Financial Services and Markets Act 2000, section 214

General

Part XV The Financial Services Compensation Scheme

(1)The compensation scheme may, in particular, make provision—

(a)as to the circumstances in which a relevant person[F1640 or relevant exchangeF1640] is to be taken (for the purposes of the scheme) to be unable, or likely to be unable, to satisfy claims made against him [F1641or itF1641] ;

[F1642 (aa)as to the circumstances in which a successor falling within section 213(1)(b) is to be taken (for the purposes of the scheme) to be unable, or likely to be unable, to satisfy claims against the successor that are based on the acts or omissions of a relevant person [F1643 or relevant exchangeF1643] ;F1642]

(b)for the establishment of different funds for meeting different kinds of claim;

(c)for the imposition of different levies in different cases;

(d)limiting the levy payable by a person in respect of a specified period;

(e)for repayment of the whole or part of a levy in specified circumstances;

(f)for a claim to be entertained only if it is made by a specified kind of claimant;

(g)for a claim to be entertained only if it falls within a specified kind of claim;

(h)as to the procedure to be followed in making a claim;

(i)for the making of interim payments before a claim is finally determined;

(j)limiting the amount payable on a claim to a specified maximum amount or a maximum amount calculated in a specified manner;

(k)for payment to be made, in specified circumstances, to a person other than the claimant.

[F1644 (1A)Rules by virtue of subsection (1)(h) may, in particular, allow the scheme manager to treat persons who are or may be entitled to claim under the scheme as if they had done so.

(1B)A reference in any enactment or instrument to a claim or claimant under this Part includes a reference to a deemed claim or claimant in accordance with subsection (1A).

(1C)Rules by virtue of subsection (1)(j) may, in particular, allow, or be subject to rules which allow, the scheme manager to settle a class of claim by payment of sums fixed without reference to, or by modification of, the normal rules for calculation of maximum entitlement for individual claims.F1644]

(2)Different provision may be made with respect to different kinds of claim.

(3)The scheme may provide for the determination and regulation of matters relating to the scheme by the scheme manager.

(4)The scheme, or particular provisions of the scheme, may be made so as to apply only in relation to—

(a)activities carried on,

(b)claimants,

(c)matters arising, or

(d)events occurring,

in specified territories, areas or localities.

F1645 (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The scheme may provide for the scheme manager to have power—

(a)in specified circumstances,

(b)but only if the scheme manager is satisfied that the claimant is entitled to receive a payment in respect of his claim—

(i)under a scheme which is comparable to the compensation scheme, or

(ii)as the result of a guarantee given by a government or other authority,

to make a full payment of compensation to the claimant and recover the whole or part of the amount of that payment from the other scheme or under that guarantee.

Definitions used in section 214

the compensation scheme

(2) The rules (taken together) are to be known as the Financial Services Compensation Scheme (but are referred to in this Act as “the compensation scheme”).

Defined in s.213(2) · see it in the full Act

“the compensation scheme” has the meaning given in section 213(2);

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

(9) In this Part (except in sections 219, 220 or 224) “relevant person” means a person who was—

(a)an authorised person at the time the act or omission giving rise to the claim against him , or against a successor falling within subsection (1)(b), took place; or

(b)an appointed representative at that time.

Defined in s.213(9) · see it in the full Act
relevant exchange

(12) In this Part (except in sections 220 and 224) “relevant exchange” means a body corporate or unincorporated association which was a recognised investment exchange carrying on a regulated activity relating to a trading facility at the time the act or omission giving rise to the claim against it, or against a successor falling within subsection (1)(b), took place.

Defined in s.213(12) · see it in the full Act
claim

“claim”, in relation to the Financial Services Compensation Scheme under Part XV, is to be construed in accordance with section 214(1B);

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

(5) “Specified” means specified in an order made by the Treasury.

