Financial Services and Markets Act 2000
The Financial Services and Markets Act 2000 is an act of the Parliament of the United Kingdom that created the Financial Services Authority as a regulator for insurance, investment business and banking, and the Financial Ombudsman Service to resolve disputes as a free alternative to the courts.
The act was considerably amended by the Financial Services Act 2012, the Bank of England and Financial Services Act 2016 and the Financial Services and Markets Act 2023.
Contents
Some of the key sections of this act are:;Part I The Regulator
- Section 1A outlines the regulatory objectives of the Financial Conduct Authority: market confidence; financial stability public awareness; the protection of consumers; and the reduction of financial crime.
- Section 2A establishes the Prudential Regulation Authority
- Section 19 requires firms to be authorised to conduct regulated activities.
- Section 21 makes it a criminal offence to issue a financial promotion in the United Kingdom unless it is issued or approved by an authorised firm or exempt via the Financial Promotions Order.
;Part IVA Permission to Carry on Regulated Activities
;Part V Performance of Regulated Activities
- Section 59 states that a person cannot carry out certain controlling functions in a firm without approval by the FSA.
- Section 71 allows private persons to sue a firm for damages if a person performing a controlled function is not approved.
- Section 106 covers banking business transfer schemes.
- Section 118 concerns market abuse.
;Part IX Hearings and Appeals
- Section 132 establishes the Financial Services and Markets Tribunal.
- Sections 165 and 165A give the FCA and PRA power to require certain information.
;Part XIII Incoming Firms: Intervention by Authority
;Part XIV Disciplinary Measures
;Part XV The Financial Services Compensation Scheme
- Section 213 establishes the Financial Services Compensation Scheme.
;Part XVI The Ombudsman Scheme
- Section 225 establishes the Financial Ombudsman Service.
;Part XVIII Recognised Investment Exchanges and Clearing Houses
;Part 18A SUSPENSION AND REMOVAL OF FINANCIAL INSTRUMENTS FROM TRADING
;Part XIX Lloyd's
;Part XX Provision of Financial Services by Members of the Professions
;Part XXI Mutual Societies
;Part XXII Auditors and Actuaries
;Part XXIII Public Record, Disclosure of Information and Co-operation
;Part XXIV Insolvency
;Part XXV Injunctions and Restitution
;Part XXVI Notices
;Part XXVII Offences
- Section 397 makes it a criminal offence to mislead a market or investors.
;Part XXIX Interpretation
;Part XXX Supplemental