Sir Roger Gale
MP for Herne Bay and Sandwich · Conservative · United Kingdom
“In welcoming the Prime Minister to his place, let me say that I noticed his criticism of the water companies—a justified criticism, in many cases. May I direct his attention to the predatory activities of another private company?”
“The Secretary of State appears to think it is scaremongering to suggest that, with effect from this weekend, passenger and freight traffic using the channel tunnel and the port of Dover will be disrupted as a result of the European entry and exit system.”
“Before I call Esther McVey to move the motion, and then the Minister to respond, I remind Members that they may make a speech only with the prior permission of the Member in charge of the debate. No such notice has been given.”
“As the Minister has indicated, over the spring bank holiday there was chaos at Dover, at St Pancras and at the channel tunnel because of the failure of the EES. The French authorities were quite simply not prepared or able to implement the facilities properly.”
“This House has the capacity to criticise, but it also has the capacity to be fair. The Minister probably finds himself between a rock and a cliff face in a situation that he did not make himself. That does not absolve the MCA from the criticism that has rightly been levelled at it earlier today.”
“To ask the Secretary of State for the Home Department, what measures the Government have put in place to ensure that in the coming holiday season, travellers and business freight are not delayed at our ports, our international railway stations and our airports as a result of the imposition of the European entry and exit system.”
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“(2) The law enforcement authority may retain the material until the National Central Bureau informs the authority that the request or notification has been cancelled or withdrawn. (3) If the law enforcement authority is the National Central Bureau, it may retain the material until it becomes aware that the request or notification has been cancelled or withdrawn. (4) In this section— “INTERPOL” means the organisation called the International Criminal Police Organization - INTERPOL; “the National Central Bureau” means the body appointed for the time being in accordance with INTERPOL’s constitution to serve as the United Kingdom’s National Central Bureau.”
“Brought up, read the First and Second time, and added to the Bill. New Clause 38 Retention of biometric data from INTERPOL “(1) Part 1 of the Counter-Terrorism Act 2008 (powers to gather and share information) is amended in accordance with subsections (2) to (4). (2) In section 18(4) (destruction of national security material not subject to existing statutory restrictions), after “18A” insert “, 18AA”. (3) After section 18A insert— “18AA Retention of material from INTERPOL (1) This section applies to section 18 material which is not a DNA sample where the law enforcement authority obtained or acquired the material as part of a request for assistance, or a notification of a threat, sent to the United Kingdom via INTERPOL’s systems.”
“(13) In this section— “the commencement day” , “law enforcement authority” and “section 18 material” have the meaning given in section ( Retention of biometric data and recordable offences )(14); “instituted” , in relation to proceedings, has the meaning given in section ( Retention of biometric data and recordable offences )(15); “in a pseudonymised form” has the meaning given by section 18A(4) and (10) of the Counter-Terrorism Act 2008 (as amended or inserted by this section).”— (Sir John Whittingdale.) This new clause enables a law enforcement authority to retain fingerprints and DNA profiles where, as soon as reasonably practicable after acquiring or obtaining them, the authority takes the steps necessary for it to hold the material in a form which does not include information which identifies the person to whom the material relates.”
“(12) Where this subsection applies— (a) the law enforcement authority is to be treated as not having been required to destroy the material at the pre-commencement time, but (b) the material may not be used in evidence against the person to whom the material relates— (i) in criminal proceedings in England and Wales, Northern Ireland or Scotland in relation to an offence where those proceedings, or other criminal proceedings in relation to the person and the offence, were instituted before the commencement day, or (ii) in criminal proceedings in any other country or territory.”
“(11) Subsection (12) of this section applies where, at a time before the commencement day (a “pre-commencement time”), the law enforcement authority was required by section 18(4) of the Counter-Terrorism Act 2008 to destroy the material but— (a) at the pre-commencement time, the law enforcement authority could have retained the material under section 18A(7) to (9) of the Counter-Terrorism Act 2008 (as inserted by this section) if those provisions had been in force, or (b) on or after the commencement day, the law enforcement authority may retain the material under those provisions by virtue of subsection (9) or (10) of this section.”
