1.5. The UK Regulatory Infrastructure.

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In addition to the FCA and the PRA, there are other bodies:
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Competition and Markets Authority, (CMA) | Financial Policy Committee, (FPC) | HM Treasury (HMT) | HMRC | BoE
Competition and Markets Authority objective is __
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CMA
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is to ensure that consumers get a good deal when buying goods and services | and businesses operate within the law.
CMA activity:
Competition and Markets Authority
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Mergers investigating. | Market studies conducting. | Investinating prohibitions against anti-competitive agreements. | Cartel offence proceedings. | Consumer protection legislation enforcing.
Outcomes that the CMA is looking
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Competition and Markets Authority
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People getting fair deals. | Competitive market. | UK economy can grow.
HMRC
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The government department responsible for the collection of tax, | and the guidance notes on HM Treasury’s rules for ISAs.
Since 2009, Bank of England has had a statutory objective to
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‘contribute to protecting and enhancing the stability of the financial systems of the UK’
From April 2013, the BoE took on further responsibilities that saw the creation of an independent Financial Policy Committee (FPC) at the BoE.
Financial Policy Committee is charged with ___?
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identifying and reduce systemic risks with a view to protecting the resilience of the UK financial system
The FPC meets at least four times a year.
FPC is responsible for Financial Stability Report for the BoE’s __ Financial Stability Report.
Financial Policy Committee
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biannual Financial Stability Report (FSR).
which covers the stability and resilience of the financial sector.
BoE two main areas:
BoE
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Monetary Stability, | Financial Stability.
Monetary Stability two main criteria:
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Stable prices, | confidence in the currency.
Bank’s Monetary Policy Committee meets eight times a year (roughly every 6 weeks).
Financial Stability. BoE’s surveillance functions detect __?
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threats to the financial system.
In exceptional circumstances, the BoE may act as the lender of last resort by extending credit to banks.
BoE works together with other institutions, including:
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HM Treasury, | Goverment, | Other central banks.
HM Treasury
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The government department responsible for implementing the government’s financial and economic policies. It's responsible for financial services regulation in the UK.
Pensions Regulator (TPR)
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Regulates work-based pension schemes | and encourage high standards in the running of pension schemes.
Who appoints the CEO & chair of FCA?
sometimes referred to as the Treasury,
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The Chancellor of the Exchequer
head of HM Treasury
often abbreviated to chancellor
Which body protects the UK’s workplace pensions?
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The Pensions Regulator (TPR)
Two primary occupational pension schemes:
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contributory | non-contributory
where part of an employee’s salary is added to the employer’s contribution, | where employers solely make the payments.
Pension scheme can be set up as
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Both contributory and non-contributory
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Defined contribution (DC) schemes. |Defined benefit (DB) scheme.
where a set amount of payment is made to the scheme, | where scheme members are guaranteed to receive x% amount of the final salary.
The main aim of the Pensions Act 2008 was to introduce...
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‘automatic enrolment’ for workplace pensions,
TPR can take enforcement actions if an employer does not comply with its legal responsibilities.
Following Brexit, the UK government introduced legislation that converted existing direct EU legislation into __?
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into UK law.
The European Union (Withdrawal) Act 2018 gave the government powers to amend current legislation.
Markets in Financial Instruments Directive
or MiFID framework
MiFID
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An EU directive which allows firms authorised in one member state to offer financial services to customers in another member state. It was replaced by MiFID II in 2018.
Markets in Financial Instruments Regulation
MiFIR
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A Regulation which came into effect alongside MiFID II in 2018, following a review of MiFID.
As a regulation, EU member states are not required to ‘transpose’ MiFIR into national law.
EU Guidelines published by ESMA and the EBA still...
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... still apply until stated otherwise by FC& PRA.
European Securities and Markets Authority,| European Banking Authority
MIFID & MiFIR ensure...
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ensure UK firms are complying with the same legislation as EU firms.
Implemented in UK by FCA
‘assimilated law'
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Retained EU rules still applicable, as no UK versions exist yet
HM Treasury ‘Wholesale Markets Review’ purpose:
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to determine how much of the existing EU Regulation needed adapting to reflect the UK approach to financial regulation.
