UK Act of Parliament 2013 United Kingdom

Financial Services (Banking Reform) Act 2013 (strengthened depositor protection)

An Act to make further provision about banking and other financial services, including provision about the Financial Services Compensation Scheme; to make provision for the amounts owed in respect of certain deposits to be treated as a preferential debt on insolvency; to make further provision about payment systems and securities …

Enforced by
FCA, PRA, PSR
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 45 obligations carry an unlimited fine. 3 carry different penalties and 40 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person7 Director or Officer2 Trader2 Applicant2 Responsible Person1

Plus 31 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Trader — also bound by 825 other Acts
Applicant — also bound by 307 other Acts
Responsible Person — also bound by 108 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Ring-fencing

5 of 12 sections shown
s.004 Ring-fencing of certain activities (opens in a new tab) Prosecution
  • Breach of banking ring-fencing requirementsAny Person

Unlimited fine

s.008 Independent review of operation of legislation relating to ring-fencing (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HM Treasury must appoint an independent panel to review ring-fencing lawsCrown / Minister / Government department
s.009 PRA review of proprietary trading (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • PRA must review and report on bank proprietary trading risksStatutory regulator
s.010 Independent review of proprietary trading (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • The Treasury must appoint an independent panel to review proprietary tradingCrown / Minister / Government department
s.012 Right to obtain documents and information (opens in a new tab) Regulated
  • Provide documents and information to a review panelAny Person
7 other sections in this Part — procedural and definitional
Part 2

Depositor preference and the Financial Services Compensation Scheme

0 of 4 sections shown
Part 3

Bail-in stabilisation option

0 of 1 section shown
1 other section in this Part — procedural and definitional
Part 4

Conduct of persons working in financial services sector

3 of 21 sections shown
s.026 Variation of approval (opens in a new tab) Regulated
  • Apply to change or remove conditions on your senior manager approvalAny Person
s.036 Offence relating to a decision causing a financial institution to fail (opens in a new tab) Imprisonment
  • Cause a financial institution to fail through reckless decision-makingAny Person
s.038 Institution of proceedings (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators and Treasury must follow specific rules when starting prosecutionsStatutory regulator
18 other sections in this Part — procedural and definitional
Part 5

Regulation of payment systems

38 of 88 sections shown
s.044 Designation criteria (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • The Treasury must follow specific criteria when designating a payment systemCrown / Minister / Government department
s.045 Procedure (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HM Treasury must consult and notify before designating a payment systemCrown / Minister / Government department
s.046 Amendment of designation order (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • The Treasury must consult and notify before amending payment system ordersCrown / Minister / Government department
s.047 Revocation of designation orders (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HM Treasury must follow specific steps to revoke a payment system designationCrown / Minister / Government department
s.048 Publication (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • The Treasury must publish payment system designation ordersCrown / Minister / Government department
s.049 Regulator's general duties in relation to payment systems (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • PSR must promote competition, innovation, and user interests in payment systemsStatutory regulator
s.060 Restrictions on exercise of functions under Part 4 of the Enterprise Act 2002 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Regulators must consult and coordinate on payment system oversightStatutory regulator
s.063 Provision of information and assistance to a CMA group (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Payment Systems Regulator must assist CMA with market investigationsStatutory regulator
s.070 Complaints: guidance (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Payment Systems Regulator must provide guidance on making complaintsStatutory regulator
s.074 Warning notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • PSR must issue a warning notice before imposing sanctionsStatutory regulator
s.084 Investigations: general (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Payment Systems Regulator must notify businesses of investigationsStatutory regulator
s.090 Enforcement of information and investigation powers (opens in a new tab) Imprisonment
  • Interfere with financial investigations or provide false infoDirector or Officer
s.093 Offences relating to disclosure of confidential information (opens in a new tab) Imprisonment
  • Unlawfully disclosing or using confidential financial informationAny Person
s.097 Treasury approval Regulated
Other duties (1) — Crown / regulator
  • Treasury must approve or reject PSR standards instruments within four weeksCrown / Minister / Government department
s.099 Memorandum of understanding (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Financial regulators must maintain and publish a cooperation agreementStatutory regulator
s.102 Recommendations by Treasury in connection with general duties

