Act Section 346(3)
appointed member — a member of the governing body appointed under sub-paragraph (2)(a), (b), (d) or (e) Schedule 1ZA, Part 1, paragraph 2(6)
appointed representative — — a person who is exempt as a result of subsection (1), or a person carrying on a regulated activity in circumstances where, as a result of subsection (1D), sections 20(1) and (1A) and 23(1A) do not apply Section 39(2)
appropriate advice — advice specified (by reference to the person giving the advice or otherwise) as appropriate advice in regulations made by the Treasury Section 137FBA(6)
appropriate comparison — — in relation to section 138I(2)(a) or 138J(2)(a), a comparison between the overall position if the rules are made and the overall position if the rules are not made; in relation to section 138I(5)(a) or 138J(5)(a), a comparison between the overall position after the making of the rules and the overall position before they were made Section 138L(5)
Appropriate person — a person appearing to the regulator concerned to be someone— to whom the profits mentioned in paragraph (a) of subsection (1) or (3) are attributable; or who has suffered the loss or adverse effect mentioned in paragraph (b) of subsection (1) or (3) Section 384(6)
appropriate regulator — — in a case where the application is made to the FCA, the FCA; in a case where the application is made to the PRA, the FCA or the PRA Section 55U(6)
appropriate regulator — — in relation to a PRA-authorised person, the PRA, in relation to any other authorised person, the FCA, in relation to a parent undertaking that is not an authorised person— the PRA, where the PRA is the consolidating supervisor in relation to that undertaking; the FCA, where the FCA is the consolidating supervisor in relation to that undertaking; in relation to a financial holding company or mixed financial holding company which is not a parent undertaking— the PRA, where the holding company is approved by the PRA under Part 12B; the FCA in all other cases Section 71I(5)
Approval — an approval under section 59 Section 59A(4)
Approval — an approval under section 59 Section 63ZC(14)
Approval — an approval given under section 59 Section 66(5A)
approved activity — a regulated activity for the time being approved by regulations under paragraph 5 Schedule 2A, Part 1, paragraph 3(1)
Assets requirement — a requirement under section 55L or 55M— prohibiting the disposal of, or other dealing with, any of A's assets (whether in the United Kingdom or elsewhere) or restricting such disposals or dealings, or that all or any of A's assets, or all or any assets belonging to consumers but held by A or to A's order, must be transferred to and held by a trustee approved by the appropriate regulator Section 55P(4)
Auditor — an auditor appointed under or as a result of a statutory provision Section 339A(7)
auditor — an auditor appointed under or as a result of a statutory provision Section 339B(5)
auditors and actuaries rules — rules made under section 340; “authorisation offence” has the meaning given in section 23(2); “authorised open-ended investment company” has the meaning given in section 237(3); “authorised person” has the meaning given in section 31(2); “Bank of England” is to be read in accordance with section 2A(4) to (6); ... “body corporate” includes a body corporate constituted under the law of a country or territory outside the United Kingdom Section 417(1)
Authorisation order — an order made under (or having effect as made under) any provision of those regulations which is made by virtue of section 1(2)(1) of that Act (provision corresponding to Chapter 3 of Part 17 of the Act) Schedule 5, paragraph 1(5)
authorisation order — — an order under section 243(1), or an order under subsection (1) of this section Section 243A(5)
authorisation order — — an order under section 261D(1), or an order under subsection (1) of this section Section 261EA(5)
authorised contract — a contract which the operator of a co-ownership scheme is authorised to enter into on behalf of the relevant participants for the purposes of, or in connection with, the acquisition, management or disposal of property subject to the scheme (but does not include a contract by which a person becomes a participant in the scheme) Section 261M(1)
authorised deposit taker — a person with a Part 4A permission to accept deposits (but not a person who has a Part 4A permission to accept deposits only for the purpose of carrying on another regulated activity in accordance with that permission), “authorised reclaim fund” has the same meaning as in the Dormant Assets Acts 2008 to 2022 (see section 26 of the Dormant Assets Act 2022) Section 359(4)
authorised parent undertaking — a parent undertaking that— is incorporated in the United Kingdom or has its principal place of business in the United Kingdom, and is an authorised person Section 143B(1)
authorised person — a person who is authorised for the purposes of this Act Section 31(2)
Bankruptcy order — a bankruptcy order under Part IX of the 1986 Act (or Part IX of the 1989 Order) Section 373(2)
Bankruptcy petition — a petition to the court— under section 264 of the 1986 Act or Article 238 of the 1989 Order for a bankruptcy order to be made against an individual; under section 2 or 5 of the 2016 Act for the sequestration of the estate of an individual; or under section 6 of the 2016 Act for the sequestration of the estate belonging to or held for or jointly by the members of an entity mentioned in subsection (1) of that section Section 215(7)
benchmark — a benchmark within the meaning of section 22... (6A) Section 137F(4)
body — a body of persons— over which the court has jurisdiction under any provision of, or made under, the 1986 Act (or the 1989 Order); but which is not a building society, a friendly society or a registered society Section 355(1)
branch — — a place where a person carries on an activity for an indefinite period and which does not have legal personality, or any other description of place specified in regulations made by the Treasury Schedule 2A, Part 1, paragraph 3(3)
capital requirements directive — Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC , as it had effect immediately before IP completion day Section 417(1)
capital requirements regulation — Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 , as it forms part of assimilated law Section 417(1)
Cash — — banknotes issued by the Bank of England, or an authorised bank in its capacity as an issuer of banknotes in Scotland or Northern Ireland (see Part 6 of the Banking Act 2009), or coins made by the Mint, within the meaning of the Coinage Act 1971 (see section 11 of that Act) Section 131N(2)
central counterparty — a body corporate or unincorporated association which interposes itself between the counterparties to the contracts traded on one or more financial markets, becoming the buyer to every seller and the seller to every buyer Section 313(1)
central counterparty recognition order — a recognition order made under section 290(1)(b); “clearing”, in relation to a central counterparty, means the process of establishing positions, including the calculation of net obligations and ensuring that financial instruments, cash, or both, are available to secure the exposures arising from those positions; and “clearing services”, in relation to a central counterparty, is to be read accordingly; “critical third party” has the same meaning as in Chapter 3C (see section 312L(8) Section 313(1)
central securities depository — a CSD or third-country CSD as defined in Article 2(1) of the CSD regulation; “chief executive”— in relation to a body corporate whose principal place of business is within the United Kingdom, means an employee of that body who, alone or jointly with one or more others, is responsible under the immediate authority of the directors, for the conduct of the whole of the business of that body; and in relation to a body corporate whose principal place of business is outside the United Kingdom, means the person who, alone or jointly with one or more others, is responsible for the conduct of its business within the United Kingdom; “claim”, in relation to the Financial Services Compensation Scheme under Part XV, is to be construed in accordance with section 214(1B); “collective investment scheme” has the meaning given in section 235 Section 417(1)
Charges — charges payable, by way of interest or otherwise, in connection with the provision of credit under the regulated credit agreement, whether or not the agreement itself makes provision for them and whether or not the person to whom they are payable is a party to the regulated credit agreement or an authorised person Section 137C(2)
claim — a claim for compensation, restitution, repayment or any other remedy or relief in respect of loss or damage or in respect of an obligation, whether the claim is made or could be made— by way of legal proceedings, in accordance with a scheme of regulation (whether voluntary or compulsory), or in pursuance of a voluntary undertaking Section 419A(3)
claims management services — advice or other services in relation to the making of a claim Section 419A(1)
clients — — persons who use, have used or are or may be contemplating using, any of the services provided by a member of a profession in the course of carrying on exempt regulated activities; persons who have rights or interests which are derived from, or otherwise attributable to, the use of any such services by other persons; or persons who have rights or interests which may be adversely affected by the use of any such services by persons acting on their behalf or in a fiduciary capacity in relation to them Section 328(8)
co-ownership scheme — a collective investment scheme which satisfies the conditions in subsection (3) Section 235A(2)
collective investment scheme — any arrangements with respect to property of any description, including money, the purpose or effect of which is to enable persons taking part in the arrangements (whether by becoming owners of the property or any part of it or otherwise) to participate in or receive profits or income arising from the acquisition, holding, management or disposal of the property or sums paid out of such profits or income Section 235(1)
commencement — the commencement of such provisions of this Act as may be specified by the order Section 427(4)
company — a company— in respect of which an administrator may be appointed under Schedule B1 to the 1986 Act, or in respect of which an administrator may be appointed under Schedule B1 to the 1989 Order, “relevant deposit” shall, ignoring any restriction on the meaning of deposit arising from the identity of the person making the deposit, be construed in accordance with— section 22, any relevant order under that section, and Schedule 2 Section 359(4)
comparable authorised schemes — whichever of the following the Treasury consider to be the most appropriate— authorised unit trust schemes; authorised contractual schemes which are co-ownership schemes; authorised contractual schemes which are partnership schemes; authorised open-ended investment companies; any two or more of the kinds of collective investment scheme mentioned in paragraphs (a) to (d) Section 271B(3)
Comparable authorised schemes — whichever of the following the FCA considers the most appropriate, having regard to the nature of scheme in respect of which the application is made— authorised unit trust schemes; authorised contractual schemes which are co-ownership schemes; authorised contractual schemes which are partnership schemes; authorised open-ended investment companies; any two or more of the kinds of collective investment scheme mentioned in paragraphs (a) to (b) Section 272(6)
Compulsory jurisdiction rules — rules— made by the FCA for the purposes of this section; and specifying the activities to which they apply Section 226(3)
confidential information — information which— relates to the business or other affairs of any person; was received by the primary recipient for the purposes of, or in the discharge of, any functions of the FCA, the PRA ... or the Secretary of State under any provision made by or under this Act; and is not prevented from being confidential information by subsection (4) Section 348(2)
consolidated situation — the situation that results from an entity being treated, for the purposes of the capital requirements regulation or CRR rules (as appropriate), as if that entity and one or more other entities formed a single entity Section 192O(1)
consolidating supervisor — the competent authority responsible for the exercise of supervision on the basis of the consolidated situation (within the meaning of Article 4.1(47) of the capital requirements regulation) of an institution which is a UK parent; “director” includes, in relation to an undertaking which has no board of directors, a member of the equivalent management body responsible for the management of the undertaking concerned; ... “senior executive”, in relation to a relevant firm or a parent undertaking, means a person who— exercises executive functions within that firm or that undertaking; and is responsible, and directly accountable to the directors, for the day to day management of that firm or that undertaking Section 71I(5)
consumer — an individual who is acting for purposes outside those of any trade, business or profession carried on by the individual Section 144C(5)
consumer — an individual in the United Kingdom who is acting for a purpose other than for any trade, business or profession carried on by that individual Section 418(6F)
consumer — an individual who is acting for purposes outside those of any trade, business or profession carried on by the individual Section 423A(4)
consumers — persons who— who use, have used or may use— regulated financial services, or services that are provided by persons other than authorised persons but are provided in carrying on regulated activities, who who have relevant rights or interests in relation to any of those services, who have invested, or may invest, in financial instruments, ... who have relevant rights or interests in relation to financial instruments , or who have rights, interests or obligations that are affected by the level of a regulated benchmark ; or in respect of whom a person carries on an activity which is specified in article 89G of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (seeking out etc claims) whether that activity, as carried on by that person, is a regulated activity, or is, by reason of an exclusion provided for under the 2001 Order or the 2000 Act, not a regulated activity Section 1G(1)
consumers — persons who— who have used, or may have contemplated using, any of the services within subsection (2); or who have relevant rights or interests in relation to any of the services within that subsection Section 404E(1)
Consumers — persons who— who use, have used or may use any of the services within subsection (3); ... who have relevant rights or interests in relation to any of those services ; or whose rights, interests or obligations are affected by the level of a regulated benchmark ; or in respect of whom a person carries on an activity which is specified in article 89G of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (seeking out etc claims) whether that activity, as carried on by that person, is a regulated activity or is, by reason of an exclusion provided for under the 2001 Order or the 2000 Act, not a regulated activity Section 425A(2)
Consumers — persons who, in relation to regulated activities carried on otherwise than by authorised persons, would be consumers as defined by section 425A if the activities were carried on by authorised persons Section 425B(2)
contractual scheme — — a co-ownership scheme; or a partnership scheme Section 235A(1)
contractual scheme deed — — in relation to a co-ownership scheme, the deed referred to in subsection (3)(b); and in relation to a partnership scheme, the deed referred to in subsection (6)(c) Section 235A(8)
controlled agreement — an agreement the making or performance of which by either party constitutes a controlled activity for the purposes of that section; and “controlled investment” has the same meaning as in section 21 Section 30(1)
Conversion — conversion into or exchange for, or the exercise of rights conferred by the securities to acquire, other securities Schedule 11, paragraph 17(3)
Convertible securities — securities of a specified kind which can be converted into, or exchanged for, or which confer rights to acquire, other securities Schedule 11, paragraph 17(2)
core provision — a provision of this Act mentioned in section 317 Section 316(3)
corresponding activity — an activity corresponding to an approved activity, and references (however expressed) to an activity corresponding to an approved activity, or an approved activity corresponding to another activity, are to be interpreted in accordance with regulations under paragraph 6 Schedule 2A, Part 1, paragraph 3(2)
corresponding section 165A power — a power corresponding to the one conferred by section 165A, but reading references in that section to the stability of the UK financial system as references to the stability of the financial system operating in the country or territory of the overseas regulator Section 169A(3)
Cost benefit analysis — — an analysis of the costs together with an analysis of the benefits that will arise— if the proposed rules are made, or if subsection (5) applies, from the rules that have been made, and subject to subsection (8), an estimate of those costs and of those benefits Section 138I(7)
Cost benefit analysis — — an analysis of the costs together with an analysis of the benefits that will arise— if the proposed rules are made, or if subsection (5) applies, from the rules that have been made, and subject to subsection (8), an estimate of those costs and of those benefits Section 138J(7)
Cost benefit analysis — — an analysis of the costs together with an analysis of the benefits that will arise— if the proposed direction is given, or if subsection (5)(b) applies, from the direction that has been given, and subject to subsection (10A), an estimate of those costs and of those benefits Section 319(10)
Court — — the High Court; or in Scotland, the Court of Session Section 107(4)
court — — the High Court; in Scotland, the Court of Session; “officer”, in relation to a limited liability partnership, means a member of the partnership Section 122F(6)
court — — the High Court; in Scotland, the Court of Session Section 177(7)
Court — — the High Court; in Scotland, the Court of Session Section 221(3)
Court — — the High Court; in Scotland, the Court of Session Section 232(3)
court — — the court having jurisdiction for the purposes of the 1985 Act or the 1986 Act; or in Northern Ireland, the High Court. “creditors’ decision procedure” has the meaning given by section 379ZA(11) of the 1986 Act Section 355(1)
Credit institution — a credit institution as defined in Article 1(1)(a) of the banking consolidation directive Schedule 11, paragraph 20(4)
credit institution — an undertaking the business of which is to take deposits or other repayable funds from the public and to grant credits for its own account; “CRR rules” has the meaning given in section 144A Section 417(1)
Credit union — a credit union within the meaning of— the Credit Unions Act 1979; the Credit Unions (Northern Ireland) Order 1985 Section 106(7)
credit union — a credit union within the meaning of— the Credit Unions Act 1979; or article 2 of the Credit Unions (Northern Ireland) Order 1985 Section 215(2B)
credit union — a credit union as defined by section 31 of the Credit Unions Act 1979 or a credit union as defined by Article 2(2) of the Credit Unions (Northern Ireland) Order 1985 Section 339C(4)
credit-related regulated activity — a regulated activity of a kind designated by the Treasury by order Section 23(1B)
critical third party — a person designated under subsection (1) Section 312L(8)