In 2021 HMT published a review of the wholesale markets in the UK. UK government believed that the EU approach to regulation meant that some regulation was not calibrated for the uniqueness of the UK markets.
‘Wholesale Markets Review’ objectives:
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Upholding high regulatory standards, | promoting competitiveness, | supporting economic growth.
Financial Services and Markets Act 2023 essence:
HM Treasury
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providing the powers and legislative structure for HMT, PRA and FCA.
Financial Services and Markets Act 2023 will start the process of ...?
overhaul
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of revoking retained EU law relating to financial services and enable to replace it with legislation designed specifically for UK markets.
A greater focus on long-term growth.
Money Laundering
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The process whereby criminals attempt to conceal the true origins of the proceeds of their criminal activities and to give them the appearance of legitimacy.
Why Does Overseas Legislation Impact UK Financial Services?
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Because many firms operate globally, offering products and services which have similar but different local rules
Intergovernmental (supernational) bodies do not make rules that directly apply in the UK, but...
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but their recommendations shape the structure and future of UK financial services regulation,
The Financial Action Task Force (FATF). | Bank for International Settlements (BIS)
Financial Action Task Force (FATF) areas of activity:
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global anti-money laundering |and terrorist financing
What does stand for FATF?
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Financial Action Task Force
developed 40 Recommendations; 200 countries have committed to implementing them
What does stand for BIS?
BIS
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Bank for International Settlements
63 central banks and monetary authorities are currently members and have rights of voting
Bank for International Settlements is __
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an international financial institution that serves as a bank for central banks and fostering international monetary cooperation.
The BIS is owned and governed by central banks.
BIS. How many members does its Board of Directors have”
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18 members,
including 6 ‘ex-officio’ Directors, comprising the Central Bank Governors of Belgium, France, Germany, Italy, UK and USA.
What does stand IOSCO?
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International Organisation of Securities Commissions
IOSCO essence:
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It is the global body that sets international standards for securities regulation.
over 130 jurisdictions to protect investors, | IOSCO Board comprises 34 regulators
What are IOSCO Principles?
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Core documents where IOSCO develops and promotes adherence to internationally recognised standards.
The Internal Audit function is expected to develop ...?
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an independent view of the risks faced by a firm based on their access to all records and data.
External auditors should:
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have relevant industry knowledge, | Competence to respond a material misstatement, | be objective, | exercise professional scepticism.
A trust is a...
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a type of legal arrangement that allows a suitable third party (ie, a trustee) to manage the asset on behalf of an beneficiary.
Who has ultimate responsibility for decision-making in a trust?
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Trustees
Trustees can delegate the management of their investments to
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finance |or investment committee.
How can form a finance or investment committee in a trust?
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It may consist solely of trustees, | but an external investment sub-committee may also be established.
Which body issued the set of 10 principles on compliance for firms?
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BIS
Bank for International Standards
Who produced guidelines on certain aspects of the MiFID II Compliance function for firms?
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ESMA
European Securities and Markets Authority
after Brexit ESMA will not apply in the UK. | FCA will replace the EU supervisory bodies Guidelines with its own guidance.
Membership of Industry Bodies can be...?
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at the individual level, |or at the firm level.
Senior individuals within regulated firms, acting in a personal capacity. | Iindividuals acting on behalf of their firm.
Members of Industry Bodies will be subject to a ___?
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‘code of conduct’,
Example of this would be the ‘FX Global Code’ (re: wholesale foreign exchange market)
In banking and finance in the UK no Professional Pody has statutory regulatory powers, with the exception of...?
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accountancy|and actuarial sectors.
ie, the Chartered Institute for Securities. The CISI expects members to comply with its ‘code of conduct’.
Trade Associations undertake advocacy on behalf of their members with
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legislators | and regulators
ie HM Treasury. | PRA/FCA.
Two types of trade associations:
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product-specific, | generalist.
ie, ISLA for securities lending, ICMA for bonds and repos, ISDA for OTC derivatives. || AFME, the Association of Foreign Banks.

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