amended 2 times

s.102 Matters to consider when imposing generally applicable requirements

amended 2 times

s.104 Requirements in connection with public consultations

amended 8 times

s.104 Duty of Regulator to review generally applicable requirements Regulated
Other duties (1) — Crown / regulator
  • PSR must regularly review its requirementsStatutory regulator

amended 8 times

s.104 Statement of policy relating to review of requirements Regulated
Other duties (1) — Crown / regulator
  • PSR must publish policy on how it reviews payment system requirementsStatutory regulator

amended 8 times

s.104 Requirement to review specified requirements

amended 8 times

s.104 Report on certain reviews Regulated
Other duties (1) — Crown / regulator
  • Payment Systems Regulator must report to the Treasury on requirement reviewsStatutory regulator

amended 8 times

s.104 Power of Treasury to require the imposition of generally applicable requirements

amended 8 times

s.104 Consultation with the FCA Cost Benefit Analysis Panel

amended 8 times

s.104 Statement of policy in relation to cost benefit analyses

amended 8 times

s.104 Statement of policy on panel appointments Regulated
Other duties (1) — Crown / regulator
  • Payment Systems Regulator must publish policy on panel appointmentsStatutory regulator

amended 8 times

s.107 International trade obligations Regulated
Other duties (1) — Crown / regulator
  • PSR must notify Treasury of risks to international trade obligationsStatutory regulator

amended 1 time

50 other sections in this Part — procedural and definitional
s.097 Technical standards
s.097 Standards instruments
s.097 Application of section 104 of this Act and Part 9A of the Financial Services and Markets Act 2000
Part 6

Special administration for operators of certain infrastructure systems

18 of 19 sections shown
s.115 Objective of FMI administration (opens in a new tab) Regulated
  • FMI administrator must ensure continuity and efficiency of financial systemsDirector or Officer

amended 12 times (opens in a new tab)

s.116 Application for FMI administration order (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Bank of England must notify infrastructure companies of administration applicationsStatutory regulator

amended 1 time (opens in a new tab)

s.122 Restriction on winding-up orders and voluntary winding up (opens in a new tab) Regulated
  • Follow strict procedure for winding up an infrastructure companyTrader

amended 1 time (opens in a new tab)

s.124 Restriction on enforcement of security (opens in a new tab) Regulated
  • Notify the Bank of England before enforcing security against an infrastructure firmAny Person

amended 1 time (opens in a new tab)

s.124 Powers of Bank to participate in Part 26A proceedings Regulated
  • Notify Bank of England before restructuring an infrastructure companyApplicant

amended 1 time

1 other section in this Part — procedural and definitional
Part 7

Miscellaneous

12 of 13 sections shown
s.131 Duty of FCA to make rules restricting charges for high-cost short-term credit (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • FCA must introduce price caps on payday loans and short-term creditStatutory regulator
s.135 Fees to meet Treasury expenditure relating to international organisations (opens in a new tab) Regulated
  • Pay regulatory fees for international financial stability costsResponsible Person

amended 1 time (opens in a new tab)

1 other section in this Part — procedural and definitional
Part 8

Final provisions

2 of 7 sections shown
Schedules

Schedules

10 of 168 shown
s.sch002 After section 80 insert— Transfer for bail-in purposes: report (1) This section applies where the Bank of England makes... Regulated
Other duties (1) — Crown / regulator
  • Bank of England must report to Chancellor on bail-in resolution upon Treasury requestStatutory regulator
s.sch002 (1) After section 41 insert— Transfer of property subsequent to... Regulated
Other duties (1) — Crown / regulator
  • Bank of England must consult PRA, FCA and Treasury before making transfer instrumentsStatutory regulator
s.sch004 (1) The Regulator must prepare and operate a scheme (“the... Regulated
Other duties (1) — Crown / regulator
  • Regulator must run a financial penalty scheme for payment system participantsStatutory regulator
s.sch005 (1) A person who wilfully alters, suppresses or destroys a... Prosecution
  • Wilfully alter, suppress or destroy a required documentAny Person

