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Financial Guidance and Claims Act 2018 (c. 10)Introductory TextPart 1 Financial Guidance etc (ss. 1-26)Establishment of the single financial guidance body (s. 1)1. The single financial guidance bodyObjectives and functions of the single financial guidance body (ss. 2-8)2. Objectives3. Functions4. Specific requirements as to the pensions guidance function5. Delegation of functions to delivery partner organisations6. Debt respite scheme: advice to the Secretary of State7. Debt respite scheme: regulations8. Guidance and directions from the Secretary of StateStandards set by the single financial guidance body (ss. 9-10)9. Setting standards10. Monitoring and enforcement of standardsFunding of the single financial guidance body (ss. 11-13)11. Financial assistance from the Secretary of State12. Levies under Pension Schemes Act 1993 and Pension Schemes (NI) Act 199313. Levy under FSMA 2000 for expenses of single financial guidance bodyFunding of debt advice in Scotland, Wales and Northern Ireland (s. 14)14. Levy under FSMA 2000 for debt advice expenses of devolved authoritiesOffence of impersonating the single financial guidance body (ss. 15-16)15. False claims about provision of information etc16. Offences under section 15 committed by bodies corporate etcInformation exchange (s. 17)17. Disclosure of informationRules etc about financial guidance 9 (ss. 18-20)18. Personal pension schemes: requirements to refer members to guidance etc19. Occupational pension schemes: requirements to refer members to guidance etc20. FCA general rules: information about the availability of guidanceUnsolicited direct marketing approaches (ss. 21-22)21. Unsolicited direct marketing: pensions22. Unsolicited direct marketing: other consumer financial products etcMiscellaneous (ss. 23-26)23. Power to dissolve the single financial guidance body24. Regulations dissolving the new single financial guidance body: procedure25. Minor and consequential amendments26. Interpretation of Part 1Part 2 Claims Management Services (ss. 27-35)Transfer of regulation of claims management services to FCA (s. 27)27. Transfer to FCA of regulation of claims management servicesCharges for claims management services (ss. 28-34)28. Power of FCA to make rules restricting charges for claims management services29. PPI claims and charges for claims management services: general30. PPI claims: interim restriction on charges before transfer of regulation to FCA31. PPI claims: interim restriction on charges imposed by authorised persons after transfer of regulation to FCA32. PPI claims: interim restriction on charges imposed by legal practitioners after transfer of regulation to FCA33. Legal services regulators' rules: charges for claims management services34. Extension of power of the Law Society of Scotland to make rulesCold calling about claims management services (s. 35)35. Cold calling about claims management servicesPart 3 General (ss. 36-38)36. Extent37. Commencement38. Short titleSchedule 1 The Single Financial Guidance BodySchedule 2 Transfer Schemes under Section 1Schedule 3 Minor and Consequential Amendments Relating to Part 1Schedule 4 Regulation of Claims Management Services: Transfer SchemesSchedule 4, Part 1 Application and Interpretation (paras. 1-2)Schedule 4, Part 2 Transfer of Property and Staff from the Regulator to the FCA (paras. 3-12)Schedule 4, Part 3 Transfer of Property and Staff from the OLC to the FOS (paras. 13-29)Schedule 5 Regulation of Claims Management Services: Transitional Provision
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 March 2019 - onwards
Version 2 of 2

28. Power of FCA to make rules restricting charges for claims management services

(1) The Financial Services and Markets Act 2000 is amended as set out in subsections (2) and (3).

(2) After section 137FC (inserted by section 20) insert -

"137FD FCA general rules: charges for claims management services

(1) The power of the FCA to make general rules includes power to make rules prohibiting authorised persons from -

(a) entering into a specified regulated claims management agreement that provides for the payment by a person of charges which, taken with charges payable under an agreement treated by the rules as being connected with the regulated claims management agreement (if any), are specified charges, and

(b) imposing specified charges on a person in connection with the provision of a service which is, or which is provided in connection with, a specified regulated claims management activity.

(2) The FCA must make rules by virtue of subsection (1) in relation to all regulated claims management agreements, and all regulated claims management activities, which concern claims in relation to financial products or services.

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