SCHEDULEConsequential amendments
PART 1The Financial Services and Markets Act 2000 (c. 8)
I11
The Financial Services and Markets Act 2000 M1 is amended as follows.
I22
In section 3E (memorandum of understanding) M2, omit subsection (2)(f) and (k).
I33
Omit section 34 (EEA firms) M3.
I44
Omit section 35 (Treaty firms) M4.
I55
In section 55A (application for permission) M5, omit subsection (4).
I66
In section 55Q (exercise of power in support of overseas regulator) M6, omit subsection (2).
I77
In section 55R (persons connected with an applicant) M7, omit subsections (2) to (3B).
I88
1
Section 55X (determination of applications: warning notices and decision notices) M8 is amended as follows.
2
In subsection (2), omit “(unless subsection (3) applies)”.
3
Omit subsection (3).
I99
In section 137A (the FCA's general rules) M9, omit subsection (5).
I1010
In section 137G (the PRA's general rules) M10, omit subsection (5).
I1111
In section 168 (appointment of persons to carry out investigations in particular cases) M11, in subsection (1)(b), omit “or under Schedule 4”.
I1212
Omit Part 13 (incoming firms: intervention by FCA or PRA), except for, in section 195 (exercise of power in support of overseas regulator), subsections (3) and (4).
I1313
Omit Part 13A (enhanced supervision of firms exercising rights under the Insurance Distribution Directive) M12.
I1414
In section 213 (the compensation scheme) M13, omit subsections (10) and (11).
I1515
In section 214 (provisions of the scheme: general), omit subsection (5).
I1616
In section 224 (scheme manager's power to inspect documents held by Official Receiver etc.), omit subsection (4).
I1717
In section 234K (duty to consider exercise of powers under Competition Act 1998) M14, in subsection (3), omit paragraph (f).
I1818
In section 313D (interpretation of Part 18A) M15, in subsection (1), in the definition of “institution”, omit from “but does not include” to the end.
I1919
Omit section 368 (winding-up petitions: EEA and Treaty firms) M16.
I2020
1
Section 425 (expressions relating to authorisation elsewhere in the single market) M17 is amended as follows.
2
Omit subsection (2).
3
In the heading, omit “elsewhere”.
I2121
In Schedule 1ZA (the Financial Conduct Authority) M18, in Part 3 (penalties and fees), omit paragraph 24(a) (together with the final “or”).
I2222
In Schedule 1ZB (the Prudential Regulation Authority) M19, in Part 3 (penalties and fees), omit paragraph 32(a) (together with the final “or”).
I2323
1
Schedule 6 (threshold conditions) is amended as follows.
2
Omit Part 1F (authorisation under Schedule 3) M20.
3
Omit Part 1G (authorisation under Schedule 4) M21.
PART 2Other primary legislation
Agricultural Credits Act 1928 (c. 43)I2424
In section 5 of the Agricultural Credits Act 1928 M22 (agricultural charges on farming stock and assets), in the definition of “Bank” in subsection (7), omit paragraph (c).
Solicitors Act 1974 (c. 47)I2525
In section 87 of the Solicitors Act 1974 M23 (interpretation)—
a
in the definition of “bank” in subsection (1)—
i
for “, a person” substitute “
or a person
”
;
ii
omit from “or an EEA firm” to the end;
b
in subsection (1A), omit paragraphs (c) (together with the final “or”) and (d).
Judicial Pensions Act 1981 (c. 20)I2626
In section 33A of the Judicial Pensions Act 1981 M24 (voluntary contributions)—
a
in subsection (9)—
i
in the definition of “authorised provider”, omit paragraphs (b) (together with the final “or”) and (c);
ii
in the definition of “insurer”, omit paragraph (b);
b
omit subsections (9B) to (9E).
Administration of Justice Act 1985 (c. 61)I2727
In section 21 of the Administration of Justice Act 1985 M25 (professional indemnity and compensation), in subsection (5), omit paragraphs (b) (together with the final “or”) and (c).
Housing Act 1985 (c. 68)I2828
In section 622 of the Housing Act 1985 M26 (minor definitions: general), in subsection (1)—
a
in the definition of “authorised deposit taker”, omit paragraph (b) and the “or” before it;
b
in the definition of “authorised insurer”, omit paragraph (b) and the “or” before it;
c
in the definition of “authorised mortgage lender”, omit paragraphs (b) (together with the final “or”) and (c).
Building Societies Act 1986 (c. 53)I2929
1
The Building Societies Act 1986 M27 is amended as follows.