Unlimited fine

s.sch005 (1) A determination by the CMA on an appeal— Regulated
Other duties (1) — Crown / regulator
  • CMA must notify, publish and give reasons for appeal determinationsStatutory regulator
s.sch005 (1) A group that determines an appeal must make an... Regulated
Other duties (1) — Crown / regulator
  • CMA group must order payment of costs after deciding an appealStatutory regulator
s.sch005 (1) An application for permission to bring an appeal may... Regulated
  • Submit a proper application for permission to appeal a PSR decisionApplicant
s.sch005 (1) The CMA must determine an appeal within the period... Regulated
Other duties (1) — Crown / regulator
  • CMA must determine payment system appeals within 6 months (7 months with special reasons)Statutory regulator
s.sch007 (1) The old company may— (a) with the consent of... Regulated
  • Provide information and assistance to the Bank of England for FMI transfer schemesTrader
s.sch010 In section 73 of the Financial Services Act 2012 (duty... Regulated
Other duties (1) — Crown / regulator
  • FCA must investigate regulatory failures in regulated activities and exchangesStatutory regulator
158 other schedules
s.sch001 Part 7 of FSMA 2000 (control of business transfer schemes)...
s.sch001 (1) Section 111 (sanction of court for business transfer schemes)...
s.sch001 In section 112 (effect of order sanctioning business transfer scheme),...
s.sch001 In section 112A (rights to terminate etc.), in subsection (1),...
s.sch001 In Schedule 12 (transfer schemes: certificates) after Part 2A insert—...
s.sch001 For “the authorised person concerned”, wherever occurring in Part 7...
s.sch001 (1) Section 103A (meaning of “the appropriate regulator”) is amended...
s.sch001 In section 106 (banking business transfer schemes), at the end...
s.sch001 After section 106A insert— Ring-fencing transfer scheme (1) A scheme is a ring-fencing transfer scheme if it—...
s.sch001 (1) Section 107 (application for order sanctioning transfer scheme) is...
s.sch001 For the heading to section 109 substitute “ Scheme reports:...
s.sch001 After section 109 insert— Scheme reports: ring-fencing transfer schemes (1) An application under section 106B in respect of a...
s.sch001 (1) Section 110 (right to participate in proceedings) is amended...
s.sch002 The Banking Act 2009 is amended as follows.
s.sch002 In section 120 (notice to Prudential Regulation Authority of preliminary...
s.sch002 After section 256 insert— State aid State aid (1) This section applies where— (a) the Treasury are of...
s.sch002 (1) Section 1 (overview) is amended as follows.
s.sch002 In section 13 (temporary public ownership), in subsection (1), for...
s.sch002 In section 17 (share transfers: effect)— (a) in subsection (1),...
s.sch002 In section 18 (share transfers: continuity), after subsection (5) insert—...
s.sch002 In section 44 (reverse property transfer)— (a) in subsection (2),...
s.sch002 In section 63 (general continuity obligation: property transfers), in subsection...
s.sch002 In section 66 (general continuity obligation: share transfers)—
s.sch002 In section 67 (special continuity obligation: share transfers), in subsection...
s.sch002 After section 12 insert— Bail-in option (1) The third stabilisation option is exercised by the use...
s.sch002 In section 68 (continuity obligations: onward share transfers), in subsection...
s.sch002 In section 71 (pensions), in subsection (1)—
s.sch002 In section 72 (enforcement), in subsection (1)—
s.sch002 In section 73 (disputes), in subsection (1)—
s.sch002 In section 74 (tax), in subsection (6), for “or 45”...
s.sch002 In section 81A (accounting information to be included in reports...
s.sch002 In section 85 (temporary public ownership), in subsection (1), for...
s.sch002 In section 136 (overview), in the Table in subsection (3),...
s.sch002 After section 152 insert— Property transfer from transferred institution (1) This section applies where the Bank of England—
s.sch002 After section 8 insert— Specific condition: bail-in (1) The Bank of England may exercise a stabilisation power...
