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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 26 February 2001

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO) [SI 2001 No. 544]

Comparing proposed amendment...
Introductory Text
Part I General (arts. 1-3)
In force
Article 1 Citation
In force
Article 2 Commencement
In force
Article 3 Interpretation
Part II Specified activities (arts. 4-72I)
Chapter I General (art. 4)
In force
Article 4 Specified activities: general
Chapter II Accepting deposits (arts. 5-9AC)
The activity (art. 5)
In force
Article 5 Accepting deposits
Exclusions (arts. 6-9AC)
In force
Article 6 Sums paid by certain persons
In force
Article 7 Sums received by solicitors etc.
In force
Article 8 Sums received by persons authorised to deal etc.
In force
Article 9 Sums received in consideration for the issue of debt securities
In force
Article 9A Sums received in exchange for electronic money
In force
Article 9AA Managers of UCITS and AIFs
In force
Article 9AB Funds received for payment services
In force
Article 9AC Local authorities
Chapter IIA Electronic Money (arts. 9B-9L)
The activity (arts. 9B-9BA)
In force
Article 9B Issuing electronic money
In force
Article 9BA
Exclusions (arts. 9C-9G)
In force
Article 9C Persons certified as small issuers etc.
In force
Article 9D Applications for certificates
In force
Article 9E Revocation of certificate on FCA's own initiative
In force
Article 9F Revocation of certificate on request
In force
Article 9G Obtaining information from certified persons etc.
Supplemental (arts. 9H-9L)
In force
Article 9H Rules prohibiting the issue of electronic money at a discount
In force
Article 9I False claims to be a certified person
In force
Article 9J Exclusion of electronic money from the compensation scheme
In force
Article 9K Record of certified persons
Omitted
Article 9L Funds received for payment services
Chapter III Insurance (arts. 10-13)
The activities (art. 10)
In force
Article 10 Effecting and carrying out contracts of insurance
Exclusions (arts. 11-12B)
Omitted
Article 11 Community co-insurers
In force
Article 12 Breakdown insurance
In force
Article 12A Managers of UCITS and AIFs
In force
Article 12B Transformer vehicles: insurance risk transformation
Supplemental (art. 13)
In force
Article 13 Application of sections 327 and 332 of the Act to insurance market activities
Chapter IIIA Insurance risk transformation (art. 13A)
In force
Article 13A Transformer vehicles: insurance risk transformation
Chapter IV Dealing in investments as principal (arts. 14-20)
The activity (art. 14)
In force
Article 14 Dealing in investments as principal
Exclusions (arts. 15-20)
In force
Article 15 Absence of holding out etc.
In force
Article 16 Dealing in contractually based investments
In force
Article 17 Acceptance of instruments creating or acknowledging indebtedness
In force
Article 18 Issue by a company of its own shares etc.
In force
Article 18A Dealing by a company in its own shares
In force
Article 19 Risk management
In force
Article 19A Transformer vehicles: insurance risk transformation
In force
Article 20 Other exclusions
Chapter V Dealing in investments as agent (arts. 21-24)
The activity (art. 21)
In force
Article 21 Dealing in investments as agent
Exclusions (arts. 22-24)
In force
Article 22 Deals with or through authorised persons
In force
Article 23 Risk management
In force
Article 24 Other exclusions
Chapter VA Bidding in Emissions Auctions (arts. 24A-24B)
The activity (art. 24A)
In force
Article 24A Bidding in emissions auctions
Exclusions (art. 24B)
In force
Article 24B Miscellaneous exclusions
Chapter VI Arranging deals in investments (arts. 25-36)
The activities (arts. 25-25E)
Partly in force
Article 25 Arranging deals in investments
In force
Article 25A Arranging regulated mortgage contracts
In force
Article 25B Arranging regulated home reversion plans
In force
Article 25C Arranging regulated home purchase plans
Partly in force
Article 25D Operating a multilateral trading facility
Partly in force
Article 25DA Operating an organised trading facility
Partly in force
Article 25DB Operating an electronic system for public offers of relevant securities
In force
Article 25E Arranging regulated sale and rent back agreements
Exclusions (arts. 26-36)
In force
Article 26 Arrangements not causing a deal
Partly in force
Article 27 Enabling parties to communicate
In force
Article 28 Arranging transactions to which the arranger is a party
In force
Article 28A Arranging contracts, plans or agreements to which the arranger is a party
In force
Article 29 Arranging deals with or through authorised persons
In force
Article 29A Arrangements made in the course of administration by authorised person
In force
Article 30 Arranging transactions in connection with lending on the security of insurance policies
In force
Article 31 Arranging the acceptance of debentures in connection with loans
In force
Article 32 Provision of finance
In force
Article 33 Introducing
In force
Article 33A Introducing to authorised persons etc.
