UK Act of Parliament 2017 United Kingdom

Digital Economy Act 2017

At a glance

Enforced by

Ofcom, UK Government, BBFC

What's here

23 compliance obligations, 2 practical guides

Penalty landscape

8 of 23 obligations carry up to 2 years imprisonment. 3 carry different penalties and 12 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 20

Plus 3 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.

Other 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 2338 other Acts (top 5 shown)

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 — Access to digital services

Browse 3 other sections in this Part — procedural / definitional / commencement

Part 4 — Intellectual Property

Browse 3 other sections in this Part — procedural / definitional / commencement

Part 5 — Digital government

s.043

Code of practice

  • Follow the ministerial code when disclosing higher‑education data Any Person
Other duties (1) — Crown / regulator
  • Government must issue and consult on data-sharing Code of Practice Crown / Minister / Government department
s.052

Code of practice

  • Follow the code of practice when disclosing or using information under s.48 Any Person
  • Follow the statutory code of practice when sharing data Any Person
s.060

Code of practice

  • Follow the code of practice when disclosing information under s56 Any Person
Other duties (1) — Crown / regulator
  • Minister must issue and maintain a code of practice for data sharing Crown / Minister / Government department
s.065

Provisions supplementary to section 64

  • Ensure research disclosures comply with data protection & IP law Any Person
Other duties (1) — Crown / regulator
  • Authorities may charge a fee for processing research information requests Statutory regulator
s.070

Code of practice

  • Accredited persons must follow the Statistics Board code of practice Any Person
  • Follow the Statistics Board code when handling personal data under s64 Any Person
Browse 32 other sections in this Part — procedural / definitional / commencement

Part 6 — Miscellaneous

Browse 23 other sections in this Part — procedural / definitional / commencement

Part 7 — General

Browse 3 other sections in this Part — procedural / definitional / commencement

Schedules

Browse 376 other Schedules — structural / supplementary
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This is the Schedule to be inserted before Schedule 4...

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(1) This paragraph has effect for the purposes of this...

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Any agreement that has effect under paragraph 15 of the...

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(1) This paragraph applies where— (a) before the time when...

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(1) This paragraph applies where before the time when the...

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The coming into force of the new code does not...

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The repeal of the existing code does not affect paragraph...

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The repeal of the existing code does not affect paragraphs...

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(1) Subject to the following provisions of this paragraph, the...

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Part 12 of the new code does not apply in...

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(1) This paragraph applies where— (a) before the time when...

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(1) This paragraph applies where before the time when the...

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(1) A subsisting agreement has effect after the new code...

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(1) This paragraph applies where before the repeal of the...

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The repeal of the existing code does not affect the...

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Any agreement which, immediately before the repeal of the existing...

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Part 15 of the new code applies in relation to...

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Paragraphs 24 to 27 of the existing code continue to...

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A person entitled to compensation by virtue of this Schedule...

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In relation to a subsisting agreement, references in the new...

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(1) A person bound by a code right by virtue...

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(1) Paragraph 16 of the new code (assignment of code...

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Paragraph 17 of the new code (power for operator to...

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(1) This paragraph applies in relation to a subsisting agreement,...

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(1) Subject to paragraph 6, Part 5 of the new...

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(1) Paragraphs 9 to 14 of the existing code (rights...

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Any agreement given in accordance with paragraph 26(3) of the...

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In this Part— “the commencement date” means the day on...

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The Highways Act 1980 is amended as follows.

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In section 177(12) (restriction of construction over highways: application of...

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(1) Section 334 (savings relating to electronic communications apparatus) is...

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The Roads (Scotland) Act 1984 is amended as follows.

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(1) Section 50 (planting of trees etc by roads authority)...

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(1) Section 75 (bridges over and tunnels under navigable waterways)...

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(1) Section 132 (saving for operators of telecommunications code systems)...

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Section 298 of the Housing Act 1985 (telecommunications apparatus) is...

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For the heading substitute “ Electronic communications apparatus ”.