s.sch002 In section 220 (insolvency etc), after subsection (4) insert—
s.sch002 In section 259 (statutory instruments)— (a) in the Table in...
s.sch002 In section 261 (index of defined terms), in the Table,...
s.sch002 (1) This paragraph modifies the application of the Investment Bank...
s.sch002 After section 48A insert— Bail-in option Special bail-in provision (1) “Special bail-in provision”, in relation to a bank, means...
s.sch002 (1) In section 49 (orders)— (a) in subsection (1), for...
s.sch002 (1) After section 81B insert— Bail-in option (1) The Bank of England may exercise a stabilisation power...
s.sch002 In section 83A (modifications of Part 1 as it applies...
s.sch002 In section 89B (application of Part 1 of the Act...
s.sch003 (1) Section 59 of FSMA 2000 (approval for particular arrangements)...
s.sch003 In section 140A of FSMA 2000 (interpretation), in the definition...
s.sch003 In section 347 of FSMA 2000 (the record of authorised...
s.sch003 In section 387 of FSMA 2000 (warning notices), in subsection...
s.sch003 In section 388 of FSMA 2000 (decision notices), in subsection...
s.sch003 In section 395 of FSMA 2000 (supervisory notices), in subsection...
s.sch003 (1) Section 415B of FSMA 2000 (consultation in relation to...
s.sch003 In Schedule 1ZA to FSMA 2000 (the Financial Conduct Authority),...
s.sch003 In section 14 of the Financial Services Act 2012, omit...
s.sch003 (1) Section 85 of the Financial Services Act 2012 (relevant...
s.sch003 (1) Section 59A of FSMA 2000 (specifying functions as controlled...
s.sch003 (1) Section 63 of FSMA 2000 (withdrawal of approval) is...
s.sch003 In section 63A of FSMA 2000 (power to impose penalties),...
s.sch003 (1) Section 66 of FSMA 2000 (disciplinary powers) is amended...
s.sch003 (1) Section 67 of FSMA 2000 (disciplinary measures: procedure and...
s.sch003 In section 69 of FSMA 2000 (statement of policy), in...
s.sch003 In section 138A of FSMA 2000 (modification or waiver of...
s.sch003 In section 138D of FSMA 2000 (actions for damages), in...
s.sch004 In this Schedule— (a) “the Regulator” means the Payment Systems...
s.sch004 (1) The Regulator must in respect of each of its...
s.sch004 (1) The scheme details must be published by the Regulator...
s.sch004 The Regulator must maintain satisfactory arrangements for—
s.sch004 (1) None of the following is to be liable in...
s.sch004 (1) This paragraph applies where the Regulator issues a relevant...
s.sch004 (1) This paragraph applies where— (a) the Regulator issues a...
s.sch004 In Part 6 of Schedule 1 to the Freedom of...
s.sch004 In Part 1 of Schedule 19 to the Equality Act...
s.sch004 (1) The constitution of the Regulator must provide for it...
s.sch004 (1) The Regulator is not to be regarded as exercising...
s.sch004 (1) The Regulator must adopt an annual budget which has...
s.sch004 (1) The Regulator may make arrangements for any of its...
s.sch004 (1) The Regulator must in respect of each of its...
s.sch004 (1) At least once a year, the Regulator must make...
s.sch004 (1) The Treasury may (subject to this paragraph) at any...
s.sch004 (1) The Regulator must send a copy of its annual...
s.sch004 (1) For the purposes mentioned in sub-paragraph (2) the FCA...
s.sch004 (1) For the purposes mentioned in sub-paragraph (2), the Regulator...
s.sch005 Except where specified otherwise in this Schedule, the functions of...
s.sch005 (1) For the purposes of this Schedule an oral hearing...
s.sch005 (1) The CMA may by notice require a person to...
s.sch005 Where permission to bring an appeal is granted under paragraph...
s.sch005 (1) If a person (“the defaulter”)— (a) fails to comply...
s.sch005 (1) The CMA Board may make rules of procedure regulating...
s.sch005 (1) In this Schedule— “appeal” means an appeal made in...
s.sch005 (1) Schedule 4 to the Enterprise and Regulatory Reform Act...
s.sch005 (1) The CMA may direct that, pending the determination of...
s.sch005 (1) Sub-paragraph (2) applies where the Payment Systems Regulator wishes...
s.sch005 (1) A group constituted by the chair of the CMA...