“(10) Where the law enforcement authority does not hold the material in a pseudonymised form at the beginning of the commencement day, the authority is to be treated for the purposes of section 18A(7)(c) of the Counter-Terrorism Act 2008 as taking the steps necessary for it to hold the material in a pseudonymised form as soon as reasonably practicable after obtaining or acquiring the material if it takes those steps on, or as soon as reasonably practicable after, the commencement day.”
“(9) Where the law enforcement authority holds the material in a pseudonymised form at the beginning of the commencement day, the authority is to be treated for the purposes of section 18A(7)(c) and (d) of the Counter-Terrorism Act 2008 as having— (a) taken the steps necessary for it to hold the material in a pseudonymised form as soon as reasonably practicable after obtaining or acquiring the material, and (b) continued to hold the material in a pseudonymised form until the commencement day.”
“(7) The amendments made by this section apply only in connection with the retention of section 18 material that is or was obtained or acquired by a law enforcement authority— (a) on or after the commencement day, or (b) in the period of 3 years ending immediately before the commencement day. (8) Subsections (9) to (12) of this section apply where, at the beginning of the commencement day, a law enforcement authority has section 18 material which it obtained or acquired in the period of 3 years ending immediately before the commencement day.”
“(9) The retention period is the period of 3 years beginning with the date on which the law enforcement authority first ceases to hold the material in a pseudonymised form.” (6) In section 18E(1) (supplementary provision)— (a) in the definition of “law enforcement authority”, for paragraph (d) substitute— “(d) an overseas law enforcement authority;”, and (b) after that definition insert— ““overseas law enforcement authority” means a person formed or existing under the law of a country or territory outside the United Kingdom so far as exercising functions which— (a) correspond to those of a police force, or (b) otherwise involve the investigation or prosecution of offences;”.”
“(8) In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if— (a) the law enforcement authority ceases to hold the material in a pseudonymised form, and (b) the material relates to a person who has no previous convictions or only one exempt conviction, the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9).”
“(5) After subsection (6) insert— “(7) Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if— (a) the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority, (b) the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates, (c) as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and (d) having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form.”
“Brought up, read the First and Second time, and added to the Bill. New Clause 37 Retention of pseudonymised biometric data “(1) Part 1 of the Counter-Terrorism Act 2008 (powers to gather and share information) is amended in accordance with subsections (2) to (6). (2) Section 18A (retention of material: general) is amended in accordance with subsections (3) to (5). (3) In subsection (1), for “subsection (5)” substitute “subsections (4) to (9)”. (4) In subsection (4)(a), after “relates” insert “(a “pseudonymised form”)”.”
“(15) For the purposes of this section, proceedings in relation to an offence are instituted— (a) in England and Wales, when they are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 (see section 15(2) of that Act); (b) in Northern Ireland, when they are instituted for the purposes of Part 2 of the Justice (Northern Ireland) Act 2002 (see section 44(1) and (2) of that Act); (c) in Scotland, when they are instituted for the purposes of Part 3 of the Proceeds of Crime Act 2002 (see section 151(1) and (2) of that Act).”— (Sir John Whittingdale.) This new clause enables a law enforcement authority to retain fingerprints and DNA profiles where a person has been convicted of an offence equivalent to a recordable offence in a jurisdiction outside England and Wales and Northern Ireland.”
“(13) Where this subsection applies— (a) the law enforcement authority is to be treated as not having been required to destroy the material at the pre-commencement time, but (b) the material may not be used in evidence against the person to whom the material relates— (i) in criminal proceedings in England and Wales, Northern Ireland or Scotland in relation to an offence where those proceedings, or other criminal proceedings in relation to the person and the offence, were instituted before the commencement day, or (ii) in criminal proceedings in any other country or territory. (14) In this section— “the commencement day” means the day on which this Act is passed; “law enforcement authority” has the meaning given by section 18E(1) of the Counter-Terrorism Act 2008; “section 18 material” has the meaning given by section 18(2) of that Act.”