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In subsection (2) for “paragraph 21 of the electronic communications...

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(1) In any enactment passed or made before the commencement...

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In subsection (3) for “paragraph 23” substitute “ Part 10...

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The Food and Environment Protection Act 1985 is amended as...

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In section 8A (electronic communications apparatus: operations in tidal waters...

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In section 9(8) (defence to operating without licence under Part...

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The Airports Act 1986 is amended as follows.

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(1) Section 62 (electronic communications apparatus) is amended as follows....

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In section 4(2) of the Landlord and Tenant Act 1987...

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In paragraph 4 of Schedule 4 to the Road Traffic...

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In paragraph 1(6) of Schedule 16 to the Electricity Act...

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(1) Section 256 of the Town and Country Planning Act...

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In any enactment passed or made before the commencement date,...

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In paragraph 4 of Schedule 13 to the Water Industry...

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In Schedule 22 to the Water Resources Act 1991 (protection...

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In paragraph 3(2) of Schedule 4 to the Electricity (Northern...

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In paragraph 16 of Schedule 2 to the Cardiff Bay...

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(1) Schedule 9 to the Roads (Northern Ireland) Order 1993...

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(1) Article 12 of the Airports (Northern Ireland) Order 1994...

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In section 5 of the Landlord and Tenant (Covenants) Act...

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In paragraph 2(7) of Schedule 4 to the Gas Act...

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(1) Part 4 of Schedule 15 to the Channel Tunnel...

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(1) Schedule 3 to the Gas (Northern Ireland) Order 1996...

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In section 43 of the Landlord and Tenant Act 1954...

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In Article 4(1) of the Business Tenancies (Northern Ireland) Order...

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(1) Section 212 of the Town and Country Planning (Scotland)...

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The Enterprise Act 2002 is amended as follows.

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In section 128(5) (mergers: references to supply of services) for...

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In section 234(5) (enforcement of consumer legislation: references to supply...

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The Communications Act 2003 is amended as follows.

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(1) Section 394 (service of notifications and other documents) is...

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(1) Section 402 (power of Secretary of State to make...

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Schedule 3 is repealed.

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(1) Schedule 1 to the Land Reform (Scotland) Act 2003...

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(1) Section 45 of the Opencast Coal Act 1958 (provisions...

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The Housing and Regeneration Act 2008 is amended as follows....

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In section 2(3) (objects of the Homes and Communities Agency:...

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In section 57(1) (interpretation of Part 1) omit the definition...

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In the table in section 58 (index of defined expressions...

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(1) Part 4 of Schedule 17 to the Crossrail Act...

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The Marine (Scotland) Act 2010 is amended as follows.

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In section 36(1) (electronic communications apparatus) for the words from...

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(1) Section 41 (defence to offences: electronic communications: emergency works)...

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In section 17 of the Land Drainage Act (Scotland) Act...

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In section 40(2) of the Pipe-lines Act 1962 (avoidance of...

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In section 53 of the Harbours Act 1964 (application of...

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In section 137(3)(f) of the Fair Trading Act 1973 (general...

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The Secretary of State for the Home Department.

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Her Majesty's Revenue and Customs.

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A county council in England.

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A district council in England.

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A London borough council.

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A combined authority established under section 103 of the Local...

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A combined county authority established under section 9(1) of the...

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The Common Council of the City of London in its...

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The Council of the Isles of Scilly.

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The Greater London Authority.

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A metropolitan county fire and rescue authority.

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The London Fire Commissioner.

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The Secretary of State for Defence.

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A fire and rescue authority in England constituted by a...

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A fire and rescue authority created by a scheme under...

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A chief officer of police for a police area in...

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The proprietor of a school within the meaning of the...

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The proprietor of an Academy within the meaning of that...

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The responsible person in relation to an educational institution as...

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The Gas and Electricity Markets Authority.

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The Chief Land Registrar.

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The Minister for the Cabinet Office.

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The Secretary of State for Transport.

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The Secretary of State for Environment, Food and Rural Affairs....

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The Disclosure and Barring Service.

