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PRACTICE NOTES
Scope of this Practice Note This Practice Note discusses the activities that relate to the handling of dormant assets under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and outlines and introduces the manner in which participating institutions may handle dormant assets. It discusses the expansion of the dormant accounts regime to other dormant assets. It provides an overview of the dormant assets scheme (DAS) (as amended) and describes the roles that the Prudential Regulation Authority (PRA), the Financial Conduct Authority (FCA) and the Financial Ombudsman Service play in regulating those who handle dormant assets. Background to the Dormant Assets Scheme: Dormant Bank and Building Society Accounts Act 2008 The Dormant Bank and Building Society Accounts Act 2008 (DBBSA 2008) originally provided the legislative framework for a Dormant Assets Scheme (DAS) designed to enable certain bank and building society account balances to be reinvested for the benefit of the community. Under the DBBSA 2008, account holders retain the right of repayment of such balances against the reclaim fund to which they have been
PRACTICE NOTES
This Practice Note provides an overview of the regulated activities relating to information, including providing credit information services (article 89A), providing credit references (article 89B) and operating a pensions dashboard service (article 89BA) under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO). It explains what constitutes each activity, the key exclusions and exemptions, authorisation requirements and the Financial Conduct Authority’s (FCA’s) supervisory approach to credit reference agencies (CRAs) and credit information service providers (CISPs). Regulated activities—general Section 19(1) of the Financial Services and Markets Act 2000 (FSMA 2000) imposes a general prohibition on carrying on regulated activities in the UK unless the person is either authorised or exempt. In accordance with FSMA 2000, s 22, for an activity to constitute a regulated activity, it must be carried on 'by way of business'. Under the FCA’s Perimeter Guidance Manual (PERG) (PERG 2.3.3 G), whether an activity is carried on by way of business depends on factors such as its scale, degree of continuity, the presence of a commercial element and the nature of the particular
PRACTICE NOTES
This Practice Note explains the scope of credit broking under Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544, art 36A (RAO). It sets out the six credit broking activities, the exclusions and exemptions, the limited permission route for secondary broking, the core Financial Conduct Authority (FCA) Handbook obligations, credit broking fees and enforcement. Regulated activities—general Section 19(1) of the Financial Services and Markets Act 2000 (FSMA 2000) imposes a general prohibition on carrying on regulated activities in the UK unless the person is either authorised or exempt. In accordance with FSMA 2000, s 22, for an activity to constitute a regulated activity, it must be carried on 'by way of business'. According to the FCA’s Perimeter Guidance Manual (PERG) (PERG 2.3.3 G), whether an activity is carried on by way of business depends on factors such as its scale, degree of continuity, the presence of a commercial element and the nature of the particular regulated activity. For further information, see Practice Note: What does 'by way of business' mean? In addition, the general prohibition
PRACTICE NOTES
Background to this Practice Note Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), a person cannot carry out regulated activities in the UK, or purport to do so, unless that person is authorised or exempt. This is known as the general prohibition. In this Practice Note, references to exemptions relate to persons who are exempt from the need to apply for authorisation from the Prudential Regulation Authority (PRA) or Financial Conduct Authority (FCA) to carry out regulated activities. For more information about the general prohibition, see Practice Note: The general prohibition and implications of its breach. For more information about regulated activities, see Practice Note: What are regulated activities? For information about the territorial scope of the general prohibition and what it means to carry on regulated activities by way of business, see Practice Notes: Territorial scope of the general prohibition and What does 'by way of business' mean? There are various exemptions to the general prohibition contained in FSMA 2000, s 19 which are set out under the: • FSMA
FLOWCHARTS
The defined terms in the flowchart shall have the following meaning: • Appointed Representative Regulations—the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001, SI 2001/1217 • Business Order—the Financial Services and Markets Act 2000 (Carrying on Regulated
GLOSSARY
An activity which involves a specified investment and specified activity as defined in the Financial Services and Markets Act 2000 (Regulated Activities Order) 2001.