“(12) Subsection (13) of this section applies where— (a) at the beginning of the commencement day, a law enforcement authority has section 18 material which it obtained or acquired in the period of 3 years ending immediately before the commencement day, (b) at a time before the commencement day (a “pre-commencement time”), the law enforcement authority was required by section 18(4) of the Counter-Terrorism Act 2008 to destroy the material, and (c) at the pre-commencement time, the law enforcement authority could have retained the material under section 18A of the Counter-Terrorism Act 2008, as it has effect taking account of the amendments made by subsections (2) to (10) of this section, if those amendments had been in force.”
“(10) After subsection (7) insert— “(7A) In subsection (6), “qualifying-equivalent offence” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a qualifying offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted).” (11) The amendments made by this section apply only in connection with the retention of section 18 material that is or was obtained or acquired by a law enforcement authority— (a) on or after the commencement day, or (b) in the period of 3 years ending immediately before the commencement day.”
“(8) In subsection (6)(b)— (a) omit “of a recordable offence”, and (b) for “a recordable offence, other than a qualifying offence” substitute “an offence, other than a qualifying offence or qualifying-equivalent offence”. (9) In subsection (7), for “subsection (6)” substitute “this section”.”
“(6) After subsection (5) insert— “(5A) For the purposes of section 18A, a person is to be treated as having been convicted of an offence in a country or territory outside England and Wales and Northern Ireland if, in respect of such an offence, a court exercising jurisdiction under the law of that country or territory has made a finding equivalent to— (a) a finding that the person is not guilty by reason of insanity, or (b) a finding that the person is under a disability and did the act charged against the person in respect of the offence.” (7) In subsection (6)(a)— (a) after “convicted” insert “— (i) ‘”, and (b) after “offence,” insert “or (ii) in a country or territory outside England and Wales and Northern Ireland, of a recordable-equivalent offence,”.”
“(2) In section 18A(3) (retention of material: general), after “recordable offence” insert “or recordable-equivalent offence”. (3) Section 18E (supplementary provision) is amended in accordance with subsections (4) to (10). (4) In subsection (1), after the definition of “recordable offence” insert— ““recordable-equivalent offence” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a recordable offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted);”. (5) In subsection (3), in the words before paragraph (a), after “offence” insert “in England and Wales or Northern Ireland”.”
“(11) In section 237 (index of defined terms), after the entry for “CSEA content” insert— “the data protection legislation section 236”.” — (Sir John Whittingdale.) This new clause amends the Online Safety Act 2023 to enable OFCOM to give internet service providers a notice requiring them to retain information in connection with an investigation by a coroner (or, in Scotland, procurator fiscal) into the death of a child suspected to have taken their own life. The new clause also creates related offences. Brought up, read the First and Second time, and added to the Bill. New Clause 36 Retention of biometric data and recordable offences “(1) Part 1 of the Counter-Terrorism Act 2008 (powers to gather and share information) is amended in accordance with subsections (2) to (10).”
“(8) In section 114 (co-operation and disclosure of information: overseas regulators), in subsection (7), omit the definition of “the data protection legislation”. (9) In section 225 (Parliamentary procedure for regulations), in subsection (10), after paragraph (c) insert— “(ca) regulations under section 101(E1)(a),” (10) In section 236(1) (interpretation)— (a) after the definition of “country” insert— ““the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);”; (b) in the definition of “information notice”, for “101(1)” substitute “101(C1) or (1)”.”