Defined in s.22(5) · 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
the scheme manager

“the scheme manager” has the meaning given in section 212(1);

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

Cases considering section 214 (6)

Manchikalapati & Ors, R (on the application of) v The Financial Services Compensation Scheme

[2023] EWCA Civ 1006 · 5 September 2023Limits

Section 214(1)(f) permits the compensation scheme to restrict claims to specified kinds of claimant. It was one of the provisions demonstrating the PRA’s latitude to define the scheme’s scope. (see paras [12], [14]) Section 214(1)(g) permits the compensation scheme to restrict claims to specified kinds of claim. It supported the conclusion that section 213(3) did not require unrestricted compensation for every connected liability. (see paras [12], [14], [59]) Section 214(1)(j) permits limits on the amount payable on a claim. It formed part of the statutory context showing that the scheme was not designed to provide full protection in every case. (see paras [12], [14], [59]) Section 214(2) permits different provision for different kinds of claim. It reinforced the conclusion that the statutory scheme allowed differentiated and limited protection. (see paras [12], [14])

Margaret Chong & Ors, R (on the application of) v Financial Services Compensation Scheme Ltd

[2024] EWHC 3374 (Admin) · 31 December 2024Interprets

Identifies statutory powers to make scheme rules limiting the types of claims entertained. (see para [12]) Identifies the statutory power to prescribe the procedure followed by the compensation scheme. (see para [12]) Provides the statutory basis for rules allowing interim payments before final determination. Because the payments here were made in final settlement rather than on account, the claims were finally determined. (see paras [55]-[59]) Identifies the statutory power to limit the amount payable on a claim. (see para [12]) Confirms that different provision may be made for different kinds of claim. (see para [12])

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services Plc

[2008] EWHC 1897 (Ch) · 31 July 2008Limits

Section 214(1)(k), permitting payment in specified circumstances to a person other than the claimant, did not restrict the broader power in section 213(1). (see paras [23]; [37]-[40]) Section 214(6) addressed recovery from a comparable compensation scheme or government guarantee in a particular situation. It did not imply that other third-party recovery provisions were excluded. (see para [38])

What each judgment says about section 214 is in the case-law panel in the full Act.

Explanatory note

427.This section clarifies the scope of the Authority’s power to make scheme rules.

428.Subsection (1) provides, in particular, that the scheme may consist of a number of different compensation funds, for which levies can be raised from different sectors of the industry and different rules may be made as to the level of and eligibility for compensation.

429.Subsections (2) to (4) enable the scheme to limit the eligibility of claimants according to a number of different factors, including where the event took place or where the claimant resides.

430.Subsection (6) confers on the scheme manager a power to enter into arrangements with schemes established in other countries outside the EEA.  Where, for example, a US firm does business in the United Kingdom and the level of compensation under the US scheme is lower than in the United Kingdom, the firm would be able to become a member of the UK scheme for the purposes of topping-up its cover.  If the firm was unable to meet its liabilities, claimants might have a claim against both the US and the UK schemes. This power would in turn enable the UK scheme to enter into an arrangement with the US scheme to avoid the need for the claimant to submit a claim to both schemes.  It is possible to make reciprocal arrangements under the power in subsection (1)(k).

All the explanatory notes for the Act

Amendments and notes

8 notes from legislation.gov.uk

Amendments

  1. F1640Words in s. 214(1)(a) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 24(a)(i) (with reg. 7)
  2. F1641Words in s. 214(1)(a) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 24(a)(ii) (with reg. 7)
  3. F1642S. 214(1)(aa) inserted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 10 para. 4 (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
  4. F1643Words in s. 214(1)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 24(b) (with reg. 7)
  5. F1644S. 214(1A)-(1C) inserted (17.2.2009 for certain purposes and 21.2.2009 otherwise) by Banking Act 2009 (c. 1), ss. 174(1), 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch.
  6. F1645S. 214(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. 15 (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

  1. C938S. 214(5) modified (31.12.2020) by The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/680), regs. 1(2), 11(3)(4)(6) (with reg. 11(8)-(10) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 40(f))); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

  1. I29S. 214 wholly in force at 18.6.2001; s. 214 not in force at Royal Assent see s. 431(2); s. 214(5) in force for certain purposes at 25.2.2001 by S.I. 2001/516, art. 2(b), Sch. Pt. 2; s. 214 in force in so far as not already in force at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.