New Clause 30 - The FCA and financial services interfaces: penalties and levies

Data Protection and Digital Information Bill – in the House of Commons am 4:15 pm ar 29 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

“(1) Subsections (2) and (3) are about the provision that regulations made by the Treasury under this Part providing for the FCA to enforce requirements under FCA interface rules may (among other things) contain in relation to financial penalties.

(2) The regulations may require or enable the FCA—

(a) to set the amount or maximum amount of, or of an increase in, a penalty imposed in respect of failure to comply with a requirement imposed by the FCA in exercise of a power conferred by regulations under section (The FCA and financial services interfaces) (whether imposed by means of FCA interface rules or an FCA additional requirement), or

(b) to set the method for determining such an amount.

(3) Regulations made in reliance on subsection (2)—

(a) must require the FCA to produce and publish a statement of its policy with respect to the amount of the penalties;

(b) may require the policy to include specified matters;

(c) may make provision about the procedure for producing the statement;

(d) may require copies of the statement to be provided to specified persons;

(e) may require the FCA to have regard to a statement published in accordance with the regulations.

(4) The Treasury may by regulations—

(a) impose, or provide for the FCA to impose, a levy on data holders, authorised persons or third party recipients for the purpose of meeting all or part of the expenses incurred, or to be incurred, during a period by the FCA, or by a person acting on the FCA’s behalf, in performing duties, or exercising powers, imposed or conferred on the FCA by regulations under section (The FCA and financial services interfaces), and

(b) make provision about how funds raised by means of the levy must or may be used.

(5) Regulations under subsection (4) may only provide for a levy in respect of expenses of the FCA to be imposed on persons that appear to the Treasury to be capable of being directly affected by the exercise of some or all of the functions conferred on the FCA by regulations under section (The FCA and financial services interfaces).

(6) Section 75(3) and (4) apply in relation to regulations under subsection (4) of this section as they apply in relation to regulations under section 75(1).”—(Sir John Whittingdale.)

This new clause enables the Treasury, by regulations, to confer power on the Financial Conduct Authority to set the amount of certain penalties. It also enables the Treasury to impose a levy in respect of expenses incurred by that Authority.

Brought up, read the First and Second time, and added to the Bill.