Financial Services (Banking Reform) Act 2013 (strengthened depositor protection)
At a glance
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 6
- Director or Officer 2
- Trader 1
- Applicant 1
- Responsible Person 1
Plus 24 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesMentioned in related content
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
Traders also bound by 219 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 952 duties
- TULRCA 1992 1992 39 duties
- Companies Act 2006 2006 39 duties
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 2013 39 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 33 duties
Applicants also bound by 146 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Human Medicines Regulations 2012 2012 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Responsible Persons also bound by 56 other Acts (top 5 shown)
- MH(CT)(S)A 2003 2003 45 duties
- Climate Change Levy (General) Regulations 2001 2001 24 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 22 duties
- The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 1995 21 duties
- The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 1995 16 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — Ring-fencing
Ring-fencing of certain activities
Unlimited fine- Breach of banking ring-fencing requirements Any Person
Independent review of operation of legislation relating to ring-fencing
Other duties (1) — Crown / regulator
- HM Treasury must appoint an independent panel to review ring-fencing laws Crown / Minister / Government department
PRA review of proprietary trading
Other duties (1) — Crown / regulator
- PRA must review and report on bank proprietary trading risks Statutory regulator
Independent review of proprietary trading
Other duties (1) — Crown / regulator
- The Treasury must appoint an independent panel to review proprietary trading Crown / Minister / Government department
Right to obtain documents and information
- Provide documents and information to a review panel Any Person
Browse 7 other sections in this Part — procedural / definitional / commencement
Objectives of Prudential Regulation Authority
Modification of objectives of Financial Conduct Authority
Amendment of PRA power of direction
PRA annual report
Ring-fencing transfer schemes
Building societies: power to make provision about ring-fencing
Reviews of proprietary trading: interpretation
Part 2 — Depositor preference and the Financial Services Compensation Scheme
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 3 — Bail-in stabilisation option
Browse 1 other section in this Part — procedural / definitional / commencement
Part 4 — Conduct of persons working in financial services sector
Variation of approval
- Apply to change or remove conditions on your senior manager approval Any Person
Offence relating to a decision causing a financial institution to fail
7 years imprisonment- Cause a financial institution to fail through reckless decision-making Any Person
Institution of proceedings
Other duties (1) — Crown / regulator
- Regulators and Treasury must follow specific rules when starting prosecutions Statutory regulator
Browse 18 other sections in this Part — procedural / definitional / commencement
Functions for which approval is required
Senior management functions
Statements of responsibilities
Vetting by relevant authorised persons of candidates for approval
Determination of applications for approval
Power to give approval subject to conditions or for limited period
Changes in responsibilities of senior managers
Duty to notify regulator of grounds for withdrawal of approval
Statement of policy
Extension of limitation periods for imposing sanctions
Certification of employees by relevant authorised persons
Rules of conduct
Requirement to notify regulator of disciplinary action
Definition of “misconduct”
Meaning of “relevant authorised person”
Recording information about senior managers
Consequential amendments relating to Part 4
Section 36: interpretation
Part 5 — Regulation of payment systems
Designation criteria
Other duties (1) — Crown / regulator
- The Treasury must follow specific criteria when designating a payment system Crown / Minister / Government department
Procedure
Other duties (1) — Crown / regulator
- HM Treasury must consult and notify before designating a payment system Crown / Minister / Government department
Amendment of designation order
Other duties (1) — Crown / regulator
- The Treasury must consult and notify before amending payment system orders Crown / Minister / Government department
Revocation of designation orders
Other duties (1) — Crown / regulator
- HM Treasury must follow specific steps to revoke a payment system designation Crown / Minister / Government department
Publication
Other duties (1) — Crown / regulator
- The Treasury must publish payment system designation orders Crown / Minister / Government department
Regulator's general duties in relation to payment systems
Other duties (1) — Crown / regulator
- PSR must promote competition, innovation, and user interests in payment systems Statutory regulator
Restrictions on exercise of functions under Part 4 of the Enterprise Act 2002
Other duties (1) — Crown / regulator
- Regulators must consult and coordinate on payment system oversight Statutory regulator
Provision of information and assistance to a CMA group
Other duties (1) — Crown / regulator
- Payment Systems Regulator must assist CMA with market investigations Statutory regulator
Complaints: guidance
Other duties (1) — Crown / regulator
- Payment Systems Regulator must provide guidance on making complaints Statutory regulator
Warning notices
Other duties (1) — Crown / regulator