“(6B) For the purposes of subsection (6A) information has been deleted if it is irrecoverable (however that occurred).” (6) In section 110 (senior managers’ liability: information offences)— (a) after subsection (6) insert— “(6A) An individual named as a senior manager of an entity commits an offence if— (a) the entity commits an offence under section 109(6A) (deletion etc of information), and (b) the individual has failed to take all reasonable steps to prevent that offence being committed.”; (b) in subsection (7), for “or (6)” substitute “, (6) or (6A)”. (7) In section 113 (penalties for information offences), in subsection (2)— (a) for “(4) or (5)” substitute “(4), (5) or (6A)”; (b) for “(5) or (6)” substitute “(5), (6) or (6A)”.”
“(5) In section 109 (offences in connection with information notices)— (a) in subsection (2)(b), for “all reasonable steps” substitute “all of the steps that it was reasonable, and reasonably practicable, to take”; (b) after subsection (6) insert— “(6A) A person who is given an information notice under section 101(C1) commits an offence if— (a) the person deletes or alters, or causes or permits the deletion or alteration of, any information required by the notice to be retained, and (b) the person’s intention was to prevent the information being available, or (as the case may be) to prevent it being available in unaltered form, for the purposes of any official investigation into the death of the child to whom the notice relates.”
“(5C) The power conferred by subsection (5B) is exercisable— (a) by giving the person a notice varying the notice under section 101(C1) and stating the further period for which information must be retained and the reason for the extension; (b) any number of times.”; (e) after subsection (9) insert— “(9A) OFCOM must cancel an information notice under section 101(C1) by notice to the person to whom it was given if advised by the investigating authority that the information in question no longer needs to be retained.” (f) in subsection (10), after the definition of “information” insert— ““the investigating authority” has the same meaning as in section 101;”.”
“(5B) If OFCOM give an information notice to a person under section 101(C1), they may, in response to information received from the investigating authority, extend the period for which the person is required to retain information by a maximum period of six months.”
“(G1) OFCOM must share with the investigating authority any information they receive in response to requirements mentioned in section 102(5A)(d) that are included in a notice under subsection (C1).” (b) in subsection (3), for “power conferred by subsection (1) includes” substitute “powers conferred by this section include”; (c) after subsection (5) insert— “(5A) The powers to give a notice conferred by this section do not include power to require processing of personal data that would contravene the data protection legislation (but in determining whether processing of personal data would do so, the duty imposed by the notice is to be taken into account).” (4) In section 102 (information notices)— (a) in subsection (1), for “101(1)” substitute “101(C1) or (1)”; (b) in subsection (3)— (i) after “information notice” insert “under section 100(1) or 101(1)”, (ii) omit “and” at the end of paragraph (c), and (iii) after paragraph (c) insert— “(ca) specify when the information must be provided (which may be on or by a specified date, within a specified period, or at specified intervals), and”; (c) omit subsection (4); (d) after subsection (5) insert— “(5A) An information notice under section 101(C1) must— (a) specify or describe the information to be retained, (b) specify why OFCOM require the information to be retained, (c) require the information to be retained for the period of one year beginning with the date of the notice, (d) require the person to whom the notice is given— (i) if the child to whom the notice relates used the service in question, to notify OFCOM by a specified date of steps taken to ensure the retention of information; (ii) if the child did not use the service, or the person does not hold any information of the kind required, to notify OFCOM of that fact by a specified date, and (e) contain information about the consequences of not complying with the notice.”
“(F1) A notice under subsection (C1) may require information described in that subsection to be retained only if it is information— (a) of a kind which OFCOM have power to require under a notice under subsection (1) (see, in particular, subsection (2)(a) to (d)), or (b) which a person might need to retain to enable the person to provide information in response to a notice under subsection (1) (if such a notice were given).”
“(D1) The references in subsection (C1) to ensuring the retention of information relating to the child’s use of a service include taking all reasonable steps, without delay, to prevent the deletion of such information by the routine operation of systems or processes. (E1) A service is within this subsection if it is— (a) a regulated service of a kind described in regulations made by the Secretary of State, or (b) a regulated service notified to OFCOM by the investigating authority as described in subsection (B1)(d).”
