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Draft Regulations on the UK Designated Activities Regime
November 11, 2024A draft version of the Financial Services and Markets Act 2000 (Designated Activities) (Supervision and Enforcement) Regulations 2024, together with an explanatory memorandum, have been laid before Parliament. The designated activities regime is a new U.K. concept to give the Financial Conduct Authority rulemaking powers over financial sector activities, such as public offers and listing, which are not necessarily carried out by regulated firms such as banks. We discussed the DAR in our bulletin, "Financial Services and Markets Bill: The Designated Activities Regime in the UK".
The Regulations will amend the Financial Services and Markets Act 2000 with regard to the FCA's supervision and enforcement of DAR requirements. They enable the FCA to supervise designated activities by gathering information and launching investigations into persons carrying out designated activities, and to enforce its designated activity rules by publicly censuring or imposing financial penalties on persons that breach them. They also set out the procedures that will apply to the FCA giving directions concerning designated activities. The Regulations have been laid before Parliament and will enter into force on the day after they are made.
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