In force
Article 33B Provision of information - contracts of insurance
In force
Article 34 Arrangements for the issue of shares etc.
In force
Article 35 International securities self-regulating organisations
In force
Article 35A Trade repositories
In force
Article 35AB Securitisation repositories
In force
Article 35B Providing pensions guidance
In force
Article 36 Other exclusions
Chapter VIA Credit Broking (arts. 36A-36G)
The activity (art. 36A)
In force
Article 36A Credit broking
Exclusions (arts. 36B-36G)
In force
Article 36B Introducing by individuals in the course of canvassing off trade premises
In force
Article 36C Activities for which no fee is paid
In force
Article 36D Transaction to which the broker is a party
In force
Article 36E Activities in relation to certain agreements relating to land
In force
Article 36F Activities carried on by members of the legal profession etc
Draft
Draft Article 36FB Activities in relation to certain regulated credit agreements
In force
Article 36FA Activities carried on by registered social landlords
In force
Article 36G Other exclusions
Chapter VIB Operating an Electronic System in Relation to Lending (arts. 36H-36J)
The activity (art. 36H)
In force
Article 36H Operating an electronic system in relation to lending
Exclusion (arts. 36I-36IA)
Omitted
Article 36I Information society services
In force
Article 36IA Activities in relation to debentures and bonds
Supplemental (art. 36J)
In force
Article 36J Meaning of "consumer"
Chapter VII Managing investments (arts. 37-39)
The activity (art. 37)
In force
Article 37 Managing investments
Exclusions (arts. 38-39)
In force
Article 38 Attorneys
In force
Article 39 Other exclusions
Chapter VIIA assisting in the Administration and Performance of a Contract of Insurance (arts. 39A-39C)
The activity (art. 39A)
In force
Article 39A Assisting in the administration and performance of a contract of insurance
Exclusions (arts. 39B-39C)
In force
Article 39B Claims management on behalf of an insurer etc.
In force
Article 39C Other exclusions
Chapter VIIB Activities in Relation to Debt (arts. 39D-39M)
The activities (arts. 39D-39G)
In force
Article 39D Debt adjusting
In force
Article 39E Debt-counselling
In force
Article 39F Debt-collecting
In force
Article 39G Debt administration
Exclusions (arts. 39H-39L)
In force
Article 39H Activities where person has a connection to the agreement
In force
Article 39I Activities carried on by certain energy suppliers
In force
Article 39J Activities carried on in relation to a relevant agreement in relation to land
In force
Article 39K Activities carried on by members of the legal profession etc
In force
Article 39KA Activities carried on by reason of providing pensions guidance
In force
Article 39L Other exclusions
Supplemental (art. 39M)
In force
Article 39M Meaning of "consumer" etc.
