Citation, commencement and interpretation

1. —(1) This Order may be cited as the Payment to Treasury of Penalties (Enforcement Costs) Order 2013 and comes into force on 1st April 2013.

(2) In this Order—

“the 2012 Act” means the Financial Services Act 2012;

“FSMA 2000” means the Financial Services and Markets Act 2000.

Enforcement powers

2. —(1) The following enactments are specified for the purposes of paragraph 20(4)(d) of Schedule 1ZA to FSMA 2000 (payment to the Treasury of penalties received by Financial Conduct Authority) and section 109(4)(b) of the 2012 Act (payment to Treasury of penalties received by Financial Services Authority)—

(a) section 359(1)(c) of FSMA 2000 (administration order in relation to a company or insolvent partnership carrying on a regulated activity in contravention of the general prohibition)( 3 ),

(b) section 367(1)(c) of FSMA 2000 (winding-up petitions in relation to a body carrying on a regulated activity in contravention of the general prohibition)( 4 ),

(c) section 372(1) of FSMA 2000 (bankruptcy petitions)( 5 ) in relation to a individual falling within section 372(7)(b) (individual who is carrying on, or has carried on, a regulated activity in contravention of the general prohibition),

(d) regulation 76 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 ,

(e) regulation 11 of the Transfer of Funds (Information on Payer) Regulations 2007( 6 ),

(f) regulations 30, 31(1)(c), 33 and 34 of the Regulated Covered Bonds Regulations 2008( 7 ),

(g) regulations 110, 111, 113, 114 and 116 of the Payment Services Regulations 2017,

(h) regulations 50, 51, 52, 54, 55 and 57 of the Electronic Money Regulations 2011( 8 ),

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) regulations 5, 6, 8 or 9 of the Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012( 9 ).

(k) regulation 9 of the Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013.

(l) regulation 4 of the Central Securities Depositories Regulations 2014.

(m) regulation 15 of the Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016.

(n) regulation 6 of the Packaged Retail and Insurance-based Investment Products Regulations 2017.

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Regulations 8 and 9 of the Uncertificated Securities Regulations 2001( 10 ) are specified for the purposes of section 110(4)(b) of the 2012 Act (payment to Treasury of penalties received by Bank of England).

Relevant offences

3. —(1) The offences specified in paragraph (2) are specified for the purposes of—

(a) paragraph 20(5)(e) of Schedule 1ZA to FSMA 2000 (payment to Treasury of penalties received by the Financial Conduct Authority),

(b) paragraph 28(5)(c) of Schedule 1ZB to FSMA 2000 (payment to Treasury of penalties received by the Prudential Regulation Authority),

(c) section 109(6)(d) of the 2012 Act (payment to Treasury of penalties received by Financial Services Authority), and

(d) section 110(4)(c) and (d) of the 2012 Act (payment to Treasury of penalties received by Bank of England).

(2) The offences specified in this paragraph are any offence under the law of any part of the United Kingdom other than—

(a) an offence under FSMA 2000,

(b) an offence under subordinate legislation made under that Act,

(c) an offence falling within section 402(1) of that Act (power of the FCA to institute proceedings for certain other offences)( 11 ), or

(d) an offence under Part 7 of the 2012 Act (offences relating to financial services).