2
In section 9A (restrictions on certain transactions), in subsection (5), omit paragraph (b) and the “or” before it.
3
In section 98 (transfers of business: supplementary provisions), in subsection (3), omit paragraph (c)(ii) and the “or” before it.
Access to Medical Reports Act 1988 (c. 28)I3030
In section 2 of the Access to Medical Reports Act 1988 M28 (interpretation), in the definition of “insurer” in subsection (1), omit paragraph (b).
Road Traffic Act 1988 (c. 52)I3131
In section 95 of the Road Traffic Act 1988 M29 (notification of refusal of insurance on grounds of health), in subsection (3), omit paragraph (b) and the “or” before it.
Social Security Administration Act 1992 (c. 5)I3232
In section 109B of the Social Security Administration Act 1992 M30 (power to require information), in subsection (7)—
a
in the definition of “bank”, omit paragraph (b) (but not the final “or”);
b
in the definition of “insurer”, omit paragraph (b) and the “or” before it.
Judicial Pensions and Retirement Act 1993 (c. 8)I3333
1
The Judicial Pensions and Retirement Act 1993 M31 is amended as follows.
2
In section 10 (additional benefits from voluntary contributions)—
a
in subsection (8)—
i
in the definition of “authorised provider”, omit paragraphs (b) (together with the final “or”) and (c);
ii
in the definition of “insurer”, omit paragraph (b);
b
omit subsections (8B) to (8E).
3
In Schedule 2 (transfer of accrued benefits), in the definition of “authorised insurer” in paragraph 1(1), omit paragraph (ii) and the “or” before it.
Social Security (Recovery of Benefits) Act 1997 (c. 27)I3434
In Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 M32 (compensation payments), in paragraph 5, omit sub-paragraph (2)(b) at the “or” before it.
Bank of England Act 1998 (c. 11)I3535
1
The Bank of England Act 1998 M33 is amended as follows.
2
In section 17 (power to obtain information), in subsection (7), omit paragraph (b) and the “or” before it.
3
In Schedule 2 (cash ratio deposits), in paragraph 1, omit sub-paragraph (1A)(d) and the “or” before it.
Trustee Act 2000 (c. 29)I3636
In section 29 of the Trustee Act 2000 M34 (remuneration of certain trustees), in subsection (3A), omit paragraph (b) and the “or” before it.
Anti-terrorism, Crime and Security Act 2001 (c. 24)I3737
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 M35 (forfeiture of terrorist property), in paragraph 10R (meaning of “bank”), omit sub-paragraph (2)(c).
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)I3838
In Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003 M36 (recovery of NHS charges: exempted payments), in paragraph 4, omit sub-paragraph (b) and the “or” before it.
Legal Services Act 2007 (c. 29)I3939
In section 64 of the Legal Services Act 2007 M37 (modification of the Board's functions under section 62(1)(b)), in the definition of “authorised insurer” in subsection (5), omit paragraphs (b) and (c).
Dormant Bank and Building Society Accounts Act 2008 (c. 31)I4040
In section 7 of the Dormant Bank and Building Society Accounts Act 2008 M38 (definition of “bank”)—
a
in subsection (2), omit paragraph (b);
b
in subsection (3), omit “or firm”, wherever occurring.
Terrorist Asset-Freezing etc. Act 2010 (c. 38)I4141
In section 41 of the Terrorist Asset-Freezing etc. Act 2010 M39 (meaning of “relevant institution”), in subsection (1), omit paragraph (b) (but not the final “or”).
Charities Act 2011 (c. 25)I4242
In section 109 of the Charities Act 2011 M40 (dormant bank accounts: supplementary), in subsection (3), omit paragraph (c) (but not the final “or”).
Health and Social Care Act 2012 (c. 7)I4343
In section 145 of the Health and Social Care Act 2012 M41 (borrowing), in subsection (3), omit paragraph (b) and the “or” before it.
Welfare Reform and Work Act 2016 (c. 7)I4444
In section 19 of the Welfare Reform and Work Act 2016 M42 (section 18: further provision), in subsection (8)—
a
in the definition of “deposit taker”, omit paragraph (b) and the “or” before it;
b
in the definition of “insurer”, omit paragraph (b) and the “or” before it.
PART 3Secondary legislation
Social Security (Payments on account, Overpayments and Recovery) Regulations 1988I4545
In regulation 10 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M43 (conversion of payments made in a foreign currency), in paragraph (2), omit sub-paragraph (b) and the “or” before it.