CRR rules — rules of a type described in subsection (2) to the extent that they make provision about a matter described in subsection (3) Section 144A(1)
cryptoasset — any cryptographically secured digital representation of value or contractual rights that— can be transferred, stored or traded electronically, and that uses technology supporting the recording or storage of data (which may include distributed ledger technology) Section 417(1)
CSD recognition order — a recognition order made under section 290(1)(d); .. Section 313(1)
Current account — an account by means of which one or more named persons are able to— place cash, withdraw cash, and execute and receive payment transactions to and from third parties, including the execution of credit transfers Section 131O(2)
customer — a person to whom a supplier sells goods or supplies services or agrees to do so; ... “green deal plan” has the meaning given by section 1 of the Energy Act 2011; “hire-purchase agreement” has the meaning given by the Regulated Activities Order Schedule 6, Part 1B, paragraph 2G(6)
Debt instrument — — a bond, any other instrument creating or acknowledging a debt, or an instrument giving rights to acquire a debt instrument Section 142Y(3)
Debt securities — bonds or other forms of transferable securitised debts, with the exception of— transferable securities which are equivalent to shares, and transferable securities which, if converted or if the rights conferred by them are exercised, give rise to a right to acquire— shares, or transferable securities equivalent to shares Section 102A(3A)
Default rules — rules of an investment exchange , clearing house or central securities depository which provide for the taking of action in the event of a person’s appearing to be unable, or likely to become unable, to meet his obligations in respect of one or more market contracts connected with the exchange , clearing house or central securities depository Section 286(3)
deference decision — a decision of the Treasury that the law and practice of another country or territory is, so far as relating to financial services and markets, equivalent to the law and practice of the United Kingdom (either generally or as it relates to a particular matter); a deference decision is a “notified deference decision” if the Treasury have, by notice in writing, informed the regulator that it is relevant for the purposes of this section; a relevant action is “incompatible” with a notified deference decision if the action would result in the law and practice of the United Kingdom ceasing to be equivalent to the law and practice of the other country or territory to which the deference decision relates Section 409A(5)
dependent child — a child who— is under the age of 18 years; is unmarried; and does not have a civil partner Section 131AC(2)
derivative — a derivative referred to in paragraphs 4 to 10 of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) Section 313D(1)
designated — designated by the rules Section 89B(7)
designated — designated by the rules Section 89D(4)
Designated consumer body — a body designated by the Treasury by order Section 234C(2)
Designated date — such date as the Treasury may by order designate Schedule 21, paragraph 1(5)
Designated date — such date as the Treasury may by order designate Schedule 21, paragraph 2(4)
designated investment firm — an investment firm which is for the time being designated by the PRA under article 3 of the Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013 Section 192O(1)
Designated senior management function — a function of a description specified in rules made by the appropriate regulator Section 309G(3)
devolved authorities — — the Scottish Ministers, the Welsh Ministers, and the Department for Communities in Northern Ireland; “electronic money issuer” and “payment service provider” have the same meanings as in section 137SA Section 137SB(11)
direct payment arrangements — direct payment arrangements within the meaning of section 111A of the Pension Schemes Act 1993 or section 107A of the Pension Schemes (Northern Ireland) Act 1993 Section 117A(6)
Direction — a direction under this section Section 138A(8)
Direction — a direction under section 138A Section 138B(6)
Directive 2013/36/EU UK law — the law of the United Kingdom which was relied on immediately before 1 January 2022 to implement the capital requirements directive and its implementing measures as it has effect— on IP completion day, in the case of rules made by the FCA or the PRA under this Act, and as amended from time to time, in all other cases; “EU tertiary legislation” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018; “governance arrangements” includes organisational structure, lines of responsibility and internal control mechanisms; “integrity”, in relation to the UK financial system, has the meaning given in section 1D; “investment firm” has the meaning given in Article 4(1)(2) of the capital requirements regulation Section 143B(1)
Directive 2013/36/EU UK law — the law of the United Kingdom which was relied on immediately before 1 January 2022 to implement the capital requirements directive and its implementing measures as it has effect— on IP completion day, in the case of rules made by the PRA or the FCA under this Act, and as amended from time to time, in all other cases Section 144H(3)
Directive 2013/36/EU UK law — — ... before IP completion day, the law of the United Kingdom which is relied on by the United Kingdom to implement the capital requirements directive and its implementing measures (“the relevant EU provisions”); and after IP completion day, the law of the United Kingdom which was relied on immediately before that date to implement the relevant EU provisions as it has effect— on 1 January 2022, in the case of rules made by the FCA or by the PRA under this Act, and as amended from time to time, in all other cases, “EU tertiary legislation” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018; “financial holding company” has the meaning given in Article 4(1)(20) of the capital requirements regulation; “financial institution” has the meaning given in Article 4(1)(26) of the capital requirements regulation Section 192O(1)
Disciplinary proceedings — proceedings under the rules of an investment exchange , clearing house or central securities depository in relation to a contravention of Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation by a person subject to the rules Section 300(4)
Discontinuance — a discontinuance of listing under section 77(1) Section 78(13)
Discontinuance — a discontinuance of listing under section 77(1) Section 78A(10)
domestic premises supplier — a supplier who— to customers who are individuals while the supplier, or the supplier’s representative, is physically present at the dwelling of the individual (but see sub-paragraph (3B)). sells, offers to sell or agrees to sell goods, or offers to supply services or contracts to supply services Schedule 6, Part 1B, paragraph 2G(3A)
EEA firm — any of the following if it does not have its relevant office in the United Kingdom— an investment firm (as defined in Article 4.1.1 of the markets in financial instruments directive) which is authorised (within the meaning of Article 5) by its home state regulator; a credit institution (as defined in Article 4(1)(1) of the capital requirements regulation) which is authorised (within the meaning of Article 8 of the capital requirements directive) by its home state regulator; a financial institution (as defined in Article 4(1)(26) of the capital requirements regulation) which is a subsidiary of the kind mentioned in Article 34 of the capital requirements directive and which fulfils the conditions of that Article; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an insurance intermediary (as defined in Article 2.1(3) of the insurance distribution directive), an ancillary insurance intermediary (as defined in Article 2.1(4) of that directive) or a reinsurance intermediary (as defined in Article 2.1(5) of that directive), which is registered with its home state regulator under Article 3 of that directive; a… Schedule 3, Part I, paragraph 5
EEA right — the entitlement of a person to establish a branch, or provide services, in an EEA State other than that in which he has his relevant office— in accordance with the Treaty as applied in the EEA; and subject to the conditions of the relevant single market directive or, as the case may be, the emission allowance auctioning regulation Schedule 3, Part I, paragraph 7
EEA UCITS — a UCITS which is authorised pursuant to Article 5 of the UCITS directive in an EEA State; .. Section 237(3)
electronic money issuer — a person who is an electronic money issuer for the purposes of the Electronic Money Regulations 2011 (S.I. 2011/99) as a result of falling within any of paragraphs (a) to (e) and (h) to (j) of the definition in regulation 2(1) Section 137SA(11)
electronic money issuer — a person who is an electronic money issuer as defined in regulation 2(1) of the Electronic Money Regulations 2011 other than a person falling within paragraph (f), (g) or (j) of the definition; “engage in claims management activity” has the meaning given in section 21; “engage in investment activity” has the meaning given in section 21; “financial instrument” has the meaning given in section 102A(4); “payment services” has the same meaning as in the Payment Services Regulations 2017 Section 1H(8)
Eligible practitioners — authorised persons of a description specified in a statement maintained by the FCA Section 1O(2)
emission allowance — emission allowance as described in paragraph 11 of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Section 131AB(1)
Engaging in claims management activity — entering into or offering to enter into an agreement the making or performance of which by either party constitutes a controlled claims management activity Section 21(10A)
Engaging in investment activity — — entering or offering to enter into an agreement the making or performance of which by either party constitutes a controlled activity; or exercising any rights conferred by a controlled investment to acquire, dispose of, underwrite or convert a controlled investment Section 21(8)
Entity — an entity which— is, or has been, an authorised person; or is carrying on, or has carried on, a regulated activity in contravention of the general prohibition Section 374(6)
equivalence decision — a decision as to whether the law and practice of one country or territory is equivalent to the law and practice of another country or territory, either generally or as it relates to a particular matter; “territory” includes the European Union and any other international organisation or authority comprising countries or territories Section 143G(5)
equivalence decision — a decision as to whether the law and practice of one country or territory is equivalent to the law and practice of another country or territory, either generally or as it relates to a particular matter; “territory” includes the European Union and any other international organisation or authority comprising countries or territories Section 144C(5)
ESMA — the European Securities and Markets Authority established by Regulation ( EU ) No. 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) Section 417(1)
Essential information — information which a person considering acquiring securities of the kind in question would be likely to need in order not to be misled about any facts which it is essential for him to know in order to make an informed assessment Section 82(6)
Establishment — in relation to a person, his head office or a branch of his Section 105(9)
Euro-securities — investments which— are to be underwritten and distributed by a syndicate at least two of the members of which have their registered offices in different countries or territories; are to be offered on a significant scale in one or more countries or territories, other than the country or territory in which the issuer has its registered office; and may be acquired pursuant to the offer only through a credit institution or other financial institution Schedule 11, paragraph 20(3)
Excluded material — material which— is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 56 of the Investigatory Powers Act 2016; or is a protected item (as defined in section 413) Section 394(7)
exempt regulated activities — regulated activities which may, as a result of this Part, be carried on by members of a profession which is supervised and regulated by a designated professional body without breaching the general prohibition; and “members”, in relation to a profession, means persons who are entitled to practise the profession in question and, in practising it, are subject to the rules of the body designated in relation to that profession, whether or not they are members of that body Section 325(2)
existing group member — a person who is a member of the ring-fenced body's group at the time when the requirement is imposed or the direction given Section 142R(4)
FCA investment firm — an investment firm that— is an authorised person within the meaning of section 31(1)(a), is not for the time being designated by the PRA under article 3 of the Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013 (S.I. 2013/556), and has its registered office or, if it has no registered office, its head office in the United Kingdom Section 143A(1)
FCA-authorised person — an authorised person who is not a PRA-authorised person Section 345(4)
FCA-authorised person — an authorised person who is not a PRA-authorised person Section 55JA(2)
FCA-regulated person — — an authorised person, or any person who is otherwise subject to rules made by the FCA Section 139A(9)
feeder UCITS — — a UK UCITS which has been approved by the FCA to invest 85% or more of the total property which is subject to the collective investment scheme constituted by the UK UCITS in units of— another UK UCITS, a sub-fund of another UK UCITS, an EEA UCITS, or a sub-fund of an EEA UCITS, or a sub-fund of a UK UCITS which has been approved by the FCA to invest 85% or more of the sub-fund's separate pool of the property of the UK UCITS in units of— another UK UCITS, another sub-fund of a UK UCITS, an EEA UCITS, or a sub-fund of an EEA UCITS; “master UCITS”, in relation to a feeder UCITS, means (as the case may be)— the other UK UCITS mentioned in paragraph (a)(i) or (b)(i) of the definition of “feeder UCITS”, the EEA UCITS mentioned in paragraph (a)(iii) or (b)(iii) of that definition, or the sub-fund mentioned in paragraph (a)(ii) or (iv) or (b)(ii) or (iv) of that definition Section 237(3)
Financial contract — — a contract for the provision of financial services consisting of— lending (including the factoring and financing of commercial transactions), financial leasing, or providing guarantees or commitments; a securities contract, including— a contract for the purchase, sale or loan of a security or group or index of securities; an option on a security or group or index of securities; a repurchase or reverse repurchase transaction on any such security, group or index; a commodities contract, including— a contract for the purchase, sale or loan of a commodity or group or index of commodities for future delivery; an option on a commodity or group or index of commodities; a repurchase or reverse repurchase transaction on any such commodity, group or index; a futures or forwards contract, including a contract (other than a commodities contract) for the purchase, sale or transfer of a commodity or property of any other description, service, right or interest for a specified price at a future date; a swap agreement, including— a swap or option relating to interest rates, spot or other foreign exchange agreements, currency, an equity index or equity, a debt index or debt, commodity indexes or… Schedule 19C, Part 3, paragraph 6(2)
financial guidance — information, guidance or advice provided in pursuance of the Money and Pensions Service’s pensions guidance, debt advice or money guidance function (see section 3 of the Financial Guidance and Claims Act 2018) Section 137FC(4)
Financial institution — a financial institution as defined in Article 1 of the banking consolidation directive Schedule 11, paragraph 20(5)
financial institution — a bank, building society or investment firm (within the meanings of Part 1 of the Banking Act 2009) Section 214E(7)
Financial instrument — those instruments specified in Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Section 102A(4)
financial instrument — any instrument specified in Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order , read with Part 2 of that Schedule Section 131AB(1)
financial instrument — an instrument specified in Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Section 313D(1)
financial instruments — those instruments specified in Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Section 39(8)
financial promotion rules — rules made under section 137R Section 417(1)
Financial Stability Objective — the objective set out in section 2A of the Bank of England Act 1998 Section 417(1)
Firm — — a partnership; or an unincorporated association of persons Section 32(4)
FMI entity — — a recognised clearing house; a recognised CSD; a recognised investment exchange which is not an overseas investment exchange; a recognised payment system under section 184 of the Banking Act 2009; a person specified as a service provider in relation to a recognised payment system under section 206A of the Banking Act 2009 Section 312L(8)
former underwriting member — a person ceasing to be an underwriting member of the Society on, or at any time after, 24 December 1996; and “participation in Lloyd’s syndicates”, in relation to the secondary market activity, means the investment described in sub-paragraph (1) of paragraph 21 of Schedule 2 Section 324(1)
friendly society — an incorporated or registered friendly society; “full-scope UKAIFM” has the meaning given in regulation 2(1) of the Alternative Investment Fund Managers Regulations 2013; “general prohibition” has the meaning given in section 19(2); “general rules”— in relation to the FCA, has the meaning given in section 137A(2), and in relation to the PRA, has the meaning given in section 137G(2); “Gibraltar-based person” has the meaning given in paragraph 1 of Schedule 2A (read with Part 14 of that Schedule) Section 417(1)
General guidance — guidance given by the FCA under section 139A which is— given to persons generally, to FCA-regulated persons generally or to a class of FCA-regulated person, intended to have continuing effect, and given in writing or other legible form Section 139B(5)
General policy — a policy evidencing a contract which, if it had been effected by the transferee, would have constituted the carrying on of a regulated activity consisting of the effecting of contracts of general insurance Schedule 12, Part III, paragraph 10(8)
Gibraltar firm — a firm which has its head office in Gibraltar or is otherwise connected with Gibraltar Section 409(3)
Gibraltar insurance undertaking — an undertaking which— has its head office in Gibraltar; and is authorised by the Gibraltar Financial Services Commission to effect or carry out contracts of insurance (other than contracts of reinsurance) under paragraph 24 of Schedule 2 to the Financial Services Act 2019 of Gibraltar Schedule 6, Part 1D, paragraph 4A(8)
Gibraltar reinsurance undertaking — an undertaking which— has its head office in Gibraltar; and is authorised by the Gibraltar Financial Services Commission to effect or carry out contracts of insurance that are limited to reinsurance contracts under paragraph 24 of Schedule 2 to the Financial Services Act 2019 of Gibraltar Schedule 6, Part 1D, paragraph 4A(8)
Gibraltar-based person — a person listed in sub-paragraph (2) which has its head office and, if it has one, its registered office in Gibraltar (and see also Part 14 of this Schedule) Schedule 2A, Part 1, paragraph 1(1)