Chapter VIII Safeguarding and administering investments (arts. 40-44)
The activity (art. 40)
In force
Article 40 Safeguarding and administering investments
Exclusions (arts. 41-44)
In force
Article 41 Acceptance of responsibility by third party
In force
Article 42 Introduction to qualifying custodians
In force
Article 42A Depositaries of UK UCITS and AIFs
In force
Article 43 Activities not constituting administration
In force
Article 44 Other exclusions
Chapter IX Sending dematerialised instructions (arts. 45-50)
The activities (art. 45)
In force
Article 45 Sending dematerialised instructions
Exclusions (arts. 46-50)
In force
Article 46 Instructions on behalf of participating issuers
In force
Article 47 Instructions on behalf of settlement banks
In force
Article 48 Instructions in connection with takeover offers
In force
Article 49 Instructions in the course of providing a network
In force
Article 50 Other exclusions
Chapter X Collective investment (arts. 51-51A)
The activities (art. 51-51ZE)
Deleted
Article 51 Establishing etc. a collective investment scheme
In force
Article 51ZA Managing a UK UCITS
In force
Article 51ZB Acting as trustee or depositary of a UK UCITS
In force
Article 51ZC Managing an AIF
In force
Article 51ZD Acting as trustee or depositary of an AIF
In force
Article 51ZE Establishing etc. a collective investment scheme
Exclusions (arts. 51ZF-51A)
In force
Article 51ZF Persons excluded from managing an AIF
In force
Article 51ZG Operating a collective investment scheme in relation to a UK UCITS or an AIF
In force
Article 51A Other exclusions
Chapter XI Pension schemes (arts. 52-52A)
The activities (art. 52)
In force
Article 52 Establishing etc. a pension scheme
Exclusion (art. 52A)
In force
Article 52A Other exclusions
Chapter XIA Providing basic advice on stakeholder products (arts. 52B-52C)
The activity (art. 52B)
In force
Article 52B Providing basic advice on stakeholder products
Exclusion (art. 52C)
In force
Article 52C Providing pensions guidance
Chapter XII Advising on investments (arts. 53-55)
The activity (arts. 53-53E)
In force
Article 53 Advising on investments
In force
Article 53A Advising on regulated mortgage contracts
In force
Article 53B Advising on regulated home reversion plans
In force
Article 53C Advising on regulated home purchase plans
In force
Article 53D Advising on regulated sale and rent back agreements
In force
Article 53DA Advising on regulated credit agreements for the acquisition of land
In force
Article 53E Advising on conversion or transfer of pension benefits
Exclusions (arts. 54-55)
In force
Article 54 Advice given in newspapers etc.
In force
Article 54A Advice given in the course of administration by authorised person
In force
Article 54B Advice given by reason of providing pensions guidance
In force
Article 55 Other exclusions
Chapter XIII Lloyd's (arts. 56-58A)
The activities (arts. 56-58)
In force
Article 56 Advice on syndicate participation at Lloyd's
In force
Article 57 Managing the underwriting capacity of a Lloyd's syndicate
In force
Article 58 Arranging deals in contracts of insurance written at Lloyd's
Exclusion (art. 58A)
In force
Article 58A Managers of UCITS and AIFs
Chapter XIV Funeral plan contracts (arts. 59-60AA)
The activity (art. 59)
In force
Article 59 Funeral plan contracts
Exclusions (arts. 60-60AA)
Omitted
Article 60 Plans covered by insurance or trust arrangements
In force
Article 60ZA Local authorities
In force
Article 60A Managers of UCITS and AIFs
In force
Article 60AA Insolvency practitioners
Chapter XIVA Regulated Credit Agreements (arts. 60B-60M)
The activities (arts. 60B-60HA)
In force
Article 60B Regulated credit agreements
In force
Article 60C Exempt agreements: exemptions relating to the nature of the agreement
In force
Article 60D Exempt agreements: exemption relating to the purchase of land for non-residential purposes
In force
Article 60E Exempt agreements: exemptions relating to the nature of the lender
In force
Article 60F Exempt agreements: exemptions relating to number of repayments to be made
In force
Article 60G Exempt agreements: exemptions relating to the total charge for credit
In force
Article 60H Exempt agreements: exemptions relating to the nature of the borrower
In force
Article 60HA Exempt agreements: provision qualifying articles 60E and 60F
Exclusions (arts. 60I-60K)
In force
Article 60I Arranging administration by authorised person
In force
Article 60J Administration pursuant to agreement with authorised person
Omitted
Article 60JA Payment institutions
Omitted
Article 60JB Electronic money institutions
In force
Article 60K Other exclusions
Supplemental (arts. 60L-60M)
In force
Article 60L Interpretation of Chapter 14A etc.
In force
Article 60LA Meaning of consumer etc.
In force
Article 60LB Green deal plans
In force
Article 60M Total charge for credit
Chapter XIVB Regulated Consumer Hire Agreements (art. 60N-60S)
The activities (arts. 60N-60Q)
In force
Article 60N Regulated consumer hire agreements
In force
Article 60O Exempt agreements: exemptions relating to nature of agreement
In force
Article 60P Exempt agreements: exemptions relating to supply of essential services
In force
Article 60Q Exempt agreements: exemptions relating to the nature of the hirer
Exclusion (art. 60R)
In force
Article 60R Other exclusions
Supplemental (art. 60S)
In force
Article 60S Meaning of consumer etc.
