Section 3M: Directions relating to consolidated supervision of groups, Financial Services and Markets Act 2000

This section applies where one of the regulators ("the supervising regulator"), but not the other, is the competent authority for the purpose of consolidated supervision that is required in relation to some or all of the members of a group ("the relevant group") in pursuance of —

any implementing provision contained in subordinate legislation (within the meaning of the Interpretation Act 1978) made otherwise than by any of the following—

statutory instrument, and

statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)); ...

any other implementing provision (as amended from time to time),

Part 9C rules;

CRR rules; or

rules made under section 192XA.

"Consolidated supervision" includes supplementary supervision.

"Implementing provision" means an enactment that immediately before IP completion day implemented provisions of any of the relevant directives.

The "relevant directives" are—

the capital requirements directive;

Directive 2002/87/EC of the European Parliament and of the Council on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directive 2009/138/EC of the European Parliament and the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II).

Directive 2014/59/EU of the European Parliament and of the Council of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms.

The supervising regulator may, if it considers it necessary to do so for the effective consolidated supervision of the relevant group, give the other regulator a direction under this section.

A direction under this section is a direction requiring the other regulator to exercise, or not to exercise, a relevant function in a specified manner in relation to authorised persons who are members of the relevant group.

The direction may relate to members of the relevant group other than the members in respect of which consolidated supervision is required.

A "relevant function", in relation to either regulator, is a function conferred by or under this Act which relates to the regulation of authorised persons, but does not include—

the regulator's function of making rules under this Act;

its function of preparing and issuing codes under this Act;

its function of determining the general policy and principles by reference to which it performs particular functions;

the FCA's functions in relation to the giving of general guidance;

the PRA's functions in relation to the giving of guidance under section 2I;

the FCA's functions in relation to consent for the purposes of section 55F or 55I.

The direction may not require the regulator to which it is given ("the directed regulator") to do anything that it has no power to do, but the direction is relevant to the exercise of any discretion conferred on the directed regulator.

The directed regulator must comply with the direction as soon as practicable, but this is subject to subsections (10) and (11).

The directed regulator is not required to comply with a direction under this section if or to the extent that in its opinion compliance would be incompatible with any ... international obligation of the United Kingdom.

Directions given by the FCA under this section are subject to any directions given to the FCA under section 3I or 3J.

Section 3M: Directions relating to consolidated supervision of groups

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