Gibraltar-related market access rights — rights conferred by virtue of subsection (1)(a) or (d), or the rights mentioned in subsection (1)(b) Section 409(10)
Government, local authority or public authority — — the government of the United Kingdom, of Northern Ireland, or of any country or territory outside the United Kingdom; a local authority in the United Kingdom or elsewhere; any international organisation the members of which include the United Kingdom ... Schedule 2, Part II, paragraph 13(2)
group financial support agreement — an agreement for the provision of financial support, by a member of the group of the parent undertaking, to an institution in the group which, at any time after the agreement is concluded, comes to need financial support Section 192JB(4)
group of mortgage creditors — a group of mortgage creditors that are to be consolidated for the purposes of drawing up consolidated accounts in accordance with— the requirements of Part 15 of the Companies Act 2006, if the parent undertaking (within the meaning of that Act) is a company, or if it is not, the legal requirements that apply to the drawing up of consolidated accounts for the parent undertaking Section 423A(4)
group risk — the risk that the financial position of a financial holding company or mixed financial holding company or of a member of its group may be adversely affected— by its relationships, whether financial or non-financial, with other members of the group, or by matters which affect the financial position of the group, or of a group which forms part of that group, taken as a whole (including, for example, reputational contagion) Section 192XA(9)
guidance — guidance issued, or any recommendation made, in writing or other legible form and intended to have continuing effect, by the recognised CSD to— with respect to any of the services or activities specified in its recognition order. all or any class of its members, or persons using or seeking to use its services Section 293(5A)
Holders of shares — the persons who at the close of business on a date— were holders of such shares. specified in the offer, and falling within the period of 60 days ending with the date on which the offer is first made Schedule 11, paragraph 14(2)
Home state regulator — the competent authority (within the meaning of the relevant single market directive or, as the case may be, the emission allowance auctioning regulation) of an EEA State (other than the United Kingdom) in relation to the EEA firm concerned Schedule 3, Part I, paragraph 9
Host state regulator — the competent authority (within the meaning of the relevant single market directive or, as the case may be, the emission allowance auctioning regulation) of an EEA State (other than the United Kingdom) in relation to a UK firm’s exercise of EEA rights there Schedule 3, Part I, paragraph 11
Illegal money lending — carrying on a regulated activity within article 60B of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) (regulated credit agreements) in circumstances which constitute an authorisation offence Section 333S(4)
Implementing provision — an enactment that immediately before IP completion day implemented provisions of any of the relevant directives Section 3M(2A)
incorporated friendly society — a society incorporated under the Friendly Societies Act 1992; ... .. Section 417(1)
Independent — appearing to the Treasury to be independent of the FCA Section 1S(7)
Individual — an individual— who is, or has been, an authorised person; or who is carrying on, or has carried on, a regulated activity in contravention of the general prohibition Section 372(7)
Individual — an individual who— is, or has been, an authorised person; or is carrying on, or has carried on, a regulated activity in contravention of the general prohibition Section 374(5)
Information requirement — a requirement imposed by an investigator under section 171, 172, 173 or 175 Section 174(5)
Information requirement — a requirement imposed— by a regulator under section ... 165 , 165A, 169A or 175; ... by the FCA under regulation 26, 28 or 33 of the Public Offers and Admissions to Trading Regulations 2024; or by the FCA by virtue of regulation 21 of the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026; or by an investigator under section 171, 172, 173 or 175 Section 176(11)
institution — — a credit institution, other than an entity mentioned in Article 2.5 of the capital requirements directive; or a designated investment firm as defined in Article 4(1)(2AA) of the capital requirements regulation Section 137J(6)
institution — a credit institution or an investment firm; “investment firm” has the meaning given in Article 4(1)(2) of the capital requirements regulation; “mixed financial holding company” has the meaning given in Article 4(1)(21) of the capital requirements regulation Section 192O(1)
institution — — ... a recognised investment exchange, other than an overseas investment exchange (within the meaning of Part 18); an investment firm; a qualifying credit institution that has Part 4A permission to carry on the regulated activity of accepting deposits, when carrying out investment services or activities; or a qualifying credit institution other than one that has Part 4A permission to carry on the regulated activity of accepting deposits; “issuer”, in relation to a financial instrument, means the person who issued the instrument Section 313D(1)
institution — a credit institution or an investment firm as defined in article 2(1) of the Bank Recovery and Resolution (No. 2) Order 2014; “financial holding company” and “mixed financial holding company” have the meanings given in Article 4.1(20) and 4.1(21) of the capital requirements regulation Section 71I(4)
institution authorised in the UK — an authorised person who is— a bank within the meaning given by section 2 of the Banking Act 2009; a building society within the meaning given in section 119 of the Building Societies Act 1986; or an investment firm within the meaning given by section 258A of the Banking Act 2009 Section 137J(6)
Insurance distribution activity — any of the following activities— dealing in rights under a contract of insurance as agent; arranging deals in rights under a contract of insurance; assisting in the administration and performance of a contract of insurance; advising on buying or selling rights under a contract of insurance; agreeing to do any of the activities specified in paragraphs (a) to (d) Schedule 6, Part 1B, paragraph 2B(5)
insurance market activity — a regulated activity relating to contracts of insurance written at Lloyd’s Section 316(3)
insurance undertaking — — an undertaking which is authorised by or under this Act to carry on the regulated activity of effecting or carrying out contracts of insurance as principal, or the association of underwriters known as Lloyd’s Section 417(1)
insurer — a relevant person who has permission to carry out contracts of insurance Section 217ZA(7)
insurer — an institution which is authorised under this Act to carry on the regulated activity of effecting or carrying out contracts of insurance as principal Section 339C(4)
internal change — a unilateral change that results in a description of pension pot held by the scheme being held— subject to a different arrangement under the same scheme, or subject to a particular arrangement under a different pension scheme operated by the same provider (including where there is only one arrangement under that scheme) Section 117D(5)
international trade obligation — an obligation of the United Kingdom that relates to financial services or markets under— a free trade agreement, as defined by section 5(1) of the Trade Act 2021, or the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 Section 409B(12)
Investigating authority — — in relation to a recognised investment exchange, the Secretary of State or the FCA; in relation to an authorised person or former authorised person, the FCA or the PRA; in relation to an appointed representative or former appointed representative, the FCA or the PRA. in relation to a person who is, or has at any time been, a person described in subsection (1A)(c) , (d) or (e) who is not an authorised person, the FCA Section 167(5A)
Investigating authority — the FCA or the Secretary of State Section 284(11)
Investigative power — one of the powers mentioned in subsection (1) Section 169(14)
Investigator — a person appointed under subsection (1)(b) Section 169(15)
Investigator — a person conducting an investigation under section 167 Section 171(5)
Investigator — a person appointed as a result of subsection (1) , (4) or (4B) of section 168 Section 172(4)
Investigator — a person appointed under subsection (3) of section 168 (as a result of subsection (2) of that section) Section 173(5)
Investigator — a person appointed under section 167 or 168(3) or (5) , or a person appointed under section 169 who has the powers conferred by virtue of subsection (2A) of that section Section 174(4)
Investigator — a person appointed under section 167 or 168(3) or (5) Section 175(8)
Investigator — a person appointed under section 167 or 168(3) or (5) Section 176(10)
investigator appointed by the FCA — an investigator appointed by the FCA under section 167, 168 or 169 Section 177(7)
investment services — any of the services and activities listed in Part 3 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, relating to any of the instruments listed in Part 1 of that Schedule; “structured deposit” has the meaning given by Article 2.1.23 of the markets in financial instruments regulation Section 39(8)
investment services and activities — any of the services and activities listed in Part 3 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544), relating to any of the instruments listed in Part 1 of that Schedule; .. Section 417(1)
issuer — — an issuer defined by Article 3.1(21) of the market abuse regulation, or a “relevant person” as defined by regulation 17(4) of the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026; and “recognised auction platform” has the meaning given in regulation 1(3) of the Recognised Auction Platform Regulations 2011 (S.I. 2011/2699); .. Section 131AB(1)
large investor — a person who, in exchange for units in the scheme, makes a payment of, or contributes property with a value of, not less than £1,000 Section 261E(4)
lay panel — the panel established under paragraph 3(4) Schedule 13, Part I, paragraph 1
legislation — primary legislation, subordinate legislation (within the meaning of the Interpretation Act 1978) and assimilated direct legislation, but does not include rules or other instruments made by any regulator; “modify” includes amend, repeal or revoke Section 309H(4)
legislation — primary legislation, subordinate legislation (within the meaning of the Interpretation Act 1978) and assimilated direct legislation, but does not include rules or other instruments made by any regulator; “modify” includes amend, repeal or revoke Section 309Z8(5)
listed securities — anything which has been admitted to the official list; “listing” has the meaning given in section 74(5); “listing particulars” has the meaning given in section 79(2); “listing rules” has the meaning given in section 73A Section 103
listing — being included in the official list in accordance with this Part Section 74(5)
Listing particulars — a document in such form and containing such information as may be specified in listing rules Section 79(2)
local authority — — in England and Wales, a local authority within the meaning of the Local Government Act 1972, the Greater London Authority, the Common Council of the City of London or the Council of the Isles of Scilly; in Scotland, a local authority within the meaning of the Local Government (Scotland) Act 1973; and in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 Schedule 6, Part 1B, paragraph 2G(6)
Long-term policy — a policy evidencing a contract which, if it had been effected by the transferee, would have constituted the carrying on of a regulated activity consisting of the effecting of contracts of long-term insurance Schedule 12, Part III, paragraph 10(9)
management body — the board of directors or, if there is no such board, the equivalent body responsible for the management of the undertaking concerned Section 143W(10)
management body — the board of directors, or if there is no such board, the equivalent body responsible for the management of the undertaking concerned Section 192K(7)
management company — an undertaking, as defined in section 1161 of the Companies Act 2006, whose regular business is the management of UK UCITS; “the operator”— in relation to a unit trust scheme with a separate trustee, means the manager; in relation to a co-ownership scheme, means the operator appointed under the terms of the contractual scheme deed; in relation to a partnership scheme, means the general partner; ... in relation to an open-ended investment company, means that company; ... , and in relation to a recognised scheme, means the legal entity with overall responsibility for the management and performance of the functions of the scheme. .. Section 237(2)
Management expenses — expenses incurred, or expected to be incurred, by the scheme manager in connection with its functions under this Act other than those incurred— in paying compensation; as a result of any provision of the scheme made by virtue of section 215A(3) or (4), 216(3) or (4) or 217(1) or (6); under section 214B or 214D; under section 214E; under Part 15A Section 223(3)
manager — an employee who— under the immediate authority of his employer is responsible, either alone or jointly with one or more other persons, for the conduct of his employer’s business; or under the immediate authority of his employer or of a person who is a manager by virtue of paragraph (a) exercises managerial functions or is responsible for maintaining accounts or other records of his employer Section 423(1)
Margin of solvency — the excess of the value of the assets of the transferee over the amount of its liabilities Schedule 12, Part I, paragraph 2(5)
market abuse — a contravention of Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or 15 (prohibition of market manipulation) of the market abuse regulation; .. Section 313D(1)
market abuse regulation — Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC, as it forms part of assimilated law Section 417(1)
Market contract — — a contract to which Part VII of the Companies Act 1989 applies as a result of section 155 of that Act or a contract to which Part V of the Companies (No. 2)(Northern Ireland) Order 1990 applies as a result of Article 80 of that Order; and such other kind of contract as may be prescribed Section 286(4)
market operator — a person who manages or operates the business of a regulated market; .. Section 103
markets in financial instruments regulation — Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2004 on markets in financial instruments, as it forms part of assimilated law; ... “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 Section 417(1)
member of the senior management — a person who— exercises executive functions within a qualifying parent undertaking, and is responsible, and directly accountable to the management body, for the day to day management of that qualifying parent undertaking Section 192K(7)
MMF Regulation — Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds , as it forms part of assimilated law; ... ... ... ... “the ombudsman scheme” has the meaning given in section 225(3); “open-ended investment company” has the meaning given in section 236; “Part 4A permission” has the meaning given in section 55A(5); “Part 9C prohibition order” has the meaning given in section 143S; “Part 9C rules” has the meaning given in section 143F; “Part 18 prohibition order” has the meaning given in section 309B; “partnership” includes a partnership constituted under the law of a country or territory outside the United Kingdom Section 417(1)
money purchase benefits — money purchase benefits within the meaning of the Pension Schemes Act 1993 (see section 181(1) of that Act) or the Pension Schemes (Northern Ireland) Act 1993 (see section 176(1) of that Act); “pension pot” has the meaning given by subsection (3); “pension scheme” has the meaning given by section 1(5) of the Pension Schemes Act 1993 Section 117I(1)
mortgage agreement — an agreement to which subsection (2) applies, but to which subsection (3) does not apply, under which a mortgage creditor grants or promises to grant, to a consumer, a credit in the form of a deferred payment, loan or other similar financial accommodation Section 423A(1)
mortgage creditor — a person who grants or promises to grant— credit in the form of a deferred payment, loan or other similar financial accommodation; in the course of the person's trade, business or profession, and under an agreement to which subsection (2) applies but to which subsection (3) does not apply Section 423A(1)
mortgage intermediary — a person who, in the course of the person's trade, business or profession, and acting neither as a mortgage creditor or notary nor in an introductory capacity, does any of the following for any agreed form of financial consideration— presenting or offering mortgage agreements to consumers; assisting consumers by undertaking preparatory work or other pre-contractual administration in respect of mortgage agreements (otherwise than as referred to in paragraph (a)); concluding mortgage agreements with consumers on behalf of mortgage creditors Section 423A(1)
multilateral trading facility — a UK multilateral trading facility as defined by Article 2(1)(14A) of the markets in financial instruments regulation Section 313(1)
Necessary margin of solvency — the margin of solvency required in relation to the transferee, taking the proposed transfer into account, under the law which it is the responsibility of the relevant authority to apply Schedule 12, Part I, paragraph 2(4)
Necessary margin of solvency — the margin of solvency which the transferee, taking the proposed transfer into account, is required by the FCA or the PRA to maintain Schedule 12, Part III, paragraph 10(6)
non-authorised parent undertaking — a parent undertaking that— is incorporated in the United Kingdom or has its principal place of business in the United Kingdom, and is not an authorised person Section 143B(1)
non-disclosure of inside information — a failure to disclose inside information, as defined by Article 7 (inside information) of the market abuse regulation, in contravention of Article 17 (public disclosure of inside information) of that Regulation; “regulated information” has the meaning given in Article 2(1)(k) of the transparency obligations directive (as defined in section 103 of this Act) Section 313D(1)
Non-equity transferable securities — all transferable securities that are not equity securities; and for this purpose the following are “equity securities”— shares, other transferable securities which are equivalent to shares, and transferable securities which— are within neither of paragraphs (a) and (b), give the right to acquire securities within paragraph (a) or (b) if converted or if the rights conferred by them are exercised, and are issued by the issuer of the underlying shares or by an entity belonging to the group of that issuer Section 102A(5)
not-for-profit body — a body which, by virtue of its constitution or any enactment— is required (after payment of outgoings) to apply the whole of its income and any capital it expends for charitable or public purposes, and is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes) Schedule 6, Part 1B, paragraph 2G(6)
Notice — a notice in writing Section 224B(7)
Notice of discontinuance — a notice given under section 389 Section 391(9)
Notified person — a person to whom a decision notice under section 142N(6) was given or ought to have been given Section 142O(2)
notified person — a person to whom notice under subsection (1) is given Section 192E(2)