Chapter XV Regulated mortgage contracts (arts. 61-63A)
The activities (arts. 61-61A)
In force
Article 61 Regulated mortgage contracts
In force
Article 61A Mortgage contracts which are not regulated mortgage contracts
Exclusions (arts. 62-63A)
In force
Article 62 Arranging administration by authorised person
In force
Article 63 Administration pursuant to agreement with authorised person
In force
Article 63A Other exclusions
Chapter XVA Regulated home reversion plans (arts. 63B-63E)
The activities (art. 63B)
In force
Article 63B Entering into and administering regulated home reversion plans
Exclusions (arts. 63C-63E)
In force
Article 63C Arranging administration by authorised person
In force
Article 63D Administration pursuant to agreement with authorised person
In force
Article 63E Other exclusions
Chapter XVB Regulated home purchase plans (arts. 63F-63I)
The activities (art. 63F)
In force
Article 63F Entering into and administering regulated home purchase plans
Exclusions (arts. 63G-63I)
In force
Article 63G Arranging administration by authorised person
In force
Article 63H Administration pursuant to agreement with authorised person
In force
Article 63I Other exclusions
Chapter XVC Regulated Sale and Rent Back Agreements (arts. 63J-63M)
The activities (art. 63J)
In force
Article 63J Entering into and administering regulated sale and rent back agreements
Exclusions (arts. 63K-63M)
In force
Article 63K Arranging administration by authorised person
In force
Article 63L Administration pursuant to agreement with authorised person
In force
Article 63M Other exclusions
Chapter XVD Activities of Reclaim Funds (art. 63N)
The activities (art. 63N)
In force
Article 63N Dormant account funds
Chapter XVE Specified Benchmarks (arts. 63O-63T)
The activities (arts. 63O-63T)
Revoked
Article 63O Specified benchmarks
Revoked
Article 63P Publicly available factual data and subscription services
Revoked
Article 63Q Administration of a specified benchmark by the FCA
Revoked
Article 63R Schedule
In force
Article 63S Administering a benchmark
In force
Article 63T Administration of a benchmark by the FCA
Chapter XVI Agreeing to carry on activities (arts. 64-65)
The activity (art. 64)
In force
Article 64 Agreeing to carry on specified kinds of activity
Exclusions (art. 65)
In force
Article 65 Overseas persons etc
Chapter XVII Exclusions applying to several specified kinds of activity (arts. 66-72J)
In force
Article 66 Trustees, nominees and personal representatives
In force
Article 67 Activities carried on in the course of a profession or non-investment business
In force
Article 68 Activities carried on in connection with the sale of goods or supply of services
In force
Article 69 Groups and joint enterprises
In force
Article 70 Activities carried on in connection with the sale of a body corporate
In force
Article 71 Activities carried on in connection with employee share schemes
In force
Article 72 Overseas persons
Omitted
Article 72A Information society services
In force
Article 72AA Managers of UK UCITS and AIFs
In force
Article 72B Activities carried on by a provider of relevant goods or services
In force
Article 72C Provision of information on an incidental basis
In force
Article 72D Large risks contracts where risk situated outside the United Kingdom
In force
Article 72E Business Angel-led Enterprise Capital Funds
In force
Article 72F Interpretation
In force
Article 72G Local authorities
In force
Article 72H Insolvency practitioners
In force
Article 72I Registered consumer buy-to-let mortgage firms
In force
Article 72J Persons seeking to use the exemption under Article 2.1(j) of the markets in financial instruments directive
Part III Specified investments (arts. 73-89)
In force
Article 73 Investments: general
In force
Article 74 Deposits
In force
Article 74A Electronic money
In force
Article 75 Contracts of insurance
In force
Article 76 Shares etc.
In force
Article 77 Instruments creating or acknowledging indebtedness
In force
Article 77A Alternative finance investment bonds
In force
Article 78 Government and public securities
In force
Article 79 Instruments giving entitlements to investments
In force
Article 80 Certificates representing certain securities
In force
Article 81 Units in a collective investment scheme
In force
Article 82 Rights under a pension scheme
In force
Article 82ZA Pensions in respect of which information is requested or provided using a pensions dashboard service
In force
Article 82A Greenhouse gas emissions allowances
In force
Article 82B Emission allowances
In force
Article 83 Options
In force
Article 84 Futures
In force
Article 85 Contracts for differences etc.
