The new UK Financial Services Act 2010 makes significant reform; if trumped by recently elected coalition government proposals for a new regulatory structure

Abstract

PurposeThis paper aims to summarize and explain the recently enacted UK Financial Services Act 2010 (the FS Act) and the coalition government's proposals for a new regulatory structure.Design/methodology/approachThe paper explains the purpose of the FS Act, the statutory objectives of the Financial Services Authority (FSA) under the Financial Services and Markets Act 2000, and the FS Act's provision of the FSA with: an explicit financial stability objective, extensive powers to require information, extended enforcement powers, the power to prohibit or require disclosure of short selling, the duty to require authorized firms to prepare and maintain recovery and resolution plans, the obligation to make remuneration rules and the requirement to establish a new consumer education body. Explains proposals dropped from the FS Bill to secure its enactment during the “wash‐up” process. Summarizes the recently announced coalition government proposals for reform of the UK financial services regulatory structure.FindingsThe FS Act is a legislative response by the predecessor government to the causes of the global financial crisis, delivering significant reforms that seek to enhance financial regulation. The FS Act mainly amends the Financial Services and Markets Act 2000 (the FSMA) in order to give the UK Financial Services Authority (FSA) new objectives and duties and extend its powers variously. The recently elected coalition government has announced proposals for a new regulatory structure likely to take effect in 2012.Originality/valueThe paper provides practical guidance from experienced securities lawyers.