notified person — a person to whom notice under subsection (1) is given Section 192U(2)
Notified person — a person to whom notice under section 192U(1) has been given, or ought to have been given Section 192X(2)
offence — — an offence under this Act, an offence under subordinate legislation made under this Act, or an offence under Part 7 of the Financial Services Act 2012 (offences relating to financial services) Section 401(1)
Offence — an offence under this Act or an offence under Part 7 of the Financial Services Act 2012 (offences relating to financial services) Section 403(7)
Officer — an officer of the regulator exercising the power and includes a member of that regulator's staff or an agent of that regulator Section 165(9)
officer of the FCA — an officer authorised by the FCA for the purposes of section 165(3) Section 177(7)
Official — — the liquidator; a special manager appointed under subsection (5); or the PRA Section 376(11)
ombudsman — a person who is a member of the panel Schedule 17, Part I, paragraph 1
on a consolidated basis — as if all members of an FCA investment firm's group are a single FCA investment firm Section 143B(1)
on a consolidated basis — on the basis of the consolidated situation Section 192O(1)
on a sub-consolidated basis — — on the basis of the consolidated situation of a parent institution, financial holding company or mixed financial holding company, excluding a sub-group of entities, or on the basis of the consolidated situation of a parent institution, financial holding company or mixed financial holding company that is not the ultimate parent institution, financial holding company or mixed financial holding company Section 192O(1)
organised trading facility — a UK organised trading facility as defined by Article 2(1)(15A) of the markets in financial instruments regulation; .. Section 313(1)
Other relevant information — other information which would or may assist in making comparisons between those costs or charges and costs or charges in relation to other schemes Section 137FA(5)
outside person — a person who, after the implementation of the disposal or scheme in question, will not be a member of the group of the ring-fenced body by reference to which the powers are exercised (whether or not that body is to remain a ring-fenced body after the implementation of the disposal or scheme in question) Section 142L(7)
overseas applicant — a body corporate or association which has neither its head office nor its registered office in the United Kingdom and which has applied for a recognition order Section 313(1)
overseas clearing house — a body corporate or association which is not a central counterparty and has neither its head office nor its registered office in the United Kingdom and in relation to which a recognition order is in force Section 313(1)
overseas insurance undertaking — a person who— is established in a country or territory other than— the United Kingdom, or Gibraltar; is not an authorised person; is not an authorised person for the purposes of the Financial Services Act 2019 of Gibraltar; and effects or carries out contracts of insurance as principal Schedule 6, Part 1D, paragraph 4A(8)
overseas investment exchange — a body corporate or association which has neither its head office nor its registered office in the United Kingdom and in relation to which a recognition order is in force Section 313(1)
overseas regulator — — the competent authority of an EEA State for the purposes of the market abuse regulation, as that regulation has effect in the European Union (the “EU version of the market abuse regulation”); or an authority of any other country or territory outside the United Kingdom which exercises functions corresponding to those of a competent authority under the EU version of the market abuse regulation Section 122B(6A)
overseas regulator — an authority in a country or territory outside the United Kingdom which exercises functions with respect to the stability of the financial system operating in that country or territory Section 169A(2)
overseas regulator — a regulator outside the United Kingdom; “own-initiative powers”, in relation to the FCA or the PRA, means its own-initiative variation power and its own-initiative requirement power Section 55Q(9)
overseas reinsurance undertaking — a person who— is established in a country or territory other than— the United Kingdom, or Gibraltar; is not an authorised person; is not an authorised person for the purposes of the Financial Services Act 2019 of Gibraltar; and effects or carries out contracts of insurance that are limited to reinsurance contracts as principal Schedule 6, Part 1D, paragraph 4A(8)
panel of chairmen — the panel established under paragraph 3(1) Schedule 13, Part I, paragraph 1
parent institution — an institution which is a parent undertaking; “parent undertaking” has the meaning given in section 420; .. Section 192O(1)
parent mixed financial holding company — a financial holding company or a mixed financial holding company which— is a UK parent financial holding company or a UK parent mixed financial holding company, within the meaning given in Article 4(1)(30) and 4(1)(32) respectively of the capital requirements regulation; or is required, whether by the PRA by direction under section 192C or otherwise, to comply with the capital requirements regulation , CRR rules and Directive 2013/36/EU UK law on a sub-consolidated basis Section 192O(2)
parent undertaking — an institution, financial holding company or mixed financial holding company which— is incorporated in, or formed under the law of, any part of the United Kingdom, is a UK parent, and either— has a subsidiary which is an institution, or holds a participation (within the meaning given by Article 4.1(35) of the capital requirements regulation) in an institution Section 71I(2)
Part 18 approved person — a person in relation to whom the FCA has given its approval under section 309G Section 347(8ZA)
Part 9C rules — rules made, or to be made, by the FCA— in the performance of its duties under section 143C or 143D, or in exercise of the powers conferred by, or described in, section 143E Section 143F(1)
participants — participants in the United Kingdom Section 271B(3)
participating interest — an interest held by an undertaking in the shares of another undertaking which it holds on a long-term basis for the purpose of securing a contribution to its activities by the exercise of control or influence arising from or related to that interest Section 421A(1)
partnership scheme — a collective investment scheme which satisfies the conditions in subsection (6) Section 235A(5)
Payment institution — — an authorised payment institution or small payment institution within the meaning of the Payment Services Regulations 2017, or a person whose head office, registered office or place of residence, as the case may be, is outside the United Kingdom and whose functions correspond to those of an institution within paragraph (a) Section 379A(2)
Payment or securities settlement system — arrangements between a number of participants for or in connection with the clearing or execution of instructions by participants relating to any of the following— the placing of money at the disposal of a recipient; the assumption or discharge of a payment obligation; the transfer of the title to, or an interest in, securities Section 379A(3)
payment service provider — a person who is a payment service provider for the purposes of the Payment Services Regulations 2017 (S.I. 2017/752) as a result of falling within any of paragraphs (a) to (h) of the definition in regulation 2(1) Section 137SA(11)
payment service provider — a person who is a payment service provider as defined in regulation 2(1) of the Payment Services Regulations 2017 other than a person falling within paragraph (i) or (j) of the definition; “primary information provider” has the meaning given in section 89P(2) Section 1H(8)
payment service provider — a person who is a payment service provider for the purposes of those regulations as a result of falling within any of paragraphs (a) to (g) of the definition in regulation 2(1); “relevant ancillary services” has the meaning given by section 138(1C) Section 404E(6)
payment transaction — an act initiated by the payer or payee, or on behalf of the payer, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and payee Section 131O(3)
Pension liabilities — liabilities attributable to or associated with the provision under a relevant pension scheme of pensions or other benefits Section 142X(7)
Pension pot — sums or assets held for the purpose of providing money purchase benefits to or in respect of a member of a pension scheme; and— a reference to the pension scheme that holds a pension pot is to that pension scheme; a reference to the individual for whom a pension pot is held is to that member Section 117I(3)
pensions dashboard service — — a pensions dashboard service within the meaning of section 238A of the Pensions Act 2004, or a pensions dashboard service within the meaning of Article 215A of the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)); “personal data” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act) Section 137FAC(5)
pensions guidance — information or guidance provided by any person in pursuance of the requirements mentioned in section 4 of the Financial Guidance and Claims Act 2018 (information etc about flexible benefits under pension schemes) Section 137FB(4)
pensions information — in relation to a personal or stakeholder pension scheme, information of a description specified in rules made by virtue of subsection (1), which may include in particular— information relating to— the constitution of the scheme, the administration and finances of the scheme, the rights and obligations that arise or may arise under the scheme, the pensions and other benefits an entitlement to which would be likely to accrue to a member, or be capable of being secured by a member, in respect of the rights that may arise under the scheme, and other matters relevant to personal or stakeholder pension schemes in general or to personal or stakeholder pension schemes of a description to which the scheme belongs; information as regards the position of an individual in relation to the scheme Section 137FAA(2)
permanent prohibition — a permanent prohibition on an individual holding an office or position involving responsibility for taking decisions about the management of an investment firm Section 129(7)
permission — any permission that the authorised person has, whether given (or treated as given) by the FCA or the PRA or conferred by any provision of this Act Section 123B(3)
permission — any permission that the authorised person has, whether given (or treated as given) by the FCA or the PRA or conferred by any provision of this Act; .. Section 206A(2)
personal pension scheme — a personal pension scheme within the meaning of the Pension Schemes Act 1993 (see section 1(1) of that Act) or the Pension Schemes (Northern Ireland) Act 1993 (see section 1(1) of that Act); “provider”— in relation to an FCA-regulated pension scheme, means the person referred to in subsection (2)(b); in relation to any other pension scheme, means the trustees or managers of the scheme; “terms” , in relation to a pension scheme, has the meaning given by section 117B(6); “transfer”, in relation to a pension pot, includes a transfer of an amount representing its value; “trustees or managers”, in relation to a pension scheme, means— in the case of a scheme established under a trust, the trustees of the scheme, and in any other case, the persons responsible for the management of the scheme; “unilateral change” has the meaning given by section 117B(7); “unilateral change notice” has the meaning given by section 117F(2) Section 117I(1)
personal pension scheme — a personal pension scheme within the meaning of an order under section 22 (except in section 137FAB(3)(c)) Section 137FAC(5)
plan holder — — a person who has a funeral plan contract with a relevant funeral plan provider, or a person whose funeral is to be provided or secured under a funeral plan contract with a relevant funeral plan provider Section 215A(2)
PRA-authorised investment firm — an investment firm which is a PRA-authorised person and carries on a regulated activity Section 127A(4)
PRA-authorised person — an authorised person who has permission— to carry on regulated activities that consist of or include one or more PRA-regulated activities (see section 22A). given under Part 4A, or resulting from any other provision of this Act Section 2B(5)
PRA-regulated person — a person who— is or has been a PRA-authorised person, is or has been an appointed representative whose principal (or one of whose principals) is, or was, a PRA-authorised person, or is carrying on or has carried on a PRA-regulated activity in contravention of the general prohibition. “qualifying decision procedure” has the meaning given by section 246ZE(11) of the 1986 Act Section 355(1)
price stabilising rules — rules made under section 137Q; “principal” in relation to an appointed representative, is to be read in accordance with section 39; “private company” has the same meaning as in the Companies Acts (see section 4 of the Companies Act 2006); “prohibition order” (except in the expression “Part 9C prohibition order” or “Part 18C prohibition order”) has the meaning given in section 56(2) Section 417(1)
Primary information provider — a person approved by the FCA for the purposes of this section Section 89P(2)
primary legislation — an Act, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation Section 284A(10)
professional investor — a person who falls within one of the categories (a) to (d) of paragraph 3 of Schedule 1 to the markets in financial instruments regulation Section 261E(4)
Professional services — services— which do not constitute carrying on a regulated activity, and the provision of which is supervised and regulated by a designated professional body Section 327(8)
prohibition order — — an order under section 56, an order under section 143S, or an order under the law of Gibraltar which the appropriate UK regulator considers to be equivalent to an order under section 56 or 143S, and “senior management function”, in relation to the carrying on of an activity by the Gibraltar-based person, means a function which requires a person to manage an aspect of the Gibraltar-based person's affairs which involves, or might involve, a risk of serious consequences— for the Gibraltar-based person, or for business or other interests in the United Kingdom, Gibraltar or elsewhere Schedule 2A, Part 3, paragraph 19(2)
protected contract — — an existing contract, or a contract specified or described in a direction by the appropriate UK regulator under paragraph 67(1) Schedule 2A, Part 10, paragraph 64(6)
protected contract — — an existing contract, or a contract specified or described in a direction by the appropriate UK regulator under paragraph 67(1) Schedule 2A, Part 10, paragraph 65(5)
protected contract — a contract specified or described in a direction by the appropriate UK regulator under paragraph 61; “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (see section 21 of that Act) Schedule 2A, Part 9, paragraph 60(9)
Protected items — — communications between a professional legal adviser and his client or any person representing his client which fall within subsection (3); communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection (3) (as a result of paragraph (b) of that subsection); items which— are enclosed with, or referred to in, such communications; fall within subsection (3); and are in the possession of a person entitled to possession of them Section 413(2)
Provision — a provision of, or made under, this Act Section 419(4)
Public authority — — the government of the United Kingdom; the government of any country or territory outside the United Kingdom; a local authority in the United Kingdom or elsewhere; any international organisation the members of which include the United Kingdom or another EEA State; and such other bodies, if any, as may be specified Schedule 11, paragraph 23(2)
Public authority — — the government of the United Kingdom; the government of any country or territory outside the United Kingdom; a local authority in the United Kingdom or elsewhere; any international organisation the members of which include the United Kingdom or another EEA State; and such other bodies, if any, as may be specified Schedule 11, paragraph 8(2)
public funds — the Consolidated Fund and any other account or source of money which cannot be drawn or spent other than by, or with the authority of, the Treasury Schedule 2A, Part 2, paragraph 7(2)
purpose of administration — — where the insurer is in, or is awaiting, administration under Part 2 of the 1986 Act (as modified, in relation to insurers, by the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2010 (S.I. 2010/3023)), an objective specified in paragraph 3 or 3A of Schedule B1 to the 1986 Act; where the insurer is in, or is awaiting, administration under Part 3 of the 1989 Order (as modified, in relation to insurers, by the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) (Northern Ireland) Order 2007 (S.I. 2007/846)), an objective specified in paragraph 4 of Schedule B1 to the 1989 Order Schedule 19C, Part 4, paragraph 10(5)
qualifying activity — a regulated activity which is of a prescribed kind and relates— to rights under a contract of the kind mentioned in paragraph 23 of Schedule 2, other than one under which the obligation of the borrower to repay is secured on land, or to rights under a contract of the kind mentioned in paragraph 23B of that Schedule Section 39(1E)
qualifying authorised person — an authorised person satisfying the following conditions Section 192A(1)
Qualifying body — a body which— is incorporated in the United Kingdom, is a member of the group of a UK authorised person, and is not itself an authorised person Section 106B(2)
qualifying credit institution — a credit institution which— is a person who— has Part 4A permission to carry on the regulated activity of accepting deposits, or satisfies the conditions for being given permission under Part 4A to carry on that activity, or is a body corporate incorporated in the United Kingdom and would satisfy those conditions— were its head office in the United Kingdom, or if it has a registered office, were its registered office, or its registered office and its head office, in the United Kingdom, is not a friendly society, and is not a society registered as a credit union under— the Co-operative and Community Benefit Societies Act 2014, the Credit Unions (Northern Ireland) Order 1985 (S.I. 1985/1205 (N.I. 12)), or the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)); “recognised CSD”, “recognised clearing house” and “recognised investment exchange” have the meaning given in section 285 Section 417(1)
qualifying function — a function relating to the carrying on of activities by the following— in the case of a Part 18 approved person, the relevant recognised body on whose application approval was given; in the case of a director or employee of a relevant recognised body, who is not a Part 18 approved person, the relevant recognised body Section 309Z1(4)
qualifying parent undertaking — — a qualifying parent undertaking within the meaning given by section 192B; ... .. Section 137N(5)
qualifying pensions dashboard service — a pensions dashboard service that satisfies— such requirements as may be prescribed by regulations under section 238A of the Pensions Act 2004, or such requirements as may be prescribed by regulations under Article 215A of the Section 137FAC(5)
Qualifying person — a person who— has become or agreed to become a participant in the scheme; or although not being a participant, has a beneficial interest in units in the scheme Section 248(6)