- PSR must issue a warning notice before imposing sanctions Statutory regulator
Investigations: general
Other duties (1) — Crown / regulator
- Payment Systems Regulator must notify businesses of investigations Statutory regulator
Enforcement of information and investigation powers
2 years imprisonment- Interfere with financial investigations or provide false info Director or Officer
Offences relating to disclosure of confidential information
2 years imprisonment- Unlawfully disclosing or using confidential financial information Any Person
Treasury approval
Other duties (1) — Crown / regulator
- Treasury must approve or reject PSR standards instruments within four weeks Crown / Minister / Government department
Memorandum of understanding
Other duties (1) — Crown / regulator
- Financial regulators must maintain and publish a cooperation agreement Statutory regulator
Power of Bank to require Regulator to refrain from specified action
Amended 2 timesPower of FCA to require Regulator to refrain from specified action
Amended 3 timesPower of PRA to require Regulator to refrain from specified action
Amended 2 timesRecommendations by Treasury in connection with general duties
Amended 2 timesMatters to consider when imposing generally applicable requirements
Amended 2 timesRegulator's general duty to consult
Amended 2 timesConsultation in relation to generally applicable requirements
Amended 8 timesRequirements in connection with public consultations
Amended 8 timesDuty of Regulator to review generally applicable requirements
Amended 8 timesOther duties (1) — Crown / regulator
- PSR must regularly review its requirements Statutory regulator
Statement of policy relating to review of requirements
Amended 8 timesOther duties (1) — Crown / regulator
- PSR must publish policy on how it reviews payment system requirements Statutory regulator
Requirement to review specified requirements
Amended 8 timesReport on certain reviews
Amended 8 timesOther duties (1) — Crown / regulator
- Payment Systems Regulator must report to the Treasury on requirement reviews Statutory regulator
Power of Treasury to require the imposition of generally applicable requirements
Amended 8 timesConsultation with the FCA Cost Benefit Analysis Panel
Amended 8 timesStatement of policy in relation to cost benefit analyses
Amended 8 timesStatement of policy on panel appointments
Amended 8 timesOther duties (1) — Crown / regulator
- Payment Systems Regulator must publish policy on panel appointments Statutory regulator
Independent inquiries
Amended 1 timeInvestigations into regulatory failure
Amended 1 timeCompetition scrutiny
Amended 1 timeInternational trade obligations
Amended 1 timeOther duties (1) — Crown / regulator
- PSR must notify Treasury of risks to international trade obligations Statutory regulator
Relationship with Part 8 of the Payment Services Regulations 2017
Amended 6 timesExemption from liability in damages for FCA and PRA
Amended 1 timeInterpretation of Part
Amended 5 timesBrowse 50 other sections in this Part — procedural / definitional / commencement
Overview
The Payment Systems Regulator
Meaning of “payment system”
Participants in payment systems etc
Designation orders
The competition objective
The innovation objective
The service-user objective
Regulatory principles
Directions
System rules
Power to require granting of access to payment systems
Variation of agreements relating to payment systems
Power to require disposal of interest in payment system
The Regulator's functions under Part 4 of the Enterprise Act 2002
The Regulator's functions under the Competition Act 1998
Duty to consider exercise of powers under Competition Act 1998
Function of keeping markets under review
Exclusion of general duties
Concurrent competition powers: supplementary provision
Amendments relating to Regulator's competition powers
Complaints by representative bodies
Response by Regulator
Meaning of “compliance failure”
Publication of compliance failures etc
Penalties
Injunctions
Appeals: general
Appeals to Competition Appeal Tribunal
Appeals in relation to penalties
Appeals to Competition and Markets Authority
Enforcement of requirement to dispose of interest in payment system
Power to obtain information or documents
Reports by skilled persons
Appointment of persons to conduct investigations
Powers of persons appointed under section 83
Information and documents: supplemental provisions
Admissibility of statements made to investigators
Entry of premises under warrant
Retention of documents taken under section 88
Restrictions on disclosure of confidential information
Exemptions from section 91
Information received from Bank of England
Disclosure of information by Bank to Regulator
Guidance
Reports
Technical standards
Standards instruments
Application of section 104 of this Act and Part 9A of the Financial Services and Markets Act 2000
Duty of regulators to ensure co-ordinated exercise of functions
Part 6 — Special administration for operators of certain infrastructure systems
Financial market and cash infrastructure administration
Amended 3 timesInterpretation: infrastructure companies
Amended 13 timesInterpretation: other expressions
Amended 9 timesFMI administration orders
Amended 1 timeObjective of FMI administration
Amended 12 times- FMI administrator must ensure continuity and efficiency of financial systems Director or Officer
Application for FMI administration order
Amended 1 timeOther duties (1) — Crown / regulator
- Bank of England must notify infrastructure companies of administration applications Statutory regulator
Powers of court
Amended 1 timeFMI administrators
Amended 1 timeContinuity of supply
Amended 2 timesPower to direct FMI administrator
Amended 3 timesConduct of administration, transfer schemes etc.