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A person providing services in connection with a specified objective...

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In this Part of this Schedule— “ relevant business function...

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The Welsh Ministers.

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The Lord Chancellor.

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The Counsel General to the Welsh Government.

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The Welsh Revenue Authority.

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A county council in Wales.

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A county borough council in Wales.

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A community council in Wales.

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The Citizen Voice Body for Health and Social Care, Wales....

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A Local Health Board established under section 11 of the...

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An NHS Trust established under section 18 of the National...

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A Special Health Authority established under section 22 of the...

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The Secretary of State for Justice.

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A fire and rescue authority constituted by a scheme under...

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Career Choices Dewis Gyrfa Ltd (company number 07442837, operating as...

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The governing body of an educational establishment maintained by a...

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The governing body of an institution in Wales within the...

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The governing body of an institution in Wales within the...

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A regulated institution within the meaning of the Higher Education...

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The Natural Resources Body for Wales.

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A registered social landlord being a body registered in the...

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A person providing services in connection with a specified objective...

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The Scottish Ministers.

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The Secretary of State for Education.

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A council constituted under section 2 of the Local Government...

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The Skills Development Scotland Co. Limited (company registration number SC202659)....

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A person providing services in connection with a specified objective...

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The Secretary of State for Business and Trade, in relation...

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The Secretary of State for Work and Pensions.

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The Secretary of State for Housing, Communities and Local Government....

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The Secretary of State for Culture, Media and Sport ....

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The Secretary of State for Energy Security and Net Zero....

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The Secretary of State for Science, Innovation and Technology.

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The Secretary of State for Energy Security and Net Zero....

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The Council of the Isles of Scilly.

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The Greater London Authority.

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A metropolitan county fire and rescue authority.

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The London Fire Commissioner.

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A fire and rescue authority in England constituted by a...

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A fire and rescue authority created by a scheme under...

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The Gas and Electricity Markets Authority.

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The Chief Land Registrar.

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A person providing services in connection with a fuel poverty...

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The Welsh Ministers.

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The Secretary of State for Work and Pensions.

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The Counsel General to the Welsh Government.

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The Welsh Revenue Authority.

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A county council in Wales.

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A county borough council in Wales.

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A community council in Wales.

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A fire and rescue authority constituted by a scheme under...

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The Natural Resources Body for Wales.

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A registered social landlord being a body registered in the...

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The governing body of an educational establishment maintained by a...

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The governing body of an institution in Wales within the...

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The Secretary of State for Housing, Communities and Local Government....

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The governing body of an institution in Wales within the...

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A regulated institution within the meaning of the Higher Education...

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A person providing services in connection with a fuel poverty...

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Her Majesty's Revenue and Customs.

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A county council in England.

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A district council in England.

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A London borough council.

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A combined authority established under section 103 of the Local...

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A combined county authority established under section 9(1) of the...

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The Common Council of the City of London in its...

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The Secretary of State for Work and Pensions.

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The Greater London Authority.

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The Chief Land Registrar.

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A person providing services in connection with a water poverty...

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The Welsh Ministers.

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The Counsel General to the Welsh Government.

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The Welsh Revenue Authority.

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A county council in Wales.

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A county borough council in Wales.

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A community council in Wales.

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A registered social landlord being a body registered in the...

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The Secretary of State for Housing, Communities and Local Government....

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The Natural Resources Body for Wales.

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The governing body of an educational establishment maintained by a...

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The governing body of an institution in Wales within the...

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The governing body of an institution in Wales within the...

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A regulated institution within the meaning of the Higher Education...

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A person providing services in connection with a water poverty...

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Her Majesty's Revenue and Customs.

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A county council in England.

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A district council in England.

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A London borough council.

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A combined authority established under section 103 of the Local...

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A combined county authority established under section 9(1) of the...

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The Common Council of the City of London in its...

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The Council of the Isles of Scilly.

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The Secretary of State for the Home Department.

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A county council in England.

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A district council in England.

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A London borough council.

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The Common Council of the City of London in its...