Qualifying person — a person appearing to the court to be someone— to whom the profits mentioned in subsection (1)(a) are attributable; or who has suffered the loss or adverse effect mentioned in subsection (1)(b) Section 382(8)
Qualifying person — a person appearing to the court to be someone— to whom the profits mentioned in paragraph (a) of subsection (2) are attributable; or who has suffered the loss or adverse effect mentioned in paragraph (b) of that subsection Section 383(10)
qualifying provision — a provision of any of the following— assimilated direct legislation; technical standards made in accordance with Chapter 2A of Part 9A; other subordinate legislation made under assimilated direct legislation; subordinate legislation ... made by virtue of regulations made under section 8 of the European Union (Withdrawal) Act 2018 Section 425C(1)
qualifying transparency legislation — — transparency rules, any EU regulation, originally made under the transparency obligations directive, that is assimilated direct legislation, regulations made by the Treasury under regulation 71 of the Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019 for a purpose specified in paragraphs 10 to 20 of Schedule 2 to those Regulations, or technical standards made by the FCA under regulation 72 of those Regulations for a purpose specified in paragraphs 31 to 35 of that Schedule Section 89K(5A)
Recognised — recognised by— a Minister of the Crown; the Scottish Ministers; a Northern Ireland Minister; a Northern Ireland department or its head Section 326(7)
recognised body — a recognised investment exchange , a recognised clearing house or a recognised CSD , and in Chapter 3B also includes a third country central counterparty; “recognised central counterparty” has the meaning given in section 285; “recognised clearing house” has the meaning given in section 285; “recognised CSD” has the meaning given in section 285; “recognised investment exchange” has the meaning given in section 285 Section 313(1)
recognised clearing house — — a central counterparty in relation to which a recognition order is in force (in this Part referred to as a “recognised central counterparty”), or a clearing house which provides clearing services in the United Kingdom without doing so as a central counterparty, and in relation to which a recognition order is in force; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 285(1)
recognised CSD — a central securities depository in relation to which a recognition order is in force Section 285(1)
recognised information service — — in relation to a securities market situated or operating in the United Kingdom, a service used for the dissemination of information in accordance with transparency rules; in relation to a securities market situated or operating outside the United Kingdom, a service used for the dissemination of information corresponding to that required to be disclosed under transparency rules; or in relation to any securities market, any other service used by issuers of securities for the dissemination of information required to be disclosed by the rules of the market Schedule 10A, Part 1, paragraph 2(4)
recognised investment exchange — an investment exchange in relation to which a recognition order is in force Section 285(1)
Recognised self-regulating organisation — an organisation which, immediately before the passing of this Act, was such an organisation for the purposes of the 1986 Act Schedule 21, paragraph 1(8)
Recognised self-regulating organisation for friendly societies — an organisation which, immediately before the passing of this Act, was such an organisation for the purposes of the 1986 Act Schedule 21, paragraph 2(7)
Recognised UK investment exchange — a recognised investment exchange that is not an overseas investment exchange as defined in section 313(1) Section 192B(5)
recognised UK investment exchange — a recognised investment exchange that is not an overseas investment exchange as defined in section 313(1) Section 300H(5)
recognition order — an order made under section 290 or 292; “recognition requirements” has the meaning given by section 286 Section 313(1)
recovery and resolution directive — Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms, as it had effect immediately before IP completion day Section 137R(5A)
redundancy payment — — a redundancy payment under Part 11 of the Employment Rights Act 1996 or Part 12 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)), or a payment made to a person who agrees to the termination of their employment in circumstances where they would have been entitled to a redundancy payment under that Part if dismissed; “wages or salary” includes— a sum payable in respect of a period of holiday; a sum payable in respect of a period of absence through illness or other good cause; a sum payable in lieu of holiday Section 377B(2)
registered credit rating agency — a credit rating agency registered in accordance with Regulation (EC) No 1060/2009 of the European Parliament and the Council of 16 September 2009 on credit rating agencies Section 309Z8(5)
registered friendly society — a society which is— a friendly society within the meaning of section 7(1)(a) of the Friendly Societies Act 1974; and registered within the meaning of that Act; “registered society” (except where otherwise indicated) means— a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, or a society registered or deemed to be registered under the Industrial and Provident Societies Act (Northern Ireland) 1969; “regulated activity” has the meaning given in section 22 Section 417(1)
Regulated Activities Order — the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; “regulated credit agreement” has the meaning given by the Regulated Activities Order Schedule 6, Part 1B, paragraph 2G(6)
Regulated Activities Order — the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; where a term that is used is also used in Chapter 2B (cryptoassets) of Part 2 (specified activities) of the Regulated Activities Order, then it has the same meaning as that given in that Chapter Section 418(6F)
regulated activity relating to a trading facility — — the regulated activity of operating a multilateral trading facility; or the regulated activity of operating an organised trading facility Section 213(13)
regulated benchmark — a regulated benchmark as defined in section 425A(7) Section 122HA(7)
Regulated benchmark — a benchmark, as defined in section 22... (6A), in relation to which any provision made under section 22(1A)...(c) has effect Section 1H(7A)
regulated benchmark — a benchmark, as defined in section 22 ... (6A), in relation to which any provision made under section 22(1A) ... (c) has effect Section 425A(7)
regulated claims management activity — activity of a kind specified in an order under section 22(1B) (regulated activities: claims management services); “regulating provisions” has the meaning given in section 140A; “regulator” has the meaning given in section 3A(2) Section 417(1)
regulated claims management agreement — an agreement, the entering into or performing of which by either party is a regulated claims management activity Section 137FD(7)
regulated cryptoasset activity — a regulated activity specified by the following articles of the Regulated Activities Order— article 9S (operating a qualifying cryptoasset trading platform); article 9T (dealing in qualifying cryptoassets as principal); article 9W (dealing in qualifying cryptoassets as agent); article 9Y (arranging deals in qualifying cryptoassets) Section 418(6D)
Regulated financial services — services provided— by authorised persons in carrying on regulated activities; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . by authorised persons in communicating, or approving the communication by others of, invitations or inducements to engage in investment activity or to engage in claims management activity; by authorised persons who are investment firms, or qualifying credit institutions, in providing relevant ancillary services; by persons acting as appointed representatives; by payment service providers in providing payment services; by electronic money issuers in issuing electronic money; by sponsors to issuers of securities; by primary information providers to persons who issue financial instruments Section 1H(2)
regulated information — information which an issuer, or a person who has applied for the admission of securities to trading on a regulated market without the issuer's consent, is required to disclose under— listing rules, qualifying transparency legislation, or Articles 17 to 19 of the market abuse regulation Section 89W(2)
regulated market — a UK regulated market as defined by Article 2(1)(13A) of the markets in financial instruments regulation; “remedial direction” has the meaning given in section 308(8); “revocation order” has the meaning given in section 297 Section 313(1)
Regulated person — — an authorised person; an electronic money issuer, as defined in section 1H(8); a payment service provider, as defined in section 1H(8) Section 234D(8)
Regulated persons — — authorised persons, recognised investment exchanges, issuers of securities admitted to the official list, ... and issuers who have requested or approved the admission of financial instruments to trading on a regulated market, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 1ZA, Part 3, paragraph 21(2)
regulating provisions — — in relation to the FCA, any— rules of the FCA; general guidance (as defined by section 139B(5) ...); ... ... ... ... in relation to the PRA, any— rules of the PRA; ... .. Section 140A(1)
Regulations — regulations made by the Treasury Section 214D(11)
regulator — the FCA, the PRA or the Bank of England; a person is connected with another person in the circumstances set out in section 165(11). “the EMIR regulation” has the meaning given in section 313 Section 138P(6)
Regulatory functions — the functions of the recognised body so far as relating to, or to matters arising out of, the obligations to which the body is subject under or by virtue of this Act Section 291(3)
regulatory information service — — a service approved by the FCA to disseminate regulated information in accordance with rules made under section 89A of this Act, ... ... ... “systematic internaliser” has the meaning given in Article 2(1)(12) of the markets in financial instruments regulation Section 313D(1)
regulatory provision — any rule, guidance, arrangements, policy or practice, and references to making provision shall be read accordingly as including, as the case may require, issuing guidance, entering into arrangements or adopting a policy or practice Section 300E(1)
reinsurance undertaking — — an undertaking which is authorised by or under this Act to carry on the regulated activity of effecting or carrying out contracts of insurance that are limited to reinsurance contracts as principal, or the association of underwriters known as Lloyd’s; “relevant designated activity” has the meaning given in section 71T(1); “relevant Part 5A requirement” is to be read in accordance with section 71T(2); “ring-fencing rules” has the meaning given in section 142H; “ring-fenced body” has the meaning given in section 142A; ... .. Section 417(1)
relevant additional activity — a regulated activity which— is not one to which A's permission relates, and is comprised in the carrying on of the business for which A's principal has accepted responsibility Section 39(1E)
relevant ancillary service — any service of a kind mentioned in Part 3A of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 the provision of which does not involve the carrying on of a regulated activity; “sponsor” has the meaning given in section 88(2) Section 1H(8)
relevant ancillary service — any service of a kind mentioned in Part 3A of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) the provision of which does not involve the carrying on of a regulated activity Section 425A(7)
relevant annuity — an annuity specified (by type, value or otherwise) as a relevant annuity in regulations made by the Treasury Section 137FBA(6)
relevant auctioned product — an auctioned product , within the meaning of regulation 4 of the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 Section 122IA(7)
Relevant authority — — if the transferee is a PRA-authorised person with a Part 4A permission ..., the PRA; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if the transferee does not fall within paragraph (a) ... but is subject to regulation in a country or territory outside the United Kingdom, the authority responsible for the supervision of the transferee's business in the place in which the transferee has its head office; in any other case, the FCA Schedule 12, Part 2B, paragraph 9C(2)
Relevant authority — — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if the transferee is a Swiss general insurer, the authority responsible in Switzerland for supervising persons who effect or carry out contracts of insurance; if the transferee is an authorised person not falling within paragraph ... (b) — the PRA, if the transferee is a PRA-authorised person with a Part 4A permission ...; the FCA, if the transferee is a person with a Part 4A permission ... but is not a PRA-authorised person Schedule 12, Part I, paragraph 2(6)
Relevant authority — — if the transferee is a PRA-authorised person with a Part 4A permission ..., the PRA; if the transferee is a person with Part 4A permission ... but is not a PRA-authorised person, the FCA; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if the transferee does not fall within paragraph (a) or (aa), the authority responsible for the supervision of the transferee’s business in the place in which the transferee has its head office Schedule 12, Part II, paragraph 8(2)
relevant body — — an undertaking (as defined in section 1161(1) of the Companies Act 2006) that has its head office in the United Kingdom and that has permission under Part 4A to accept deposits, other than— an undertaking that also has permission under Part 4A to effect or carry out contracts of insurance, or a credit union within the meaning of section 1 of the Credit Unions Act 1979; an investment firm that is for the time being designated by the PRA under article 3 of the Financial Services and Markets Act 2000 (PRA-regulated Activities) Order 2013 (S.I. 2013/556) Section 143E(2)
relevant borrowing — any money borrowed by the FCA which has been used for the purpose of meeting expenses incurred in relation to its assumption of functions under this Act Schedule 1ZA, Part 3, paragraph 23(3)
relevant borrowing — any money borrowed by the PRA which has been used for the purpose of meeting expenses incurred in relation to its assumption of functions under this Act Schedule 1ZB, Part 3, paragraph 31(3)
relevant commencement expenses — expenses incurred by the FCA— in preparation for the exercise of functions by the FCA under this Act, or for the purpose of facilitating the exercise by the FCA of those functions or otherwise in connection with their exercise by it Schedule 1ZA, Part 3, paragraph 23(3)
relevant commencement expenses — expenses incurred by the PRA, the FCA or the Bank— in preparation for the exercise of functions by the PRA under this Act, or for the purpose of facilitating the exercise by the PRA of those functions or otherwise in connection with their exercise by it Schedule 1ZB, Part 3, paragraph 31(3)
Relevant complaint — a complaint which the appropriate regulator considers is relevant to the question of whether the body concerned should remain a recognised body Section 299(2)
relevant complaint — — a complaint mentioned in subsection (1) other than one in relation to which subsection (1A) applies, or a complaint mentioned in subsection (2) other than one in relation to which subsection (2B) applies Section 404B(3)
relevant contract of insurance — a contract of long-term insurance which is not a contract in respect of which the following conditions are met— the benefits under the contract are payable only on death or in respect of incapacity due to injury, sickness or infirmity; the contract has no surrender value, or the consideration consists of a single premium and the surrender value does not exceed that premium; the contract makes no provision for its conversion or extension in a manner which would result in it ceasing to comply with either of the above conditions Schedule 19C, Part 2, paragraph 3(2)
Relevant contracts — contracts of a prescribed description in relation to which settlement arrangements are provided by a person for the time being included in a list (“the list”) maintained by the Bank of England for the purposes of this section Section 301(2)
Relevant current account provider — a person— who has a Part 4A permission to accept deposits, and who provides current accounts in reliance on that permission (“relevant current accounts”) Section 131O(5)
relevant decision — a decision mentioned in subsection (1)(a), (b) or (c); and “the decision-maker”, in relation to a relevant decision, means the person who made the relevant decision Section 133(2)
relevant designated activity — an activity that is a designated activity as a result of a provision specified in Part 1 of Schedule 6C Section 71T(1)
relevant enactment — an enactment passed or made before the day on which subsection (1) comes into force that makes provision in relation to collective investment schemes recognised, or seeking recognition, under section 271A Section 271S(6)
relevant enactment — an enactment passed or made before the day on which subsection (1) comes into force that makes provision in relation to collective investment schemes recognised, or seeking recognition, under section 272 Section 282C(6)
relevant exchange — a body corporate or unincorporated association which was a recognised investment exchange carrying on a regulated activity relating to a trading facility at the time the act or omission giving rise to the claim against it, or against a successor falling within subsection (1)(b), took place Section 213(12)
relevant exchange — a body corporate or unincorporated association carrying on a regulated activity relating to a trading facility at the time the act or omission which may give rise to the liability mentioned in subsection (1)(a) took place Section 224(4A)
relevant firm — — a bank as defined in section 2 of the Banking Act 2009, a building society as defined in section 119 of the Building Societies Act 1986, or an investment firm as defined in Article 4(1)(2) of the capital requirements regulation Section 71I(1)
Relevant firms — — authorised persons; . . . payment service providers. or electronic money issuers Section 404(2)
relevant FMI entity — — a recognised central counterparty, a recognised CSD, or a systemic third country CCP as defined by section 300G(7) Schedule 17A, Part 2, paragraph 9B(2)
relevant functions — — in relation to the competent authority of an EEA State, its functions under— the EU version of the market abuse regulation; or a directly applicable EU regulation made under the EU version of the market abuse regulation; in relation to an authority of any other country or territory outside the United Kingdom, its functions corresponding to the functions referred to in paragraph (a) Section 122B(6A)
relevant funeral plan provider — a relevant person who— has permission to enter into or carry out a funeral plan contract as provider, and is unable, or likely to be unable, to satisfy claims made against them Section 215A(2)
relevant implementing provisions — — any implementing provision contained in subordinate legislation (within the meaning of the Interpretation Act 1978) made otherwise than by any of the following– statutory instrument, and statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)); or any other implementing provision (as amended from time to time)) Schedule 6, Part 1, paragraph 1A(1)
Relevant insurers — relevant persons who— have permission to effect or carry out contracts of insurance; and are in financial difficulties Section 217(2)