Amended 5 timesRestriction on winding-up orders and voluntary winding up
Amended 1 time- Follow strict procedure for winding up an infrastructure company Trader
Restriction on making of ordinary administration orders
Amended 1 timeRestriction on enforcement of security
Amended 1 time- Notify the Bank of England before enforcing security against an infrastructure firm Any Person
Powers of Bank to participate in Part 26A proceedings
Amended 1 time- Notify Bank of England before restructuring an infrastructure company Applicant
Loans
Amended 1 timeIndemnities
Amended 1 timeInterpretation of Part
Amended 3 timesBrowse 1 other section in this Part — procedural / definitional / commencement
Northern Ireland
Part 7 — Miscellaneous
Functions of FCA under competition legislation
Amended 2 timesCompetition as a secondary objective of the PRA
Amended 1 timeDuty of FCA to make rules restricting charges for high-cost short-term credit
Other duties (1) — Crown / regulator
- FCA must introduce price caps on payday loans and short-term credit Statutory regulator
Role of FCA Consumer Panel in relation to PRA
Amended 1 timePower of FCA and PRA to make rules applying to parent undertakings
Amended 5 timesDuty to meet auditors of certain institutions
Amended 1 timeFees to meet Treasury expenditure relating to international organisations
Amended 1 time- Pay regulatory fees for international financial stability costs Responsible Person
Amendments of section 429 of FSMA 2000
Amended 2 timesAccounts of Bank of England and its wholly-owned subsidiaries
Amended 1 timePower to impose penalties on persons providing claims management services
Amended 2 timesRecovery of expenditure incurred by Office for Legal Complaints
Amended 1 timeMinor amendments
Amended 2 timesBrowse 1 other section in this Part — procedural / definitional / commencement
Building societies
Part 8 — Final provisions
Browse 5 other sections in this Part — procedural / definitional / commencement
Schedules
Browse 10 other Schedules — structural / supplementary
Ring-fencing transfer schemes
Bail-in stabilisation option
Consequential amendments relating to Part 4
The Payment Systems Regulator
Procedure for appeals to the CMA
Conduct of FMI administration
Financial market infrastructure transfer schemes
Functions of FCA under competition legislation
Building societies
Minor amendments
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- What is the FSCS and what is the new deposit protection limit? (opens in a new tab) Other
- Bail-in powers implementation - GOV.UK (opens in a new tab) Detailed Guidance
- Who we regulate | Payment Systems Regulator (opens in a new tab) Other
- Ring-fencing information - GOV.UK (opens in a new tab) Publication
- Senior Managers and Certification Regime | FCA (opens in a new tab) from FCA Other
- Ring-fencing | Bank of England (opens in a new tab) Other
- What is the Prudential Regulation Authority (PRA)? (opens in a new tab) Other
- Background to the PSR (opens in a new tab) Other
- FSCS protection checker (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
FCA
PrimaryFinancial Conduct Authority
Regulation of financial services firms and markets. Supervises banks, insurers, investment firms, payment services, and cryptoasset businesses. Issues authorisations and enforces conduct …
Prudential Regulation Authority
Part of the Bank of England. Prudentially regulates and supervises around 1,292 banks, building societies, credit unions, insurers, and major investment firms. …
Payment Systems Regulator
Economic regulator for payment systems in the UK. Promotes competition, innovation, and service-user interests in payment systems. Regulates participants in designated payment …
Connected legislation
21 statutory instruments
These instruments amend, apply, or refer to this Act. They may not all create direct business obligations.
Secondary legislation (21)
- The Building Societies (Bail-in) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 10) Order 2016 2016
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 11) Order 2016 2016
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 12) Order 2018 2018
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 1) (England and Wales) Order 2018 2018
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 1) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 2) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 3) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 4) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 5) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 6) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 7) Order 2014 2014
- The Financial Services (Banking Reform) Act 2013 (Commencement (No. 8) and Consequential Provisions) Order 2015 2015
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 9) (Amendment) Order 2015 2015
- The Financial Services (Banking Reform) Act 2013 (Commencement No. 9) Order 2015 2015
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Regulators
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