“(B1) The details are— (a) the name of the child who has died, (b) the child’s date of birth, (c) any email addresses used by the child (so far as the investigating authority knows), and (d) if any regulated service has been brought to the attention of the investigating authority as being of interest in connection with the child’s death, the name of the service. (C1) Where this subsection applies, OFCOM— (a) must give a notice to the provider of a service within subsection (E1) requiring the provider to ensure the retention of information relating to the use of the service by the child who has died, and (b) may give a notice to any other relevant person requiring the person to ensure the retention of information relating to the use of a service within subsection (E1) by that child.”
“(2) In section 100 (power to require information)— (a) omit subsection (7); (b) after subsection (8) insert— “(8A) The power to give a notice conferred by subsection (1) does not include power to require processing of personal data that would contravene the data protection legislation (but in determining whether processing of personal data would do so, the duty imposed by the notice is to be taken into account).” (3) In section 101 (information in connection with investigation into death of child)— (a) before subsection (1) insert— “(A1) Subsection (D1) applies if a senior coroner (in England and Wales), a procurator fiscal (in Scotland) or a coroner (in Northern Ireland) (“the investigating authority”)— (a) notifies OFCOM that— (i) they are conducting an investigation, or are due to conduct an investigation, in connection with the death of a child, and (ii) they suspect that the child may have taken their own life, and (b) provides OFCOM with the details in subsection (B1).”
“Brought up, read the First and Second time, and added to the Bill. New Clause 35 Retention of information by providers of internet services in connection with death of child “(1) The Online Safety Act 2023 is amended as follows.”
“New Clause 34 Power to require information for social security purposes “In Schedule ( Power to require information for social security purposes )— (a) Part 1 amends the Social Security Administration Act 1992 to make provision about a power for the Secretary of State to obtain information for social security purposes; (b) Part 2 amends the Social Security Administration (Northern Ireland) Act 1992 to make provision about a power for the Department for Communities to obtain information for such purposes; (c) Part 3 makes related amendments of the Proceeds of Crime Act 2002.”— (Sir John Whittingdale.) This new clause introduces a new Schedule NS1 which amends social security legislation to make provision about a new power for the Secretary of State or, in Northern Ireland, the Department for Communities, to obtain information for social security purposes.”
“To the extent that the information set out in Annex 1 is not available to be included in the notification, it may be provided in phases without undue further delay.””— (Sir John Whittingdale.) This adjusts the period within which the Information Commissioner must be notified of a personal data breach. It also inserts a duty (into the PEC Regulations) to give reasons for not notifying within 72 hours and adjusts the duty (in Commission Regulation (EU) No 611/2013) to provide accompanying information. Brought up, read the First and Second time, and added to the Bill.”
“New Clause 33 Duty to notify the Commissioner of personal data breach: time periods “(1) In regulation 5A of the PEC Regulations (personal data breach)— (a) in paragraph (2), after “delay” insert “and, where feasible, not later than 72 hours after having become aware of it”, and (b) after paragraph (3) insert— “(3A) Where notification under paragraph (2) is not made within 72 hours, it must be accompanied by reasons for the delay.” (2) In Article 2 of Commission Regulation (EU) No 611/2013 of 24 June 2013 on the measures applicable to the notification of personal data breaches under Directive 2002/58/EC of the European Parliament and of the Council on privacy and electronic communications (notification to the Information Commissioner)— (a) in paragraph 2— (i) in the first subparagraph, for the words from “no” to “feasible” substitute “without undue delay and, where feasible, not later than 72 hours after having becoming aware of it”, and (ii) in the second subparagraph, after “shall” insert “, subject to paragraph 3,”, and (b) for paragraph 3 substitute— “3.”