relevant investment fund — an investment fund whose assets consist of or include financial instruments which— are traded in the United Kingdom; or were issued by a body incorporated in the United Kingdom; “service” includes facility Section 165A(8)
Relevant long-term insurers — relevant persons who— have permission to effect or carry out contracts of long-term insurance; and are unable, or likely to be unable, to satisfy claims made against them Section 216(2)
relevant mortgage activity — — an activity of a kind specified in article 25A (arranging regulated mortgage contracts), article 53A (advising on regulated mortgage contracts) or article 53DA (advising on regulated credit agreements the purpose of which is to acquire land) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, or an activity of a kind specified in article 36A of that Order (credit broking) which is referred to in Article 33(1)(a) of the mortgages directive Section 55J(6C)
relevant objective — — if the appropriate regulator is the FCA, any of its operational objectives; if the appropriate regulator is the Bank of England, the Financial Stability Objective Section 309K(4)
relevant objective — — if the appropriate regulator is the FCA, any of its operational objectives; if the appropriate regulator is the Bank of England, the Financial Stability Objective Section 309Q(6)
relevant objective — — if the appropriate regulator is the FCA, any of its operational objectives; if the appropriate regulator is the Bank of England, the Financial Stability Objective Section 309R(2)
relevant objective — — if the appropriate regulator is the FCA, any of its operational objectives; if the appropriate regulator is the Bank of England, the Financial Stability Objective Section 309Z1(4)
relevant office — — in relation to a firm whose EEA right derives from the insurance distribution directive and which has a registered office, its registered office; in relation to a firm whose EEA right derives from the alternative investment fund managers directive, its registered office; in relation to any other firm, its head office Schedule 3, Part I, paragraph 10A
relevant office — — in relation to a firm falling within sub-paragraph (e) or (i) of that paragraph which has a registered office, its registered office; in relation to a firm falling within sub-paragraph (h) of that paragraph, its registered office; in relation to any other firm, its head office Schedule 3, Part I, paragraph 5A
relevant office — — in relation to a person who has a registered office and whose entitlement is subject to the conditions of the insurance distribution directive or the mortgages directive, his registered office; in relation to a person whose entitlement is subject to the conditions of the alternative investment fund managers directive, its registered office; in relation to any other person, his head office Schedule 3, Part I, paragraph 7A
relevant office — — in relation to a body corporate, its registered office or, if it has no registered office, its head office, and in relation to a person other than a body corporate, the person's head office Section 39A(9)
relevant office-holder — — a provisional liquidator of the insurer; an administrator of the insurer; a person appointed to act as the manager of a write-down order that has effect in relation to the insurer Schedule 19C, Part 2, paragraph 5(2)
relevant office-holder — an administrator or provisional liquidator of the insurer (but does not include a person appointed to act as the manager of a write-down order that has effect in relation to the insurer) Schedule 19C, Part 3, paragraph 8(3)
relevant organisation — — the FCA; the scheme operator of the ombudsman scheme within the meaning of section 225(2); the scheme manager of the Financial Services Compensation Scheme within the meaning of section 212 Section 415C(9)
relevant Part 5A requirement — in relation to a provision of this Act listed in the first column of the Table in Part 2 of Schedule 6C, a requirement that— is imposed by virtue of any of the designated activity regulations specified in the corresponding entry in the second column, and is of any of the descriptions specified in the corresponding entry in the third column Section 71T(2)
relevant pension scheme — a pension scheme set up by a person with permission under this Act to establish— a personal pension scheme within the meaning of an order under section 22, or a stakeholder pension scheme within the meaning of such an order; “subsisting right” has the meaning given by section 76 of the Pension Schemes Act 2015; “survivor” has the meaning given by section 76 of the Pension Schemes Act 2015 Section 137FB(4)
Relevant pension scheme — an occupational pension scheme that is not a money purchase scheme Section 142X(2)
relevant period — — the period of 12 months beginning with the date on which the insurer entered into financial difficulties, and each subsequent period of 12 months; “surrender limit”, in relation to a relevant contract of insurance and relevant period, is an amount equal to 5% of the total surrender value of the contract on the day on which the relevant period began Schedule 19C, Part 2, paragraph 3(2)
Relevant period — a period of 28 days beginning with the day on which the order is made Section 165C(6)
relevant person — a person— who has contravened Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or Article 15 (prohibition of market manipulation) of the market abuse regulation; who has contravened, or been knowingly concerned in the contravention of— a provision of the market abuse regulation other than Article 14 or 15 of that regulation; or a provision of any supplementary market abuse legislation; or who has contravened— any requirement imposed on the person under section 122A, 122B, 122C, 122G, 122H, 122HA, 122I, 122IA, 123A or 123B; or in the case of a person other than an authorised person, any requirement relating to the market abuse regulation or any supplementary market abuse legislation imposed on the person under Part 11 Section 124(10)
Relevant person — — an institution authorised in the UK; or a qualifying parent undertaking within the meaning given by section 192B Section 137J(2)
relevant person — a person who was— an authorised person at the time the act or omission giving rise to the claim against him , or against a successor falling within subsection (1)(b), took place; or an appointed representative at that time Section 213(9)
relevant person — — the Treasury, a bridge bank, or an asset management vehicle Section 214E(5)
relevant person — a person who was— an authorised person at the time the act or omission which may give rise to the liability mentioned in subsection (1)(a) took place; or an appointed representative at that time Section 224(3)
Relevant person — a person who at the material time is or was an appointed representative by virtue of being a party to a contract with the authorised person Section 39(5)
Relevant person — — the FCA; the PRA; the Bank of England when exercising functions conferred on it by Part 18; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any recognised investment exchange (other than one which is an overseas investment exchange); any recognised clearing house (other than one which is an overseas clearing house); any recognised CSD; a person included in the list maintained under section 301; or the scheme operator of the ombudsman scheme Section 410(4)
relevant personal current account — a relevant current account held by one or more individuals for purposes outside any business, trade, craft or profession of that individual or those individuals Section 131O(4)
Relevant persons — — in the case of a direction given to the PRA, PRA-authorised persons; in the case of a direction given to the FCA, authorised persons and recognised investment exchanges who (in either case) are not PRA-authorised persons; in the case of a direction given to the Bank of England, recognised clearing houses and recognised CSDs, other than those falling within paragraph (a) or (b) Section 410A(8)
relevant power — the FCA’s power— to impose a penalty or publish a statement of censure under section 123; to impose a prohibition under section 123A; to impose a suspension or restriction under section 123B; to appoint a person to conduct an investigation under section 168 in a case falling within subsection (2)(d) of that section; or to appoint a person to conduct an investigation under section 169 (investigation etc in support of an overseas regulator) in a case falling within subsection (2A) of that section Section 128(3)
Relevant provision — any provision— of section 22 or this Schedule; or made under that section or this Schedule Schedule 2, Part III, paragraph 25(3)
Relevant provision — this section or any provision made under this section Section 22A(4)
relevant recognised scheme — a scheme recognised under section ... 272 Section 281(1)
relevant regulator — — if the transferee is a PRA-authorised person, the PRA; in any other case, the FCA Schedule 12, Part 2A, paragraph 9A(2)
Relevant requirement — a requirement imposed— by or under this Act, ... by regulations under section 11 of the Civil Liability Act 2018, by or under Part 1 of the Pensions Act 2008 in relation to the scale requirement in section 28B or the asset allocation requirement in section 28C, by or under the Securitisation Regulations 2024, by small pots regulations within the meaning of Chapter 2 of Part 2 of the Pension Schemes Act 2026, by a qualifying provision specified, or of a description specified, for the purposes of this subsection by the Treasury by order , ... by the Alternative Investment Fund Managers Regulations 2013 , or by the Undertakings for Collective Investment in Transferable Securities Regulations 2011 Section 204A(2)
Relevant requirement — — a requirement imposed by or under this Act or by a qualifying provision specified, or of a description specified, for the purposes of this subsection by the Treasury by order; ... a requirement which is imposed by or under any other Act and whose contravention constitutes an offence mentioned in section 402(1) ; ... a requirement imposed by the Alternative Investment Fund Managers Regulations 2013; or a requirement which is imposed by Part 7 of the Financial Services Act 2012 (offences relating to financial services) and whose contravention constitutes an offence under that Part. that Part; or a requirement imposed by or under Chapter 2 of Part 2 of the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026 Section 384(7)
relevant requirement — a requirement— imposed by or under this Act, ... imposed by the Alternative Investment Fund Managers Regulations 2013 ...; imposed by the Undertakings for Collective Investment in Transferable Securities Regulations 2011, ... imposed by or under the Securitisation Regulations 2024, or imposed by any qualifying provision specified, or of a description specified, for the purposes of this subsection by the Treasury by order Section 66A(4)
relevant requirement — a requirement— imposed by or under this Act, ... imposed by or under the Securitisation Regulations 2024, or imposed by any qualifying provision specified, or of a description specified, for the purposes of this subsection by the Treasury by order Section 66B(4)
relevant scheme — a money purchase scheme that is— a personal pension scheme where direct payment arrangements (within the meaning of section 111A of the Pension Schemes Act 1993) exist in respect of one or more members of the scheme who are workers, or a personal pension scheme which is or has been registered under section 2 of the Welfare Reform and Pensions Act 1999 (stakeholder pension schemes) Section 137FA(8)
Relevant scheme — a scheme or arrangement (other than the FSCS) for the payment of compensation (in certain cases) to customers of persons who provide financial services or carry on a business connected with the provision of such services Section 224B(2)
relevant senior management function — a function which the FCA is satisfied is a senior management function as defined in section 59ZA (whether or not it is a designated senior management function as defined by section 59ZB) Section 415B(5)
relevant senior management function — a function which the PRA is satisfied is a senior management function as defined in section 59ZA (whether or not the function has been designated as such by the FCA) Section 63(1B)
relevant senior management function — a function which the PRA is satisfied is a senior management function as defined in section 59ZA (whether or not the function has been designated as such by the FCA) Section 64A(3)
relevant senior management function — a function which the PRA is satisfied is a senior management function as defined in section 59ZA (whether or not the function has been designated as such by the FCA) Section 66B(8)
relevant service provider — — an electronic money institution as defined by regulation 2(1) of the Electronic Money Regulations 2011 (S.I. 2011/99); an authorised payment institution, small payment institution or registered account information services provider as defined by regulation 2(1) of the Payment Services Regulations 2017 (S.I. 2017/752); “service” includes facility Section 312L(8)
relevant transfer instrument — an instrument made by the Bank acting in the exercise of its functions under sections 6A to 6C of the Banking Act 2009 or under the special resolution regime under Part 1 of that Act, which transfers, or has the effect of transferring, shares issued by, or voting power in, the qualifying credit institution, investment firm or banking group company Section 190A(7)
relevant transparency provision — — a provision of the transparency rules which implemented Article 9, 10, 12, 13 or 13a of the transparency obligations directive, ... a provision, originally made under any of those Articles, that is assimilated direct legislation, a provision of regulations made by the Treasury under regulation 71 of the Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019 for a purpose specified in paragraphs 13 to 16 of Schedule 2 to those Regulations, or a provision of technical standards made by the FCA under regulation 72 of those Regulations for a purpose specified in paragraphs 32 to 35 of that Schedule. “voteholder” has the meaning given by section 89J(3) Section 89NA(11)
request — a request of a kind mentioned in subsection (1) Section 55Q(8)
requirement — a requirement imposed under section 55L or 55M Section 55N(6)
Revenue information — information held by a person which it would be an offence under section 182 of the Finance Act 1989 for him to disclose Section 350(7)
ring-fenced body — a UK institution which carries on one or more core activities (see section 142B) in relation to which it has a Part 4A permission Section 142A(1)
rule — a rule made by the FCA or the PRA under this Act; “rule-making instrument” has the meaning given in section 138G; “Schedule 2A permission” has the meaning given in paragraph 12(4) of Schedule 2A; “Schedule 2B permission” has the meaning given in paragraph 7(6) of Schedule 2B; “the scheme manager” has the meaning given in section 212(1); “the scheme operator” has the meaning given in section 225(2); “scheme particulars rules” has the meaning given in section 248(1) Section 417(1)
rules — rules made by the Lord Chancellor under section 132 Schedule 13, Part I, paragraph 1
Rules — general rules of the FCA Section 137B(4)
rules — — trust scheme rules; or scheme particulars rules Section 250(1)
rules — — contractual scheme rules; or contractual scheme particulars rules Section 261L(1)
Rules — — in England and Wales, rules made under section 412 of the 1986 Act; in Scotland, rules made by order by the Treasury, after consultation with the Scottish Ministers, for the purposes of this section; and in Northern Ireland, rules made under Article 359 of the 1989 Order Section 372(9)
Scheme particulars — particulars in such form, containing such information about the scheme and complying with such requirements, as are specified in scheme particulars rules Section 248(2)
Secondary material — material, other than material falling within paragraph (a) of subsection (1) which— was considered by the regulator giving the notice in reaching the decision mentioned in that paragraph; or was obtained by the regulator giving the notice in connection with the matter to which that notice relates but which was not considered by it in reaching that decision Section 394(6)
section 13 — section 13 of that Act Schedule 18, Part II, paragraph 9
section 192XA rules — rules made under section 192XA Section 192O(1)
securities — transferable securities as defined in Article 2(1)(24) of the markets in financial instruments regulation, other than money market instruments as defined in Article 2(1)(25A) of that regulation that have a maturity of less than 12 months (and includes instruments outside the United Kingdom) Schedule 10A, Part 3, paragraph 8(1)
Securities — (except in section 74(2) and the expression “transferable securities”) anything which has been, or may be, admitted to the official list Section 102A(2)
securities market — — a regulated market as defined in Article 2(1)(13) of the markets in financial instruments regulation, or a multilateral trading facility as defined in Article 2(1)(14) of that regulation Schedule 10A, Part 3, paragraph 8(1)
Sequestration award — an award of sequestration under section 22 of the 2016 Act Section 373(3)
Seventh Company Law Directive — the European Council Seventh Company Law Directive of 13 June 1983 on consolidated accounts ( No. 83/349/ EEC) Section 417(1)
SFT regulation — Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012; ... .. Section 417(1)
Significant — significant for the purpose of making an informed assessment of the kind mentioned in section 80(1) Section 81(2)
Society — the society incorporated by Lloyd’s Act 1871 by the name of Lloyd’s; “subsidiary undertaking” includes all the instances mentioned in Article 1(1) and (2) of the Seventh Company Law Directive in which an entity may be a subsidiary of an undertaking Schedule 6, Part 1, paragraph 1A(1)
specified — specified in an order made by the Treasury Schedule 11, paragraph 25
specified — specified or described in the order Schedule 19C, Part 4, paragraph 10(3)
Specified — specified in, or in accordance with, an order made by the Treasury Schedule 6, Part III, paragraph 8(3)
specified — specified in a direction given by the FCA under this Schedule Schedule 6A, paragraph 8(6)
specified — specified in the notice Section 122B(8)
specified — specified by the FCA Section 122G(7)
specified — specified in the notice Section 122H(7)
specified — specified in the notice Section 122HA(7)
Specified — specified in the rules Section 136(9)
Specified — specified in the rules Section 137B(5)
specified — specified in the rules Section 137C(7)
specified — specified in or determined in accordance with the rules Section 137F(4)
specified — specified in the rules, but Section 137FD(7)
specified — specified in the rules Section 137J(6)
specified — specified in the rules Section 137N(5)
Specified — specified in regulations made by the Treasury for the purposes of this section Section 138EA(3)
specified — specified in the rules; “voting power” has the meaning given in section 422 Section 142H(8)
Specified — specified in the order Section 142I(3)
Specified — specified in the order Section 142Y(5)
Specified — — in subsections (1) and (2), specified in the notice; and in subsection (3), specified in the authorisation Section 165(10)
specified — specified in the notice Section 165A(8)
Specified — specified in a notice in writing Section 171(6)
Specified — specified in a notice in writing Section 172(5)
specified — specified in the scheme Section 213(8)
Specified — specified in the notice given under subsection (1) Section 219(9)
Specified — specified in an order made by the Treasury Section 21(15)
specified — specified, or of a description specified, in the notice Section 224C(4)
