The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023

1Citation, commencement and extent

2Interpretation

PART 2Amendment of the Financial Promotion Order

3Amendment of the Financial Promotion Order

4Amendment of article 2 (interpretation: general)

5Amendment of article 51 (associations of high net worth or sophisticated investors)

6Amendment of article 61 (sale of goods and supply of services)

7New article 73ZA

8Amendment to Schedule 1, Part 1 (controlled activities)

9Amendment to Schedule 1, Part 2 (controlled investments)

10Application and modification of primary legislation

PART 3Transitional provision

11Qualifying cryptoasset financial promotions related rules and guidance made by the FCA

SCHEDULEApplication and modification of primary legislation

1Application without modification of provisions of the Act

2Modification to section 55L (imposition of requirements by FCA)

3Modification to section 55P (prohibitions and restrictions)

4Modification to section 55Q (exercise of power in support of overseas regulator)

5Modification to section 55R (persons connected with an applicant)

6Modification to section 55Y (exercise of own-initiative power: procedure)

7Modification to section 55Z3 (right to refer matters to the Tribunal)

8Modification to section 137R (financial promotion rules)

9Modification to section 137S (financial promotion rules: directions given by FCA)

10Modification to section 138A (modification or waiver of rules)

11Modification to section 138B (publication of directions under section 138A)

12Modification to section 138D (actions for damages)

13Modification to section 139A (power of the FCA to give guidance)

14Modification to section 165 (regulators’ power to require information: authorised persons etc.)

15Modification to section 166 (reports by skilled persons)

16Modification to section 167 (appointment of persons to carry out general investigations)

17Modification to section 176 (entry of premises under warrant)

18Modification to section 205 (public censure)

19Modification to section 206 (financial penalties)

20Modification to section 207 (proposal to take disciplinary measures)

21Modification to section 208 (decision notice)

22Modification to section 209 (publication)

23Modification to section 384 (power of the FCA or PRA to require restitution)

Draft Order laid before Parliament under section 429(3) of the Financial Services and Markets Act 2000, for approval by resolution of each House of Parliament.

2023 No.

Financial Services And Markets

The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023

Made***

Coming into force***

The Treasury, in exercise of the powers conferred by section 21(5), (6), (9), (10) and (11) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 20001, make the following Order.

In accordance with section 429(3) and (4) of the Financial Services and Markets Act 2000, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.