Social Landlords (Additional Purposes or Objects) Order 1999I4646
In article 3 of the Social Landlords (Additional Purposes or Objects) Order 1999 M44 (priority of mortgages), in the definition of “qualifying lending institution” in paragraph (3) (other than as that definition applies to bodies eligible for registration as social landlords by the Housing Corporation in England), omit paragraph (c) and the “or” before it.
National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000I4747
In regulation 2 of the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 M45 (interpretation), in the definition of “insurer” in paragraph (1), omit paragraph (b) and the “or” before it.
Pig Industry Restructuring (Capital Grant) Scheme 2001I4848
In paragraph 2 of the Pig Industry Restructuring (Capital Grant) Scheme 2001 M46 (interpretation), in the definition of “bank” in sub-paragraph (1), omit paragraph (ii).
Financial Services and Markets Act 2000 (Regulated Activities) Order 2001I4949
1
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M47 is amended as follows.
2
In article 6 (sums paid by certain persons), in paragraph (1), omit sub-paragraph (a)(iii).
3
Omit article 11 (Community co-insurers).
4
In article 39B (claims management on behalf of an insurer etc.), in paragraph (2)—
a
omit sub-paragraph (a)(iii) (but not the final “or”);
b
omit sub-paragraph (b)(ii) (but not the final “or”);
c
in sub-paragraph (b)(iii), omit “and not falling within paragraph (ii)”.
Financial Services and Markets Act 2000 (Stakeholder Products) Regulations 2004I5050
In regulation 2 of the Financial Services and Markets Act 2000 (Stakeholder Products) Regulations 2004 M48 (interpretation), in paragraph (1)—
a
in the definition of “relevant contract of insurance”, omit paragraph (b)(ii) and the “or” before it;
b
in the definition of “deposit-taker”, omit paragraph (b) and the “or” before it;
c
in the definition of “insurer”, omit paragraph (b) and the “or” before it.
North Korea (United Nations Measures) Order 2006I5151
In article 2 of the North Korea (United Nations Measures) Order 2006 M49 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) and the “and” before it.
Iran (Financial Sanctions) Order 2007I5252
In article 2 of the Iran (Financial Sanctions) Order 2007 M50 (interpretation), in the definition of “relevant institution” in paragraph (1), omit from “and an EEA firm” to the end.
Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007I5353
In regulation 34 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 M51 (security given under regulation 33(2)(a): requirement for endorsement), in paragraph (5)—
a
in the definition of “authorised insurance company”, omit paragraph (b);
b
in the definition of “authorised deposit-taker”, omit paragraph (b).
Companies (Authorised Minimum) Regulations 2008I5454
In regulation 4 of the Companies (Authorised Minimum) Regulations 2008 M52 (the appropriate spot rate of exchange), in paragraph (3), omit sub-paragraph (b) and the “or” before it.
Zimbabwe (Financial Sanctions) Regulations 2009I5555
In regulation 2 of the Zimbabwe (Financial Sanctions) Regulations 2009 M53 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) and the “and” before it.
Companies (Authorised Minimum) Regulations 2009I5656
In regulation 4 of the Companies (Authorised Minimum) Regulations 2009 M54 (the appropriate spot rate of exchange), in paragraph (3), omit sub-paragraph (b) and the “or” before it.
Somalia (Asset-Freezing) Regulations 2010I5757
In regulation 2 of the Somalia (Asset-Freezing) Regulations 2010 M55 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Libya (Financial Sanctions) Order 2011I5858
In article 2 of the Libya (Financial Sanctions) Order 2011 M56 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Egypt (Asset-Freezing) Regulations 2011I5959
In regulation 2 of the Egypt (Asset-Freezing) Regulations 2011 M57 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Tunisia (Asset-Freezing) Regulations 2011I6060
In regulation 2 of the Tunisia (Asset-Freezing) Regulations 2011 M58 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Iran (Asset-Freezing) Regulations 2011I6161
In regulation 2 of the Iran (Asset-Freezing) Regulations 2011 M59 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Afghanistan (Asset-Freezing) Regulations 2011I6262
In regulation 2 of the Afghanistan (Asset-Freezing) Regulations 2011 M60 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011I6363
In the Schedule to the Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011 M61, in paragraph 2, omit sub-paragraph (4)(a)(iii) (but not the final “and”).
ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011I6464
In regulation 2 of the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011 M62 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011I6565
In article 4 of the Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 M63 (bank accounts of licensed bodies), in paragraph (4), omit sub-paragraph (a)(iii) (but not the final “and”).