Specified — specified in compulsory jurisdiction rules Section 229(11)
Specified — specified in an order made by the Treasury Section 22(5)
Specified — specified in the notice given under subsection (1) Section 231(7)
Specified — specified in the rules Section 234(2)
specified — — specified in rule 11.6.3(2) of the Collective Investment Schemes sourcebook, or specified in UCITS-related direct EU legislation Section 252A(9)
specified — — specified in rule 11.6.3(2) of the Collective Investment Schemes sourcebook, or specified in UCITS-related direct EU legislation Section 261S(9)
specified — specified— in rules 6.12.3 and 6.12.3A, and annex 2R to chapter 6, of the Collective Investment Schemes sourcebook, or in UCITS-related direct EU legislation Section 283B(4)
Specified — specified in the appropriate regulator's rules Section 293(9)
specified — specified in the Part 18 prohibition order Section 309B(6)
specified — specified in rules made by the appropriate regulator Section 309J(3)
specified — specified in the rules Section 309Z1(4)
specified — specified in rules made by the appropriate regulator Section 309Z(3)
Specified — specified in the direction Section 318(3)
Specified — specified in the order Section 329(4)
Specified — specified in rules Section 340(7)
Specified — specified in the order Section 360(3)
Specified — specified in winding-up rules Section 379(3)
Specified — specified by the exemption order Section 38(4)
specified — specified in rules made under section 404 Section 404F(1)
Specified — specified in the order Section 409(5)
Specified — specified in an order made by the Treasury Section 412(6)
specified — specified in rules made by the FCA Section 423A(4)
specified — specified in regulations under this section Section 55NB(3)
specified — specified in the prohibition order Section 56(9)
Specified — specified in the requirement Section 71C(8)
specified — specified in the instrument of appointment Section 71F(5)
specified — specified in, or referred to in, transparency rules Section 89C(8)
specified — specified in the notice Section 89J(3)
Specified — specified in the Part 6 rules Section 89P(3)
Specified agreements — agreements of a description specified in general rules made by the FCA Section 137D(3)
specified amount — an amount specified in or determined in accordance with the rules Section 137C(7)
specified amount — an amount specified in or determined in accordance with the rules Section 137FD(7)
specified authorised person — an authorised person of a description specified in general rules made by virtue of section 137FAA; “stakeholder pension scheme” has the meaning given by— section 1 of the Welfare Reform and Pensions Act 1999, in relation to England and Wales and Scotland; Article 3 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), in relation to Northern Ireland Section 137FAC(5)
specified authorised person — an authorised person of a description specified in rules made by virtue of subsection (1) Section 137FBA(6)
specified authorised person — an authorised person of a description specified in rules made by virtue of this section Section 137FC(4)
specified function — a function of a description specified in rules made by the appropriate regulator Section 309Y(3)
specified period — a period of a duration specified in or determined in accordance with the rules Section 137C(7)
specified person — a person of a description specified in the rules; subject to that Section 137C(7)
Specified persons — persons of a description specified in general rules made by the FCA Section 137D(4)
Specified provisions — such provisions— as may be specified in rules made by the FCA. corresponding to the relevant provisions of Article 5 of the market abuse regulation, and made by a body or authority outside the United Kingdom as may be specified in rules made by the FCA Section 137Q(3A)
specified rate — a rate specified by the Treasury Section 214B(6)
Sponsor — a person approved by the FCA for the purposes of the rules Section 88(2)
stand-alone co-ownership scheme — an authorised contractual scheme which— is a co-ownership scheme; and is not an umbrella co-ownership scheme Section 237(8)
statement — — any untrue or misleading statement in listing particulars; or the omission from listing particulars of any matter required to be included by section 80 or 81 Schedule 10, paragraph 1(1)
statement — a statement included in listing particulars which— purports to be made by, or on the authority of, another person as an expert; and is stated to be included in the listing particulars with that other person’s consent Schedule 10, paragraph 2(1)
statutory obligation — any obligation arising under or by virtue of this Act or any other enactment Schedule 6A, paragraph 6(7)
statutory panel — a panel established under section 1N, 1O, 1P, 1Q, 1QA or 138IA Section 1RA(8)
statutory panel — a panel established under section 2M, 2MA or 138JA Section 2NA(8)
subordinate legislation — an instrument made under primary legislation Section 284A(10)
subsidiary institution — an institution which is a subsidiary undertaking Section 192O(1)
Supervisory notice — a notice or notification given in accordance with section— 55XA(1) or (5) (where subsection (6) applies); 55Y(4), (7) or (8)(b); 63ZC(4), (8) or (9)(b); 71H(2), (3), (4), (9) or (11)(a); section 71V or 71X; 78(2) or (5); 78A(2) or (8)(b); section 88F(2), (5) or (6)(b); section 89V(2), (5) or (6)(b); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122I; section 122IA; 131W; section 137S(5) or (8)(a); section 143O(3), (6) or (8)(b); 191B(1); section 192U(1), (7) or (8); 197(3), (6) or (7)(b); 259(3), (8) or (9)(b); 261Z1(3), (8) or (9)(b); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 271M(3), (6) or (7)(b); 282(3), (6) or (7)(b); 301J(1); 309R (5), (8) or (10)(b); 321(2) or (5) Section 395(13)
supplier — a person whose main business is to sell goods or supply services and not to carry on a regulated activity, other than an activity of the kind specified by article 60N of the Regulated Activities Order (regulated consumer hire agreements) Schedule 6, Part 1B, paragraph 2G(6)
Suspension — a suspension of listing under section 77(2) and in subsections (10) and (12), includes a suspension of listing under section 19, 39B or 48L of the Banking Act 2009 or paragraph 44 or 65 of Schedule 11 to the Financial Services and Markets Act 2023 Section 78(14)
Suspension — a suspension of listing under section 77(2) Section 78A(11)
suspension or restriction — — a suspension of any permission which a person has to carry on a regulated activity for such period as the court considers appropriate; or such limitations or other restrictions as the court considers appropriate in relation to the carrying on of a regulated activity by a person for such period as the court considers appropriate Section 129(7)
Swiss general insurer — a body— whose head office is in Switzerland; which has permission to carry on regulated activities consisting of the effecting and carrying out of contracts of general insurance; and whose permission is not restricted to the effecting or carrying out of contracts of reinsurance Schedule 12, Part I, paragraph 2(8)
systemic third country CCP — any third country central counterparty that the Bank has determined is systemically important, or is likely to become systemically important, to the financial stability of the United Kingdom Section 300G(7)
Takeover offer — — an offer to acquire shares in a body incorporated in the United Kingdom which is a takeover offer within the meaning of the takeover provisions (or would be such an offer if those provisions applied in relation to any body corporate); an offer to acquire all or substantially all of the shares, or of the shares of a particular class, in a body incorporated outside the United Kingdom; or an offer made to all the holders of shares, or of shares of a particular class, in a body corporate to acquire a specified proportion of those shares Schedule 11, paragraph 12(2)
Takeovers Directive — Directive 2004/25/ EC of the European Parliament and of the Council; ... “threshold conditions”, in relation to a regulated activity, has the meaning given in section 55B(1); ... .. Section 417(1)
temporary prohibition — a temporary prohibition on an individual— holding an office or position involving responsibility for taking decisions about the management of an investment firm; ... acquiring or disposing of financial instruments, whether on his or her own account or the account of a third party and whether directly or indirectly ; or making a bid, on his or her own account or the account of a third party, directly or indirectly, at an auction conducted by a recognised auction platform Section 129(7)
The 1986 Act — the Financial Services Act 1986 Schedule 21, paragraph 1(9)
The 1986 Act — the Financial Services Act 1986 Schedule 21, paragraph 2(8)
the 1986 Act — the Insolvency Act 1986 Section 355(1)
the 1989 Order — the Insolvency (Northern Ireland) Order 1989 Section 355(1)
the 1992 Act — the Friendly Societies Act 1992 Schedule 18, Part II, paragraph 9
the 2016 Act — the Bankruptcy (Scotland) Act 2016 Section 355(1)
The alternative investment fund managers directive — Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers Schedule 3, Part I, paragraph 4E
the annual report — — in relation to the FCA, every report which it is required by paragraph 11 of Schedule 1ZA to make to the Treasury, and in relation to the PRA, every report which it is required by paragraph 19 of Schedule 1ZB to make to the Treasury Section 339B(4)
The applicant — an applicant for permission under section 55A Section 55G(1)
The appropriate comparison — — in relation to subsection (2)(a), a comparison between the overall position if the direction is given and the overall position if it is not given; in relation to subsection (5)(b), a comparison between the overall position after the giving of the direction and the overall position before it was given Section 319(11)
The appropriate comparison — — in relation to subsection (2)(a), a comparison between the overall position if the direction is given and the overall position if it is not given; in relation to subsection (5)(b), a comparison between the overall position after the giving of the direction and the overall position before it was given Section 330(11)
the appropriate regulator — — in relation to a ring-fencing transfer scheme or a scheme (other than a ring-fencing transfer scheme) in respect of which the transferor concerned is a PRA-authorised person, the PRA; in any other case, the FCA Section 103A(1)
the appropriate regulator — — in relation to a ring-fenced body which is a PRA-authorised person, the PRA; in relation to any other ring-fenced body, the FCA Section 142G(4)
the appropriate regulator — — in relation to a PRA-authorised person, the PRA; in relation to any other authorised person, the FCA; “shares” has the meaning given in section 422 Section 142H(8)
the appropriate regulator — — where the ring-fenced body is a PRA-authorised person, the PRA; where it is not, the FCA Section 142K(7)
the appropriate regulator — — where the UK authorised person is a PRA-authorised person, the PRA; in any other case, the FCA Section 178(2A)
The appropriate regulator — — where a direction relates to a qualifying authorised person or recognised investment exchange who is a PRA-authorised person, the FCA or the PRA; in any other case, the FCA Section 192C(6)
The appropriate regulator — — in relation to the parent undertaking of a qualifying authorised person who is a PRA-authorised person, the FCA or the PRA; in any other case, the FCA Section 192J(4)
The appropriate regulator — — in relation to the parent undertaking of a ring-fenced body that is a PRA-authorised person, the PRA; in any other case, the FCA Section 192JA(4)
The appropriate regulator — — where the subsidiary undertakings of the qualifying parent undertaking include a ring-fenced body that is a PRA-authorised person, the PRA; where the subsidiary undertakings of the qualifying parent undertaking include one or more PRA-authorised persons but do not include any authorised person that is not a PRA-authorised person, the PRA; where the subsidiary undertakings of the qualifying parent undertaking do not include any PRA-authorised person, the FCA; in any other case, the PRA or the FCA Section 192JB(6)
the appropriate regulator — — in the case of a PRA-authorised person, the PRA, and in any other case, the FCA Section 33(2A)
the appropriate regulator — — in the case of a PRA-authorised person, the PRA; in any other case, the FCA Section 340(5A)
the appropriate regulator — — in the case of an auditor of, or an actuary acting for, a PRA-authorised person, the PRA; in any other case, the FCA Section 344(4)
the appropriate regulator — — where the company is a PRA-regulated person, each of the FCA and the PRA, except that the reference in subsection (7) to a person appointed by the appropriate regulator is to be read as a reference to a person appointed by either the FCA or the PRA; in any other case, the FCA; “authorised payment institution”, “small payment institution” and “registered account information service provider” have the same meaning as in the Payment Services Regulations 2017 (S.I. 2017/752) (see regulation 2 of those Regulations); “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations) Section 355A(8)
The appropriate regulator — — where the company or partnership is a PRA-regulated person, each of the FCA and the PRA, except that the references in subsections (5) and (5A) to a person appointed by the appropriate regulator are to be read as references to a person appointed by either the FCA or the PRA; in any other case, the FCA Section 362(7)
The appropriate regulator — — where the company or partnership is a PRA-regulated person, the PRA, and in any other case, the FCA Section 362A(2B)
The appropriate regulator — — where the company is a PRA-authorised person, each of the FCA and the PRA, except that the references in subsections (5) and (5A) to a person appointed by the appropriate regulator are to be read as references to a person appointed by either the FCA or the PRA; in any other case, the FCA Section 365(8)
The appropriate regulator — — where the body is a PRA-regulated person, each of the FCA and the PRA, except that the references in subsections (4) and (4A) to a person appointed by the appropriate regulator are to be read as references to a person appointed by either the FCA or the PRA; in any other case, the FCA Section 371(6)
The appropriate regulator — — where the individual or entity is a PRA-regulated person, each of the FCA and the PRA, except that the references in subsections (4) and (4A) to a person appointed by the appropriate regulator are to be read as references to a person appointed by either the FCA or the PRA; in any other case, the FCA Section 374(7)
The appropriate regulator — — in a case where the UK authorised person is a PRA-authorised person and the case does not relate to a requirement that is imposed (or that could be imposed) under section 55NA, the FCA or the PRA; in any other case, the FCA Section 55O(3)
the appropriate regulator — the regulator who imposed the general meeting requirement Section 55PB(6)
the appropriate regulator — — in relation to employees of PRA-authorised persons, the FCA or the PRA, and in relation to employees of any other authorised person, the FCA Section 63F(3)
The appropriate regulator — — in relation to ... PRA-authorised persons, the FCA or the PRA; in relation to any other ... authorised persons, the FCA Section 64C(3)
the appropriate UK regulator — — the PRA, in a case in which the Gibraltar-based person is a PRA-authorised person but not a paragraph 37(1) person, or the FCA, in any other case Schedule 2A, Part 10, paragraph 66(1)
the appropriate UK regulator — — the PRA, in a case where the approved activities to which the notification relates consist of or include PRA-regulated activities, and the FCA, in any other case Schedule 2A, Part 3, paragraph 14
the appropriate UK regulator — — the PRA, in a case where the approved activities to which the notification relates consist of or include PRA-regulated activities, and the FCA, in any other case Schedule 2A, Part 4, paragraph 23
the appropriate UK regulator — — the PRA, in a case where the Gibraltar-based person is a PRA-authorised person, and the FCA, in any other case Schedule 2A, Part 5, paragraph 33
the appropriate UK regulator — — the PRA, in a case where the Gibraltar-based person is a PRA-authorised person, and the FCA, in any other case Schedule 2A, Part 5, paragraph 37(4)
the appropriate UK regulator — — the PRA, in a case where the approved activities to which the notification relates consist of or include PRA-regulated activities, and the FCA, in any other case Schedule 2A, Part 6, paragraph 45
the appropriate UK regulator — — in the case of a PRA-authorised person, the PRA, and in any other case, the FCA; “enactment” includes— assimilated legislation, an enactment comprised in subordinate legislation, an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru, an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and an enactment comprised in, or in an instrument made under, Northern Ireland legislation Schedule 2A, Part 9, paragraph 60(9)
the Bank — the Bank of England; “functions”, in relation to the FCA, means functions conferred on the FCA by or under any provision of this Act (see section 1A(6) which affects the meaning of references to such functions) Schedule 1ZA, Part 1, paragraph 1
the Chapter 8 provisions — — in relation to a UK UCITS or its operator, trustee or depositary, or auditor, any provision made by or under an enactment in implementation of Chapter 8 of the UCITS directive, and in relation to an EEA UCITS or its operator, Chapter 8 of the UCITS directive Section 283A(3A)
the CMA — the Competition and Markets Authority. “market in the United Kingdom” includes— so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory, and any market which operates only in a part of the United Kingdom; ... “practices”, in relation to each regulator, means practices adopted by that regulator in the exercise of functions under this Act Section 140A(1)
the Collective Investment Schemes sourcebook — the Collective Investment Schemes sourcebook made under this Act by the FCA, as it has effect on IP completion day Section 237(3)
the Commission — the European Commission ...; “the compensation scheme” has the meaning given in section 213(2); “control of information rules” has the meaning given in section 137P; “core activities” has the meaning given in section 142B; “core services” has the meaning given in section 142C; “credit-related regulated activity” has the meaning given in section 23(1B) Section 417(1)
the court — — in England and Wales, the High Court, in Scotland, the Court of Session, and in Northern Ireland, the High Court Schedule 17A, Part 3, paragraph 34(9)
The court — — in relation to England and Wales or Northern Ireland, the High Court, and in relation to Scotland, the Court of Session Section 142X(8)
the CSD regulation — Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories , as it forms part of assimilated law; “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); “designated activity” has the meaning given in section 71K; “director”, in relation to a body corporate, includes— a person occupying in relation to it the position of a director (by whatever name called); and a person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of that body are accustomed to act; “documents” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form , or in a form from which it can readily be produced in visible and legible form; ... ... .. Section 417(1)