“(4) In this section, “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (see section 21 of that Act).”— (Sir John Whittingdale.) This new clause enables the regulation-making powers under Part 3 to be used to supplement existing subordinate legislation which requires customer data or business data to be provided to customers and others. Brought up, read the First and Second time, and added to the Bill.”
“(2) The regulation-making powers under this Part may be exercised so as to make, in connection with the other data provision, any provision that they could be exercised to make as part of, or in connection with, provision made under section 66(1) to (3) or 68(1) to (2A) that is equivalent to the other data provision. (3) In this Part, references to “data regulations” include regulations made in reliance on subsection (2) to the extent that they make provision described in sections 66 to 70 or ( Interface bodies ).”
“(3) Regulations under this section may not— (a) make provision removing liability for an act or omission which is shown to have been in bad faith, or (b) make provision so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998.”— (Sir John Whittingdale.) This new clause enables regulations under Part 3 to provide that certain persons are not liable in damages when exercising functions under such regulations. Brought up, read the First and Second time, and added to the Bill. New Clause 32 Other data provision “(1) This section is about cases in which subordinate legislation other than regulations under this Part contains provision described in section 66(1) to (3) or 68(1) to (2A) (“other data provision”).”
“New Clause 31 Liability in damages “(1) The Secretary of State or the Treasury may by regulations provide that a person listed in subsection (2) is not liable in damages for anything done or omitted to be done in the exercise of functions conferred by regulations under this Part. (2) Those persons are— (a) a public authority; (b) a member, officer or member of staff of a public authority; (c) a person who could be held vicariously liable for things done or omitted by a public authority.”
“(5) Regulations under subsection (4) may only provide for a levy in respect of expenses of the FCA to be imposed on persons that appear to the Treasury to be capable of being directly affected by the exercise of some or all of the functions conferred on the FCA by regulations under section ( The FCA and financial services interfaces ). (6) Section 75(3) and (4) apply in relation to regulations under subsection (4) of this section as they apply in relation to regulations under section 75(1).”— (Sir John Whittingdale.) This new clause enables the Treasury, by regulations, to confer power on the Financial Conduct Authority to set the amount of certain penalties. It also enables the Treasury to impose a levy in respect of expenses incurred by that Authority. Brought up, read the First and Second time, and added to the Bill.”
“(4) The Treasury may by regulations— (a) impose, or provide for the FCA to impose, a levy on data holders, authorised persons or third party recipients for the purpose of meeting all or part of the expenses incurred, or to be incurred, during a period by the FCA, or by a person acting on the FCA’s behalf, in performing duties, or exercising powers, imposed or conferred on the FCA by regulations under section ( The FCA and financial services interfaces ), and (b) make provision about how funds raised by means of the levy must or may be used.”
“(3) Regulations made in reliance on subsection (2)— (a) must require the FCA to produce and publish a statement of its policy with respect to the amount of the penalties; (b) may require the policy to include specified matters; (c) may make provision about the procedure for producing the statement; (d) may require copies of the statement to be provided to specified persons; (e) may require the FCA to have regard to a statement published in accordance with the regulations.”
“(2) The regulations may require or enable the FCA— (a) to set the amount or maximum amount of, or of an increase in, a penalty imposed in respect of failure to comply with a requirement imposed by the FCA in exercise of a power conferred by regulations under section ( The FCA and financial services interfaces ) (whether imposed by means of FCA interface rules or an FCA additional requirement), or (b) to set the method for determining such an amount.”
“(8) In this section— “interface-related” has the meaning given in section ( The FCA and financial services interfaces ); “prescribed” means prescribed in FCA interface rules. (9) The reference in subsection (5)(c) to making redress includes— (a) paying interest, and (b) providing redress in the form of a remedy or relief which could not be awarded in legal proceedings.”— (Sir John Whittingdale.) See the explanatory statement for new clause NC28. Brought up, read the First and Second time, and added to the Bill. New Clause 30 The FCA and financial services interfaces: penalties and levies “(1) Subsections (2) and (3) are about the provision that regulations made by the Treasury under this Part providing for the FCA to enforce requirements under FCA interface rules may (among other things) contain in relation to financial penalties.”