Syria (European Union Financial Sanctions) Regulations 2012I6666
In regulation 2 of the Syria (European Union Financial Sanctions) Regulations 2012 M64 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Guinea-Bissau (Asset-Freezing) Regulations 2012I6767
In regulation 2 of the Guinea-Bissau (Asset-Freezing) Regulations 2012 M65 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Iraq (Asset-Freezing) Regulations 2012I6868
In regulation 2 of the Iraq (Asset-Freezing) Regulations 2012 M66 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Republic of Guinea (Asset-Freezing) Regulations 2012I6969
In regulation 2 of the Republic of Guinea (Asset-Freezing) Regulations 2012 M67 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Democratic Republic of the Congo (Asset-Freezing) Regulations 2012I7070
In regulation 2 of the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 M68 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Eritrea (Asset-Freezing) Regulations 2012I7171
In regulation 2 of the Eritrea (Asset-Freezing) Regulations 2012 M69 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Lebanon and Syria (Asset-Freezing) Regulations 2012I7272
In regulation 2 of the Lebanon and Syria (Asset-Freezing) Regulations 2012 M70 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Belarus (Asset-Freezing) Regulations 2013I7373
In regulation 2 of the Belarus (Asset-Freezing) Regulations 2013 M71 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England) Regulations 2013I7474
In regulation 4 of the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England) Regulations 2013 M72 (power to require information), in paragraph (10)—
a
in the definition of “bank”, omit paragraph (b) (but not the final “or”);
b
in the definition of “insurer”, omit paragraph (e) and the “or” before it.
Civil Legal Aid (Statutory Charge) Regulations 2013I7575
In regulation 19 of the Civil Legal Aid (Statutory Charge) Regulations 2013 M73 (interest on damages), in paragraph (4)—
a
in sub-paragraph (b), omit “either”;
b
omit sub-paragraph (b)(ii) (but not the final “and”) and the “or” before it.
Local Government Pension Scheme Regulations 2013I7676
In Part 3 of Schedule 2 to the Local Government Pension Scheme Regulations 2013 M74 (scheme employers), in paragraph 7, omit sub-paragraph (b) (but not the final “or”).
Ukraine (European Union Financial Sanctions) Regulations 2014I7777
In regulation 2 of the Ukraine (European Union Financial Sanctions) Regulations 2014 M75 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Central African Republic (European Union Financial Sanctions) Regulations 2014I7878
In regulation 2 of the Central African Republic (European Union Financial Sanctions) Regulations 2014 M76 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014I7979
In regulation 2 of the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014 M77 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014I8080
In regulation 4 of the Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014 M78 (power to require information), in the definition of “bank” in paragraph (11), omit paragraph (b) (but not the final “or”).
Sudan (European Union Financial Sanctions) Regulations 2014I8181
In regulation 2 of the Sudan (European Union Financial Sanctions) Regulations 2014 M79 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014I8282
In regulation 2 of the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014 M80 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Yemen (European Union Financial Sanctions) Regulations 2014I8383
In regulation 2 of the Yemen (European Union Financial Sanctions) Regulations 2014 M81 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015I8484
In regulation 2 of the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 M82 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Burundi (European Union Financial Sanctions) Regulations 2015I8585
In regulation 2 of the Burundi (European Union Financial Sanctions) Regulations 2015 M83 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Iran (European Union Financial Sanctions) Regulations 2016I8686
In regulation 2 of the Iran (European Union Financial Sanctions) Regulations 2016 M84 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Libya (European Union Financial Sanctions) Regulations 2016I8787
In regulation 2 of the Libya (European Union Financial Sanctions) Regulations 2016 M85 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016I8888
In regulation 6 of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016 M86 (separate bank account), in paragraph (2), omit sub-paragraph (b).
Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017I8989
In regulation 2 of the Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017 M87 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Judicial Pensions (Fee-Paid Judges) Regulations 2017I9090
In regulation 70 of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 M88 (interpretation), in the definition of “authorised insurer” in paragraph (1), omit paragraph (b) and the “or” before it.
Republic of Mali (European Union Financial Sanctions) Regulations 2017I9191
In regulation 2 of the Republic of Mali (European Union Financial Sanctions) Regulations 2017 M89 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
Venezuela (European Union Financial Sanctions) Regulations 2017I9292
In regulation 2 of the Venezuela (European Union Financial Sanctions) Regulations 2017 M90 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
F3Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020I9393
In article 2 of the F1Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 (interpretation), in paragraph (2)—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
omit sub-paragraph (b) and the “and” before it.
Burma (European Union Financial Sanctions) Regulations 2018I9494
In regulation 2 of the Burma (European Union Financial Sanctions) Regulations 2018 M91 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).