delete The Financial Services and Markets Act 2000 (Misconduct and Appropriate Regulator) Order 2015
This Order amends FSMA 2000 to clarify which regulator (PRA or FCA) is 'the appropriate regulator' for misconduct contraventions, particularly regarding approval requirements under sections 59, 60A, 63, 63E, and 63F. It also imposes a requirement on the Treasury to conduct periodic reviews of these provisions every five years. The amendments relate primarily to PRA-authorised persons and extend the Alternative Investment Fund Managers Regulations 2013 references in section 66A.
This Order adds regulatory complexity by further entangling the dual PRA/FCA regulatory structure, creating compliance uncertainty through jurisdictional ambiguities between regulators. The five-year Treasury review requirement is itself a bureaucratic burden that imposes ongoing regulatory compliance costs without demonstrable benefit to consumers. As retained EU law implementing AIFMD (an EU directive), it represents gold-plating inherited without proper democratic scrutiny. Such regulatory complexity actively drives financial services business from London to New York, Singapore, and Dubai, eroding the City's global competitiveness - contrary to Britain's historic position as the world's pre-eminent free-trading financial centre.