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The Council of the Isles of Scilly.

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The Greater London Authority.

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The Student Loans Company.

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A person providing services to a specified person who —...

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In this Part of this Schedule— “ relevant business function...

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The Welsh Ministers.

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The Counsel General to the Welsh Government.

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The Lord Chancellor.

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The Welsh Revenue Authority.

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A county council in Wales.

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A county borough council in Wales.

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A community council in Wales.

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A person providing services to a specified person who—

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The Scottish Ministers.

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A council constituted under section 2 of the Local Government...

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The Scottish Environment Protection Agency.

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The Accountant in Bankruptcy.

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The Scottish Legal Aid Board.

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The Secretary of State for Justice.

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The Common Services Agency for the Scottish Health Service.

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The Scottish Courts and Tribunals Service.

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Highlands and Islands Enterprise.

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Scottish Enterprise.

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South of Scotland Enterprise.

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ILF Scotland (company registration number SC500075).

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The Scottish Legal Complaints Commission.

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The Scottish Qualifications Authority.

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Revenue Scotland.

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A person providing services to a specified person who—

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The Secretary of State for Education.

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The Secretary of State for Business and Trade, in relation...

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The Secretary of State for Energy Security and Net Zero....

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The Secretary of State for Science, Innovation and Technology, in...

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The Secretary of State for Work and Pensions.

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The Secretary of State for Transport.

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Her Majesty's Revenue and Customs.

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The Minister for the Cabinet Office.

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The Secretary of State for the Home Department.

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The Secretary of State for the Environment, Food and Rural...

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The Secretary of State for International Development.

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The Secretary of State for Culture, Media and Sport ....

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The Secretary of State for Energy Security and Net Zero....

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The Secretary of State for Science, Innovation and Technology.

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The Minister for the Cabinet Office.

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Her Majesty's Revenue and Customs.

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The Export Credits Guarantee Department.

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A county council in England.

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A district council in England.

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A London borough council.

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The Common Council of the City of London in its...

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The Secretary of State for Defence.

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The Council of the Isles of Scilly.

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The Greater London Authority.

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The Chief Land Registrar.

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The Big Lottery Fund.

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The Nuclear Decommissioning Authority.

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The Environment Agency.

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The Homes and Communities Agency.

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The Office for Students.

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The Historic Buildings and Monuments Commission for England.

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The Student Loans Company.

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The Lord Chancellor.

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The British Council.

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The Arts Council of England.

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The English Sports Council.

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United Kingdom Research and Innovation.

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The Technology Strategy Board.

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The Arts and Humanities Research Council.

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The Medical Research Council.

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The Natural Environment Research Council.

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The Biotechnology and Biological Sciences Research Council.

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The Economic and Social Research Council.

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The Engineering and Physical Sciences Research Council.

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The Secretary of State for Justice.

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The Science and Technology Facilities Council.

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A person providing services to a specified person who—

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In this Part of this Schedule— “ relevant business function...

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The Welsh Ministers.

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The Counsel General to the Welsh Government.

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The Welsh Revenue Authority.

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A county council in Wales.

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A county borough council in Wales.

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A community council in Wales.

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A fire and rescue authority constituted by a scheme under...

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The Commission for Tertiary Education and Research

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The Secretary of State for Education.

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The Natural Resources Body for Wales.

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Arts Council of Wales.

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The Sports Council for Wales.

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The Royal Commission on Ancient and Historical Monuments in Wales....

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The National Library of Wales.

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A registered social landlord being a body registered in the...

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A person providing services to a specified person who—

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The Scottish Ministers.

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A council constituted under section 2 of the Local Government...

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The Scottish Environment Protection Agency.

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The Secretary of State for Business and Trade, in relation...

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The Accountant in Bankruptcy.

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The Scottish Legal Aid Board.

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The Common Services Agency for the Scottish Health Service.

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Highlands and Islands Enterprise.

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Scottish Enterprise.

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South of Scotland Enterprise.

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ILF Scotland (company registration number SC500075).

