Financial Services and Markets Act 2000, section 137A

The FCA's general rules

PART 9A Rules and Guidance

(1)The FCA may make such rules applying to authorised persons—

(a)with respect to the carrying on by them of regulated activities, or

(b)with respect to the carrying on by them of activities which are not regulated activities,

as appear to the FCA to be necessary or expedient for the purpose of advancing one or more of its operational objectives.

(2)Rules made under this section are referred to in this Act as the FCA's general rules.

(3)The FCA's general rules may make provision applying to authorised persons even though there is no relationship between the authorised persons to whom the rules will apply and the persons whose interests will be protected by the rules.

(4)The FCA's general rules may contain requirements which take into account, in the case of an authorised person who is a member of a group, any activity of another member of the group.

F1041 (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1042 (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1042 (7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Read section 137A in the full Act → Definitions (5) Cases (11)

Definitions used in section 137A

the FCA

(2) The Financial Conduct Authority is in this Act referred to as “the FCA”.

Defined in s.1A(2) · see it in the full Act

“the FCA” means the Financial Conduct Authority;

Defined in s.417(1) · see it in the full Act
rule

“rule” means a rule made by the FCA or the PRA under this Act;

Defined in s.417(1) · see it in the full Act
authorised person

“authorised person” has the meaning given in section 31(2);

Defined in s.417(1) · see it in the full Act

(2) In this Act “authorised person” means a person who is authorised for the purposes of this Act.

Defined in s.31(2) · see it in the full Act
regulated activity

“regulated activity” has the meaning given in section 22;

Defined in s.417(1) · see it in the full Act
group

(1) In this Act “group”, in relation to a person (“A”), means A and any person who is—

(a)a parent undertaking of A;

(b)a subsidiary undertaking of A;

(c)a subsidiary undertaking of a parent undertaking of A;

(d)a parent undertaking of a subsidiary undertaking of A;

(e)an undertaking in which A or an undertaking mentioned in paragraph (a), (b), (c) or (d) has a participating interest;

(f)if A or an undertaking mentioned in paragraph (a) or (d) is a building society, an associated undertaking of the society; or

(g)if A or an undertaking mentioned in paragraph (a) or (d) is an incorporated friendly society, a body corporate of which the society has joint control (within the meaning of section 13(9)(c) or (cc) of the Friendly Societies Act 1992).

Defined in s.421(1) · see it in the full Act

Cases considering section 137A (11)

AXA France IARD SA v Santander Cards UK Limited

[2025] EWHC 1881 (Comm) · 25 July 2025Interprets

Interprets the complaints-handling rules as delegated legislation binding on the insurer and capable of creating a regulatory obligation to pay appropriate redress.

Hopcraft and another v Close Brothers Limited; Johnson v FirstRand Bank Limited (London Branch) t/a MotoNovo Finance; Wrench v FirstRand Bank Limited (London Branch) t/a MotoNovo Finance

[2025] UKSC 33 · 1 August 2025

This provision empowers the FCA to make rules for regulated activities in pursuit of its operational objectives. (see paras [255]; [298])

Axa France Iard SA & Anor v Santander Cards UK Limited & Anor

[2026] EWCA Civ 1185 · 15 September 2026

The court accepted that the relevant DISP rules had delegated-legislation status and bound the regulated insurers. That regulatory status did not create a liability directly enforceable by customers for contribution purposes. (see paras [109]; [118])

What each judgment says about section 137A is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F1041S. 137A(5) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 9 (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)
  2. F1042S. 137A(6)(7) repealed (1.1.2024) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 4 (with ss. 1(4), 7(4)); S.I. 2023/779, reg. 5(e)(i)

Modifications

  1. C401S. 137A modified by S.I. 2008/2674, art. 29(1) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 149(b)(i))
  2. C402S. 137A modified by S.I. 2008/2644, art. 27(1) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 147(b)(i))
  3. C403S. 137A modified by S.I. 2008/432, art. 15(1) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 136(d)(i))
  4. C404S. 137A modified by S.I. 2008/2546, art. 37(1) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 146(c)(i))
  5. C405S. 137A modified by S.I. 2008/2666, art. 18(1) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 148(b)(i))
  6. C406S. 137A power to make rules modified by S.I. 2002/1775, reg. 3(1)(4) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 77(4)(a))
  7. C407S. 137A applied (with modifications) (13.8.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(2)(b)(ii)(6), Sch. 6 para. 3(1) (with reg. 3) (as amended by S.I. 2018/1201, reg. 1(3), Sch. 2 para. 72(2) (with reg. 4, Sch. 3 Pt. 2) (as amended by S.I. 2020/56, regs. 1, 8)); and (18.9.2023) by S.I. 2023/790, regs. 1(2)(a), 4(5)(a)(i))
  8. C408S. 137A applied (with modifications) by S.I. 2011/99, Sch. 3 para. 2A(1) (as inserted (13.8.2017 for specified purposes, 13.10.2017 for specified purposes, 13.1.2018 in so far as not already in force) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(2)(c)(iii)(3)(f)(i)(6), Sch. 8 para. 5(31)(a) (with reg. 3) and as amended (31.12.2020) by S.I. 2018/1201, reg. 1(3), Sch. 2 para. 21(2)(b) (with reg. 4, Sch. 3 Pt. 1) (as amended by S.I. 2020/56, regs. 1, 8); and (18.9.2023) by S.I. 2023/790, regs. 1(2)(a), 2(3)(a)(i))
  9. C409S. 137A(1) modified (13.3.2023 at 8.00 a.m.) by The Amendments of the Law (Resolution of Silicon Valley Bank UK Limited) Order 2023 (S.I. 2023/319), arts. 1(2), 3(1) (as amended (23.6.2023) by S.I. 2023/694, arts. 1(2), 3(3))
  10. C410S. 137A(1) modified by S.I. 2009/3226, art. 20(1) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 182(a)(i))
  11. C411S. 137A(1) modified by S.I. 2009/814, art. 9(1) (as substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 167(b)(i))
  12. C412S. 137A(3)(4) modified by S.I. 2002/1775, reg. 3(2)(a) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 77(4)(b))