In force
Article 86 Lloyd's syndicate capacity and syndicate membership
In force
Article 87 Funeral plan contracts
In force
Article 88 Regulated mortgage contracts
In force
Article 88A Regulated home reversion plans
In force
Article 88B Regulated home purchase plans
In force
Article 88C Regulated sale and rent back agreements
In force
Article 88D Credit agreement
In force
Article 88E Consumer hire agreement
In force
Article 89 Rights to or interests in investments
Part IIIA Specified Activities in Relation to Infomation (arts. 89A-89E)
The activities (arts. 89A-89B and draft art. 89BA)
In force
Article 89A Providing credit information services
In force
Article 89B Providing credit references
In force
Article 89BA Operating a pensions dashboard service
Exclusions (arts. 89C-89D)
In force
Article 89C Activities carried on by members of the legal profession, etc
In force
Article 89D Other exclusions
Supplemental (art. 89E)
In force
Article 89E Meaning of "consumer" etc.
Part IIIB Claims Management Activities in Great Britain (arts. 89F-89W)
The activities (arts. 89F-89M)
In force
Article 89F Specified kinds of claims management activity
In force
Article 89G Seeking out, referrals and identification of claims or potential claims
In force
Article 89H Advice, investigation or representation in relation to a personal injury claim
In force
Article 89I Advice, investigation or representation in relation to a financial services or financial product claim
In force
Article 89J Advice, investigation or representation in relation to a housing disrepair claim
In force
Article 89K Advice, investigation or representation in relation to a claim for a specified benefit
In force
Article 89L Advice, investigation or representation in relation to a criminal injury claim
In force
Article 89M Advice, investigation or representation in relation to an employment related claim
Exclusions (arts. 89N-89W)
In force
Article 89N Claims management activity conducted by legal professionals
In force
Article 89O Claims management activity conducted by a charity or not-for-profit agency
In force
Article 89P Claims management activity conducted by a person appointed by a statutory or other public body
In force
Article 89Q Claims management activity conducted by the Motor Insurers' Bureau
In force
Article 89R Claims management activity conducted by a medical defence union
In force
Article 89S Claims management activity conducted an independent trade union
In force
Article 89T Claims management activity conducted by a students' union
In force
Article 89U Claims management activity conducted by an insurance intermediary
In force
Article 89V Certain providers of referrals
In force
Article 89W Services in connection with counterclaims and claims against third parties
Part IV Consequential provisions (arts. 90-91)
Regulated mortgage contracts: consequential provisions (arts. 90-91)
Omitted
Article 90 Consequential amendments of the Consumer Credit Act 1974
Omitted
Article 91 Consequential amendments of subordinate legislation under the Consumer Credit Act 1974
Part V Unathorised Persons Carrying on Insurance Distribution Activities (arts. 92-96)
In force
Article 92 Interpretation
In force
Article 93 Duty to maintain a record of unauthorised persons carrying on insurance distribution activities
In force
Article 94 Members of designated professional bodies
In force
Article 95 Exclusion from record where not fit and proper to carry on insurance distribution activities
In force
Article 96 Exclusion from the record where FCA has exercised its powers under Part XX of the Act
Part VI Miscellaneous (art. 97)
In force
Article 97 Disapplication of section 49(2) of the Act
Schedule 1 Contracts of insurance
In force
Schedule 1, Part I Contracts of general insurance (paras. 1 - 18)
In force
Schedule 1, Part II Contracts of long-term insurance (paras. I - IX)
In force
Schedule 2 Financial Instruments and Investment services and activities
In force
Schedule 3 Exemptions from the definition of "investment firm"
In force
Schedule 4 Relevant Text of the Insurance Distribution Directive
In force
Schedule 4A Meaning of "borrower" in relation to green deal credit agreements
Revoked
Schedule 5 Specified Benchmarks
Omitted
Schedule 6 Functions Included in the Activity of Managing a UCITS: Annex II to the UCITS Directive
In force
Schedule 7 Additional Activities Included in the Activity of Managing an AIF Listed in Paragraph 2 of Annex I to the Alternative Investment Fund Managers Directive
In force
Schedule 8 Persons Exluded From Regulated Activity of Managing an AIF
Signature
Explanatory Note