s.sch005 (1) The CMA, if it thinks it necessary to do...
s.sch005 (1) For the purposes of this Schedule, the CMA may...
s.sch006 The following provisions of this Schedule provide for—
s.sch006 The provisions set out in the Tables apply in relation...
s.sch006 The modifications are that— (a) a reference to the administrator...
s.sch006 Powers conferred by this Part of this Act and by...
s.sch006 A reference in an enactment or other document to anything...
s.sch006 (1) The Treasury may by order amend this Schedule so...
s.sch007 This Schedule applies where— (a) the court has made an...
s.sch007 Where a proposed transfer falling within subsection (5) of section...
s.sch007 In this Schedule— “FMI transfer scheme” has the meaning given...
s.sch007 It is for the FMI administrator, while the FMI administration...
s.sch007 (1) An FMI transfer scheme may contain provision—
s.sch007 (1) An FMI transfer scheme may make incidental, supplemental, consequential...
s.sch007 (1) In relation to each provision of an FMI transfer...
s.sch007 (1) The Bank of England may by notice to the...
s.sch007 (1) An FMI transfer scheme may contain provision about—
s.sch008 Part 16A of FSMA 2000 (consumer protection and competition) is...
s.sch008 (1) Section 136 of the Enterprise Act 2002 (investigations and...
s.sch008 In section 52(4) of the Enterprise and Regulatory Reform Act...
s.sch008 In Schedule 4 to the Enterprise and Regulatory Reform Act...
s.sch008 Omit section 234H (power of FCA to make request to...
s.sch008 After section 234H insert— The FCA's functions under Part 4...
s.sch008 In section 3I of FSMA 2000 (power of PRA to...
s.sch008 In section 348 of FSMA 2000 (restrictions on disclosure of...
s.sch008 In section 354A of FSMA 2000 (FCA's duty to co-operate...
s.sch008 (1) Schedule 1ZA to FSMA 2000 (the Financial Conduct Authority)...
s.sch008 In section 9E of the Company Directors Disqualification Act 1986...
s.sch008 In section 54 of the Competition Act 1998 (regulators), in...
s.sch009 The Building Societies Act 1986 is amended as follows.
s.sch009 In the following provisions, omit “, in a manner agreed...
s.sch009 In section 81(3B)(c), omit “, in a manner agreed for...
s.sch009 (1) Schedule 2 is amended as follows.
s.sch009 In paragraphs 3(2B)(c) and 9(2B)(c) of Schedule 8A, omit “in...
s.sch009 (1) Schedule 11 is amended as follows.
s.sch009 (1) Section 117 (financial year of building societies) is amended...
s.sch009 After section 117 insert— Alteration of financial year (1) A building society may by notice given to the...
s.sch009 In Schedule 20 (transitional and saving provisions), omit paragraph 16...
s.sch009 The amendments made by paragraphs 15 to 17 have effect...
s.sch009 (1) Section 7 (the funding limit) is amended as follows....
s.sch009 (1) In article 3 of the Building Societies Act 1986...
s.sch009 (1) Omit section 9B (restriction on creation of floating charges)....
s.sch009 (1) Section 74 (duty of directors to prepare annual business...
s.sch009 (1) Section 76 (summary financial statement for members and depositors)...
s.sch009 In consequence of the amendments made by paragraph 6—
s.sch009 (1) Section 100 (regulated terms etc: distributions and share rights)...
s.sch009 After section 115 insert— Deemed agreement to use of web...
s.sch010 In Schedule 15D to the Companies Act 1985 (disclosures), omit...
s.sch010 (1) Section 85 of the Financial Services Act 2012 (relevant...
s.sch010 In section 376 of FSMA 2000 (continuation of contracts of...
s.sch010 (1) Part 25 of FSMA 2000 (injunctions and restitution) is...
s.sch010 (1) In Schedule 1ZA to FSMA 2000 (the Financial Conduct...
s.sch010 In Schedule 17A to FSMA 2000 (further provision in relation...
s.sch010 In section 991 of the Income Tax Act 2007 (meaning...
s.sch010 In section 89B of the Banking Act 2009 (application to...
s.sch010 In section 191 of the Banking Act 2009 (directions), in...

Help complying

Guvnor’s practical routes through this instrument.

2 more guides that reference this instrument

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.