“(7) Regulations made in reliance on subsection (6)— (a) may enable rules to provide for the amount of a fee to be an amount which is intended to exceed the cost of the things in respect of which the fee is charged; (b) must require rules to provide for the amount of a fee to be— (i) a prescribed amount or an amount determined in accordance with the rules, or (ii) an amount not exceeding such an amount; (c) may enable or require rules to provide for the amount, or maximum amount, of a fee to increase at specified times and by— (i) a prescribed amount or an amount determined in accordance with the rules, or (ii) an amount not exceeding such an amount; (d) if they enable rules to enable a person to determine an amount, must require rules to require the person to publish information about the amount and how it is determined; (e) may enable or require rules to make provision about— (i) interest on any unpaid amounts; (ii) the recovery of unpaid amounts.”
“(5) The regulations may enable or require the FCA to impose the following types of requirement on a person as FCA additional requirements— (a) a requirement to review the person’s conduct; (b) a requirement to take remedial action; (c) a requirement to make redress for loss or damage suffered by others as a result of the person’s conduct. (6) The regulations may enable or require the FCA to make rules requiring a person falling within section (The FCA and financial services interfaces)(2)(b) or (c) to pay fees to an interface body for the purpose of meeting expenses incurred, or to be incurred, by such a body in performing duties, or exercising powers, imposed or conferred by regulations under this Part or by rules made by virtue of regulations under section (The FCA and financial services interfaces).”
“(4) The regulations may— (a) require the FCA to carry out an analysis of the costs and benefits that will arise if proposed rules are made or proposed changes are made to rules and make provision about what the analysis must include; (b) require the FCA to publish rules or changes to rules and to provide copies to specified persons; (c) make provision about the effect of rules, including provision about circumstances in which rules are void and circumstances in which a person is not to be taken to have contravened a rule; (d) make provision enabling or requiring the FCA to modify or waive rules as they apply to a particular case; (e) make provision about the procedure for imposing FCA additional requirements; (f) make provision enabling or requiring the FCA to produce guidance about how it proposes to exercise its functions under the regulations, to publish the guidance and to provide copies to specified persons.”
“(3) The regulations must— (a) require the FCA, so far as is reasonably possible, to exercise functions conferred by the regulations in a manner which is compatible with, or which advances, one or more specified purposes; (b) specify one or more matters to which the FCA must have regard when exercising functions conferred by the regulations; (c) if they enable or require the FCA to make rules, make provision about the procedure for making rules, including provision requiring such consultation with persons likely to be affected by the rules or representatives of such persons as the FCA considers appropriate.”
“(2) The regulations— (a) may enable or require the FCA to impose interface-related requirements that could be imposed by regulations made in reliance on section ( Interface bodies )(4) or (5), but (b) may not enable or require the FCA to require a person to set up an interface body.”
“(9) In this section— “financial services provider” means a person providing financial services; “prescribed” means prescribed in FCA interface rules.”— (Sir John Whittingdale.) This new clause and new clause NC29 enable the Treasury, by regulations, to confer powers on the Financial Conduct Authority to impose requirements (by means of rules or otherwise) on interface bodies used by the financial services sector and on persons participating in, or using facilities and services provided by, such bodies. Brought up, read the First and Second time, and added to the Bill. New Clause 29 The FCA and financial services interfaces: supplementary “(1) This section is about provision that regulations under section ( The FCA and financial services interfaces ) may or must (among other things) contain.”
“(7) The restrictions in section 72 apply in connection with FCA interface rules and FCA additional requirements as they apply in connection with regulations under this Part. (8) In section 72 as so applied— (a) the references in subsections (1)(b) and (8) to an enforcer include the FCA, and (b) the references in subsections (3) and (4) to data regulations include FCA interface rules and FCA additional requirements.”