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The Scottish Legal Complaints Commission.

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The Scottish Qualifications Authority.

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Revenue Scotland.

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The Secretary of State for Work and Pensions.

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Audit Scotland.

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Food Standards Scotland.

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Creative Scotland.

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The Skills Development Scotland Co. Limited (company registration number SC202659)....

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A person providing services to a specified person who—

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The Secretary of State for Transport.

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The Secretary of State for Housing, Communities and Local Government....

s.sch009

The Banking Act 2009 is amended as follows.

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In section 188 (principles), in subsection (1) omit “inter-bank”.

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In section 189 (codes of practice) omit “inter-bank”.

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In section 190 (system rules), in subsection (1) omit “inter-bank”....

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In section 191 (directions), in subsection (1) omit “inter-bank”.

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In section 192 (role of FCA and PRA), in subsections...

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In section 193 (inspection), in subsections (1) and (2), omit...

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In section 194 (inspection: warrant), in subsection (1)(a) omit “inter-bank”....

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In section 195 (independent report), in subsection (1) omit “inter-bank”....

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In section 196 (compliance failure) omit “inter-bank”.

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In section 197 (publication), in subsection (1) omit “inter-bank”.

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In the heading to Part 5 (inter-bank payment systems) omit...

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In section 198 (penalty), in subsection (1) omit “inter-bank”.

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In section 199 (closure), in subsection (2) omit “inter-bank”.

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In section 200 (management disqualification), in subsections (1) and (2),...

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In section 201 (warning), in subsection (1) for “an inter-bank”...

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In section 202A (injunctions), in subsections (2)(a) and (3)(a), omit...

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In section 203 (fees), in subsection (1) omit “inter-bank”.

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In section 204 (information), in subsections (1A), (2) and (4)(c),...

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In section 205 (pretending to be recognised), in subsection (1)...

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In section 206A (services forming part of recognised inter-bank payment...

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In section 259 (statutory instruments), in the Table in subsection...

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In section 181 (overview) for “payments between financial institutions” substitute...

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In section 261 (index of defined terms), in the Table—...

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The Financial Services Act 2012 is amended as follows.

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(1) Section 68 (cases in which Treasury may arrange independent...

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In section 85 (relevant functions in relation to complaints scheme),...

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In section 110 (payment to Treasury of penalties received by...

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The Financial Services (Banking Reform) Act 2013 is amended as...

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In section 45 (procedure), in subsection (1)(a) omit “inter-bank”.

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In section 46 (amendment of designation order), in subsection (2)(a)...

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In section 47 (revocation of designation orders), in subsection (3)(a)...

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In section 98 (duty of regulators to ensure co-ordinated exercise...

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(1) Section 182 (interpretation: “inter-bank payment system”) is amended as...

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In section 110 (interpretation), in subsection (1), in the definition...

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In section 112 (interpretation: infrastructure companies), in subsections (2)(a), (4)(b)...

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In section 113 (interpretation: other expressions), in subsection (1)—

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In section 115 (objective of FMI administration), in subsection (1)...

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In section 120 (power to direct FMI administrator), in subsection...

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In section 127 (interpretation of Part 6), in subsection (1),...

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In section 183 (interpretation: other expressions), in paragraph (a) for...

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(1) Section 184 (recognition order) is amended as follows.

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In section 185 (recognition criteria), in subsection (1) for “an...

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In section 186A (amendment of recognition order), in subsections (2)(b)...

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In section 187 (de-recognition), in subsections (2), (3)(b) and (5),...

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

Ofcom

Primary

Office of Communications

Regulates telecoms, TV, radio, video-on-demand, postal services, and online safety. Issues licences for telecoms providers, manages spectrum. Now enforces Online Safety Act …

UK Government (Cross-Departmental)

Generic publisher code for cross-departmental government publications that don't map to a specific regulator or department. Used for guidance that spans multiple …

British Board of Film Classification

Classifies films, videos, and some video games for age rating. Statutory authority for classifying cinema releases and video works under the Video …

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Regulators

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