the EMIR regulation — Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories as it forms part of assimilated law, and any reference to requirements contained in or to functions under the EMIR regulation includes a reference (as the case may be) to requirements contained in or to functions under— any EU regulation, originally made under the EMIR regulation, which is assimilated direct legislation; or any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the EMIR regulation on or after IP completion day; “FMI functions”, in relation to the Bank of England, has the meaning given by section 30D(3) of the Bank of England Act 1998 Section 313(1)
The emission allowance auctioning regulation — Commission Regulation ( EU ) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community Schedule 3, Part I, paragraph 4D
the EU Benchmarks Regulation 2016 — Regulation EU 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 , as it forms part of assimilated law; “excluded activities” has the meaning given in section 142D; “exempt person”, in relation to a regulated activity, means a person who is exempt from the general prohibition in relation to that activity as a result of an exemption order made under section 38(1) or as a result of section 39(1) or ... 285 Section 417(1)
the FCA — the Financial Conduct Authority Section 417(1)
The FCA Handbook — the Handbook made by the FCA under this Act (as that Handbook is amended from time to time) Schedule 6A, paragraph 1(4)
The FSCS — the Financial Services Compensation Scheme (see section 213(2)) Section 224B(4)
The FSCS manager — the scheme manager as defined by section 212(1) Section 224B(5)
the Gibraltar regulator — the Gibraltar Financial Services Commission Schedule 2A, Part 1, paragraph 2(1)
the group restructuring powers — one or more of the powers conferred by this section Section 142L(1)
The insurance distribution directive — Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) as amended by Directive (EU) 2018/411 of the European Parliament and of the Council of 14 March 2018 Schedule 3, Part I, paragraph 4A
the legal assistance scheme — any scheme in force under subsection (1) Section 134(4)
The limitation period — the period of 3 years beginning with the first day on which the regulator knew of the contravention Section 142S(5)
the limitation period — the period of six years beginning with the first day on which the FCA knew of the contravention Section 143W(8)
The limitation period — the period of 3 years beginning with the first day on which the regulator knew of the contravention Section 192K(5)
The limitation period — the period of 3 years beginning with the first day on which the PRA knew of the contravention Section 192Y(5)
the limitation period — the period of 6 years beginning with the first day on which the appropriate regulator knew that the person concerned had performed a designated senior management function without approval, and the appropriate regulator is to be treated as knowing that a person has performed a designated senior management function without approval if it has information from which that can reasonably be inferred Section 309U(5)
The limitation period — the relevant period beginning with the first day on which the appropriate regulator knew that the person concerned had performed a controlled function without approval Section 63A(4)
The limitation period — the period of 3 years beginning with the first day on which the FCA knew that the sponsor had contravened the requirement or restriction Section 88A(8)
The limitation period — the period of 3 years beginning with the first day on which the FCA knew that the provider had contravened the requirement or restriction Section 89Q(8)
the listed requirements — — requirements under the law of any part of the United Kingdom that appear to the FCA to correspond to requirements of— Articles 24 (general principles and information to clients) and 25 (assessment of suitability and appropriateness and reporting to clients) of the markets in financial instruments directive, Commission Delegated Directive (EU) 2017/593 of 7 April 2016, so far as adopted under those Articles, Article 77 of the UCITS directive, Articles 10 and 11 of the mortgages directive, Article 17 of the insurance distribution directive, or Article 44a of the recovery and resolution directive (as defined in paragraph (c)), and requirements of any assimilated direct legislation originally made under Article 24(13) or 25(8) of the markets in financial instruments directive. In paragraph (a)(vi) Section 137R(5A)
The markets in financial instruments directive — Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments Schedule 3, Part I, paragraph 4C
The mortgages directive — Directive 2014/17/EU of the European Parliament and of the Council of 4th February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 Schedule 3, Part I, paragraph 4F
the official list — the list maintained by the FCA as that list has effect for the time being; “Part 6 rules” has the meaning given in section 73A; ... ... ... “qualifying transparency legislation” has the meaning given in section 89K(5A); “regulated market” (except in section 102B and Schedule 10A) means a UK regulated market, as defined in Article 2(1)(13A) of the markets in financial instruments regulation; .. Section 103
the overseas regulator — the authority responsible for the authorisation and supervision of schemes of that description in the country or territory Section 271C(2)
the panel — the panel established under paragraph 4 Schedule 17, Part I, paragraph 1
the Payment Systems Regulator — the body established under section 40(1) of the Financial Services (Banking Reform) Act 2013 Section 417(1)
the period for consideration — the period of 3 months beginning with the day on which the appropriate regulator receives the application. This is subject to subsections (3) and (4) Section 309L(2)
the period for consideration — whichever of the following periods ends later— the period described in subsection (2), and the period within which the person’s application for recognition must be determined— in the case of an application under section 287, in accordance with section 290(1B); in the case of an application under section 288, in accordance with Article 17(7) of the EMIR regulation; in the case of an application under section 288A, in accordance with section 290(4A) Section 309L(3)
The period for consideration — the period of 3 months beginning with the date on which the regulator receives the application Section 63ZA(5)
the Powers Regulations — the Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115) Section 141A(5)
the PRA — the Prudential Regulation Authority; “PRA-authorised person” has the meaning given in section 2B(5); “PRA-regulated activity” has the meaning given in section 22A; “prescribed” (where not otherwise defined) means prescribed in regulations made by the Treasury Section 417(1)
The prohibited period — the period of 12 months beginning with the day on which the period mentioned in subsection (2) ends (whether or not the initial rules have been revoked before the end of the period mentioned there) Section 138M(6)
the RAO — the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Section 55XA(8)
the relevant area — — in the case of an undertaking established in the United Kingdom, the United Kingdom; in the case of an undertaking established in an EEA State, the EEA States Section 236A(6)
The relevant firm — — in a case falling within section 26, the person in breach of the general prohibition; in a case falling within section 26A or 27, the authorised person concerned Section 28A(8)
the relevant law and practice — — in relation to the United Kingdom, law and practice under which the carrying on of what is or would be the approved activity is authorised and supervised and other law and practice relevant to the carrying on of that activity, in relation to Gibraltar, law and practice under which the carrying on of what would be the corresponding activity is authorised and supervised and other law and practice relevant to the carrying on of that activity, and in relation to both the United Kingdom and Gibraltar, law and practice relevant to the objectives in paragraph 7(1) Schedule 2A, Part 2, paragraph 8(2)
The relevant legislation — — in section 31 (authorised persons), subsection (1)(b); section 34 (EEA firms); section 36 (persons authorised as a result of paragraph 1(1) of Schedule 5); section 37 (exercise of EEA rights by UK firms); Part 13 (incoming firms: intervention by FCA or PRA) and regulations made under that Part; sections 266 to 269 (which relate to schemes recognised under section 264); in Schedule 5 (persons concerned in collective investment schemes), paragraphs 1(1) and (2) and 2(1); the Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001; Part 4 (mergers) of the Undertakings for Collective Investment in Transferable Securities Regulations 2011; any other provision of primary or subordinate legislation which is repealed, revoked, amended or modified by the EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018; any other provision of primary or subordinate legislation which is repealed, revoked, amended or modified on IP completion day by regulations under section 8(1) of the European Union (Withdrawal) Act 2018 and which relates to— authorisation by virtue of Part 2 of Schedule 3 or by virtue of paragraph… Section 409(11)
the relevant markets — the markets for services provided by persons carrying on the regulated activity or approved activity (as appropriate) to which the regulations relate Schedule 2A, Part 2, paragraph 7(2)
the relevant markets — — the financial markets, the markets for regulated financial services (see section 1H(2)), and the markets for services that are provided by persons other than authorised persons in carrying on regulated activities but are provided without contravening the general prohibition Section 1F
the required notice period — such period as is specified in general rules made by the FCA Section 117F(6)
The required recipients — — the members of the scheme directly affected by the change, and such other persons as may be specified in general rules made by the FCA Section 117F(4)
the ring-fencing provisions — ring-fencing rules and the duty imposed as a result of section 142G Schedule 1ZB, Part 1, paragraph 19(1B)
The ring-fencing provisions — ring-fencing rules and the duty imposed as a result of section 142G Section 106B(8)
the ring-fencing provisions — ring-fencing rules and the duty imposed as a result of section 142G Section 142A(5)
The single market directives — — the capital requirements directive; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the markets in financial instruments directive; ... the insurance distribution directive; ... the UCITS directive; ... the alternative investment fund managers directive; and the mortgages directive Schedule 3, Part I, paragraph 1
The takeover provisions — — Part XIIIA of the Companies Act 1985; or in relation to Northern Ireland, Part XIVA of the Companies (Northern Ireland) Order 1986 Schedule 11, paragraph 12(3)
the transparency obligations directive — Directive 2004/109/ EC of the European Parliament and of the Council relating to the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market as amended by Directive 2010/73/EU of the European Parliament and of the Council of 24 November 2010 and by Directive 2010/78/EU of the European Parliament and of the Council of 24 November 2010 and by Directive 2013/50/EU of the European Parliament and of the Council of 22 October 2013; “transparency rules” has the meaning given by section 89A(5); “voteholder information” has the meaning given by section 89B(3) Section 103
the Tribunal — the Upper Tribunal; “trust scheme rules” has the meaning given in section 247(1); “UCITS” has the meaning given in section 236A; “UK authorised person” has the meaning given in section 191G(1); “the UK financial system” has the meaning given in section 1I; and “unit trust scheme” has the meaning given in section 237 Section 417(1)
The UCITS directive — the Directive of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (No 2009/65/EC) , as amended by Directive 2014/91/EU of the European Parliament and of the Council of 23rd July 2014 Schedule 3, Part I, paragraph 4B
the UK financial system — the financial system operating in the United Kingdom and includes— financial markets and exchanges, regulated activities (including regulated claims management activities), and other activities connected with financial markets and exchanges Section 1I
third country central counterparty — a person established in a country other than the United Kingdom who has been recognised by the Bank of England as a central counterparty pursuant to Article 25 of the EMIR Regulation Section 285(1)
third country CSD — a central securities depository, established in a country other than the United Kingdom, which is recognised by the Bank of England pursuant to Article 25 of the CSD regulation Section 285(1)
tied mortgage intermediary — a mortgage intermediary who acts on behalf of and under the full and unconditional responsibility of— only one mortgage creditor, only one group of mortgage creditors, or a number of mortgage creditors or groups of mortgage creditors which does not represent the majority of the market Section 423A(1)
Tier 2 third country central counterparty — a third country central counterparty which has been determined by the Bank of England to be systemically important or likely to become systemically important in accordance with Article 25.2a of the EMIR regulation Section 313(1)
trading venue — a multilateral trading facility, a regulated market or an organised trading facility. .. Section 313(1)
trading venue — a UK trading venue, as defined by Article 2(1)(16A) of the markets in financial instruments regulation Section 313D(1)
Transferable securities — anything which is a transferable security for the purposes of the markets in financial instruments regulation, other than money-market instruments for the purposes of that regulation which have a maturity of less than 12 months Section 102A(3)
transferee — a person to whom all or part of the business of the parent undertaking or the subsidiary undertaking could be transferred as a result of the exercise of the resolution powers Section 192JB(4)
transformer vehicle — an undertaking (“A”) which— is established for the purposes of carrying on the activities mentioned in subsection (2), or carries on those activities Section 284A(1)
transparency obligation — an obligation under qualifying transparency legislation Section 89K(5)
transparency obligation — an obligation under qualifying transparency legislation Section 89L(5)
Treasury's illegal money lending costs — the expenses incurred, or expected to be incurred, by the Treasury— in connection with providing grants, loans, or other financial assistance to any person (under section 333S or otherwise) for the purpose of taking action against illegal money lending; in undertaking or commissioning research relating to taking action against illegal money lending Section 333T(10)
UCITS — an undertaking established in the United Kingdom or an EEA State— with the sole object of collective investment, operating on the principle of risk-spreading, in transferable securities or other liquid financial assets mentioned in subsection (3), of capital raised from the public; and with units which are, at the request of holders, repurchased or redeemed, directly or indirectly, out of the undertaking's assets Section 236A(1)
UCITS-related direct EU legislation — — Commission Regulation (EU) 2010/583 of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards key investor information and conditions to be met when providing key investor information or the prospectus in a durable medium other than paper or by means of a website, or Commission Delegated Regulation (EU) 2016/438 of 17 December 2015 supplementing Directive 2009/65/EC of the European Parliament and of the Council with regard to obligations of depositaries Section 237(3)
UK authorised person — a body which is an authorised person and which— is incorporated in the United Kingdom; or is an unincorporated association formed under the law of any part of the United Kingdom Section 105(8)
UK authorised person — an authorised person who— is a body incorporated in, or an unincorporated association formed under the law of, any part of the United Kingdom; and is not a person authorised as a result of paragraph 1 of Schedule 5 , or a person treated as having a Part 4A permission to carry on a regulated activity by virtue of regulation 71 of the Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019; and “voting power” has the same meaning as in section 422 Section 191G(1)
UK firm — a person whose relevant office is in the UK and who has an EEA right to carry on activity in an EEA State other than the United Kingdom Schedule 3, Part I, paragraph 10
UK firm — a person whose head office is in the United Kingdom or is otherwise connected with the United Kingdom; and “EEA right” has the same meaning as in Schedule 3 Section 409(6)
UK institution — a body corporate incorporated in the United Kingdom Section 142A(7)
UK institution — an institution which is incorporated in, or formed under the law of any part of, the United Kingdom Section 339C(4)
UK market — a market that is situated or operating in the United Kingdom Section 89F(4)
UK regulator — the FCA or the PRA Schedule 2A, Part 1, paragraph 2(1)
UK regulator — the FCA or the PRA Section 55D(4)
UK regulator — the FCA or the PRA Section 55Q(9)
UK UCITS — a UCITS which is an authorised unit trust scheme , an authorised contractual scheme or an authorised open-ended investment company Section 237(3)
umbrella co-ownership scheme — an authorised contractual scheme which satisfies the conditions in subsection (6) Section 237(5)
unauthorised co-ownership AIF — a co-ownership scheme that— is an AIF, and is not authorised for the purposes of this Act by an authorisation order in force under section 261D(1) Section 261Z6(3)
Underwritten — underwritten by whatever means, including by acquisition or subscription, with a view to resale Schedule 11, paragraph 20(6)
unilateral change — an amendment, change or transfer within any of paragraphs (a) to (d) of subsection (1) Section 117B(7)
unit trust scheme — a collective investment scheme under which the property is held on trust for the participants , except that it does not include a contractual scheme Section 237(1)
units — the rights or interests (however described) of the participants in a collective investment scheme. “working day” has the meaning given in section 191G(2) Section 237(2)
unlawful communication — a communication in relation to which there has been a contravention of section 21(1) Section 30(1)
Voluntary jurisdiction rules — rules— made by the scheme operator for the purposes of this section; and specifying the activities to which they apply Section 227(3)
voteholder — a person who— holds voting rights in respect of any voting shares for the purposes of sections 89A to 89G (transparency rules), ... .. Section 89J(3)
voting shares — shares of an issuer to which voting rights are attached Section 89F(4)
Winding-up resolution — a resolution for voluntary winding up of an insurer effecting or carrying out contracts of long-term insurance Section 366(8)
Winding-up rules — rules made under section 411 of the 1986 Act (or Article 359 of the 1989 Order) Section 379(4)
worker — an individual who is— a worker within the meaning of section 230(3) of the Employment Rights Act 1996, or an agency worker Schedule 19B, Part 1, paragraph 3(5)
worker — a person— but for the purposes of paragraph (b), ignore section 92 of that Act. who is a worker for the purposes of Part 1 of the Pensions Act 2008, or to whom a provision of Part 1 of that Act applies as if the person were a worker because of a provision of Chapter 8 of that Part Section 137FA(8)
working day — any day other that a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom Section 103
write-down order — an order under section 377A (as it has effect in accordance with section 377H) Section 217ZA(7)