|
|
| | 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 |
In force | Article 36FA Activities carried on by registered social landlords |
Draft | Draft Article 36FB Activities in relation to certain regulated credit agreements |
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 |
| | Draft Chapter 15F ESG ratings (draft arts. 63U-63ZB) |
| | Draft The activity (draft art. 63U) |
Draft | Draft Article 63U ESG ratings |
| | Draft Exclusions (draft arts. 63V-63ZB) |
Draft | Draft Article 63V Regulated products and services |
Draft | Draft Article 63W Intra-group ratings |
Draft | Draft Article 63X Private use |
Draft | Draft Article 63Y Ancillary non-commercial provision |
Draft | Draft Article 63Z Public authorities, central banks and international organisations |
Draft | Draft Article 63ZA Accreditation or certification |
Draft | Draft Article 63ZB Interpretation |
| | 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 |
Partly 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 |