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES TO MULTI-EMPLOYER DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note covers regulated apportionment arrangements (RAAs), one of three statutory methods by which the buy-out deficit in an underfunded defined benefit (DB) occupational pension scheme (commonly known as a section 75 debt/employer debt/statutory debt) can be apportioned among the participating employers upon the occurrence of an employment-cessation event. In particular, it looks at the statutory requirements that must be met to put in place an RAA and discusses how employers can earn regulatory approval from the Pensions Regulator (TPR) and avoid objection from the Pension Protection Fund (PPF). The statutory conditions that must be met by RAAs are set out in the Occupational Pension Schemes (Employer Debt) Regulations 2005 (the Employer Debt Regs), SI 2005/678, reg 7A and the definition of an RAA is contained in the Employer Debt Regs, SI 2005/678, reg 2(1). TPR has also issued guidance which provides further information on its approach to approval of an RAA. Note there are two other types of apportionment arrangements which employers
PRACTICE NOTES
This Practice Note explains what constitutes regulated entertainment together with permitted exceptions within the rules, the general principles for consideration by a licensing authority when considering such an application. It also sets out when specific exemptions from regulated entertainment will apply for those granted to health care providers, local authorities and school proprietors under the cross activity exemption. The provision of regulated entertainment is a licensable activity and a qualifying club activity under the Licensing Act 2003 (LA 2003). To provide regulated entertainment, premises will require one or more of the following authorisations: • a premises licence, see Practice Note: Licensing of alcohol and entertainment • a club premises certificate, see Practice Note: Licensing of alcohol and entertainment • a temporary event notice, see Practice Note: Temporary Event Notices (TENs) What constitutes the provision of regulated entertainment? The types of entertainment specified in LA 2003 will not be licensable, unless the following conditions are satisfied: • the entertainment is provided: ◦ for members of the public or
GLOSSARY
A business operation with the potential to have a significant impact on the environmental which is therefore regulated under the Environmental Permitting (England and Wales) Regulations 2010.
PRACTICE NOTES
Scope of this Practice Note This Practice Note provides information on the regulated activities of entering as provider into funeral plan contracts and carrying out funeral plan contracts as provider under article 59 .of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO), as has been amended from time to time. It also touches on the Financial Conduct Authority’s (FCA)’s regulatory framework in relation to those carrying out these regulated funeral plan activities. Entering into funeral plan contracts Under RAO, SI 2001/544, art 59(1), entering as provider into a funeral plan contract has been a regulated activity. According to the FCA, the ‘provider’ is the person to whom the pre-payments are made and who undertakes to provide, or secure the provision of, the funeral at some future point. They may be the funeral director or a third party who arranges for another person to provide the funeral. A funeral plan contract is a contract where: • a person (‘the customer’) makes one or more payments to another person (‘the provider’), and • the provider undertakes to provide, or secure that
PRACTICE NOTES
This Practice Note provides an overview of the structure of regulated home purchase plans (including Islamic finance), equity release schemes and regulated sale and leaseback agreements. For guidance on the regulation of home finance transactions, see Practice Note: Regulated mortgage contracts and home finance transactions defined. Regulated home purchase plans A regulated home purchase plan (HPP) is similar to a mortgage and provides home buyers with finances compatible with Islamic law by avoiding the collection and payment of interest. HPPs are regulated by the Financial Conduct Authority (FCA). Under an HPP: • the provider buys a qualifying interest in land or an undivided share of a qualifying interest in land which is held on trust for the provider and the home purchaser • the home purchaser agrees to buy the property from the provider at the end of a specified period • the home purchaser is entitled to live in the property during that period A tenancy which, when it is granted, forms part of a regulated home purchase plan (within the meaning
GLOSSARY
This is a type of regulated investment defined in article 63F(3) of the Regulated Activities Order