2022-11-28
Added · Updated
The Financial Conduct Authority proposes policy changes to its fee and levy structure for the 2023/24 financial year, including freezing minimum fees and application charges to mitigate inflationary pressures on firms. The regulator outlines assumptions for the upcoming spring consultation on periodic fee rates, detailing cost recovery mechanisms for ongoing regulatory activities and specific projects such as the Consumer Duty and Future Regulatory Framework. Additionally, the document introduces a new fee for financial promotions applications, updates charges for appointed representatives, and announces the collection of the Economic Crime Levy on behalf of HM Treasury.
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Regulatory fees and levies:
policy proposals for 2023/24
Consultation Paper
CP22/23
November 2022
CP22/23 Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24 Moving around this document Use your browser’s bookmarks and tools to navigate. To search on a PC use Ctrl+F or Command+F on MACs. How to respond We are asking for comments on this Consultation Paper (CP) by 16 January 2023. You can send them to us using the form on our website. Or in writing to:
David Cheesman
Financial Conduct Authority
12 Endeavour Square London E20 1JN
Telephone:
0207 066 5406
Email:
cp22-23@fca.org.uk
Sign up for our news and publications alerts See all our latest press releases, consultations and speeches. Contents 1 Summary 3 2 Annual consultation on FCA fee rates 2023/24 6 3 Fees policy updates 11 4 Proposed changes to the FEES Manual 14 5 Update on HM Treasury’s Economic Crime Levy 18
Annex 1
Questions in this paper 19
Annex 2
Compatibility statement 20
Annex 3
Abbreviations used in this paper 23
Appendix 1
Draft Handbook text
CP22/23
Chapter 1
Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24 1 Summary Why we are consulting
1.1 This consultation paper (CP) sets out our proposed policy changes to the way we will
raise FCA fees from 2023/24. We are funded entirely by fees and levies from the firms we regulate. We do not receive any funding from other sources. Who this applies to
1.2 This document applies to all FCA fee-payers and to any businesses considering
applying for FCA authorisation or registration.
1.3 Each chapter deals with a specific policy area and identifies the bodies it affects. Table
1.1 of this CP summarises which sections are relevant to which firms.
1.4 This CP is not directly relevant to retail financial services consumers, although our fees
are indirectly paid by users of financial services.
The wider context
1.5 Our annual fees consultation covers this cycle:
CP22/23
Chapter 1
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Regulatory fees and levies: policy proposals for 2023/24 October/November – fees policy consultation paper January – FSCS MELL consultation paper February – where appropriate publish feedback on fees policy consultation paper in Handbook Notice March – publish feedback on FSCS/MELL consultation paper in Handbook Notice March/April – consultation paper on rates for FCA periodic fees and Financial Ombudsman Service, Single Financial Guidance Body Guidance, illegal money-lending levies, plus any feedback on fees policy consultation paper if appropriate June/July – publish feedback on March consultation paper and final fees and levy rates in a policy statement Summary of proposals
1.6 Each chapter covers a self-contained area of policy, summarised below.
CP22/23
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Regulatory fees and levies: policy proposals for 2023/24 Next steps
1.7 Please consider our proposals and send us your comments on the questions in this CP
by 16 January 2023.
1.8 Use the online response form or write to us at the address on page 2.
1.9 We will consider your comments and publish our feedback, and our rules, in a policy
statement in March or April 2023.
Equality and diversity considerations
1.10 We have considered the equality and diversity issues from our proposals.
1.11 Overall, we do not consider that the proposals negatively affect any of the groups with
protected characteristics under the Equality Act 2010. But we will continue to consider the equality and diversity implications of the proposals during the consultation period, and will revisit them when publishing the final rules.
1.12 In the meantime, we welcome your input to this consultation.
Table 1.1: Fee-payers likely to be affected by each chapter of this CP
Issue Fee-payers likely to be affected Chapter Assumptions to be taken into account for the consultation on FCA fee-rates in April 2023 All FCA fee-payers and prospective feepayers Charges paid by principal firms for appointed representatives (ARs) Firms which have registered ARs 3 Basis for calculating fees for firms subject to the Investment Firms Financial Regime (IFPR) All firms subject to IFPR 3 Applications under the financial promotions regime All FCA fee-payers 4 Charges for Data Reporting Service Providers (DRSPs), Trade Repositories (TRs), Securitisation Repositories (SRs) All DRSPs, TRs, SRs and overseas firms considering recognition as a 3rd country TR Clarification of definition of gross income in fee-block A.9 (Managers and depositaries of investment schemes or pension schemes) All fee-payers in fee-block A.9 4 Economic Crime Levy (ECL) All FCA fee-payers subject to the Money Laundering Regulations
CP22/23
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Regulatory fees and levies: policy proposals for 2023/24 2 Annual consultation on FCA fee rates 2023/24
2.1 In this chapter, we set out our thinking about our approach to next year’s consultation
on fee rates. This gives fee-payers an opportunity to comment on the assumptions underlying our calculations before we launch the consultation in April 2023. Context
2.2 The Financial Services and Markets Act 2000 (FSMA) gives us the power to levy fees to
meet the expenses incurred in carrying out our functions. We set two types of fees:
CP22/23
Chapter 2
Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24 The fees actually payable by firms are less than the AFR because they receive a credit from the financial penalties revenue that we are allowed to retain for their benefit. We do not take this credit into account when setting the AFR. The rebate was £49.4m in 2022/23, reducing the fees payable to £581.5m in 2022/23.
2.3 As explained in paragraph 1.5, we have an annual cycle of fees consultations:
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Regulatory fees and levies: policy proposals for 2023/24 Inflation
2.5 We are committed to keeping ORA flat in real terms and therefore limit its annual
increase to the consumer price index (CPI).
2.6 Although the CPI is currently substantially elevated, we are determined to manage the
rise in FCA costs as far as feasible over the coming year to ease the pressure on fees, particularly for smaller firms.
2.7 We propose to take the December 2022 CPI as a fixed measure and benchmark our
estimated costs against it. We are giving due consideration to inflationary pressures as we finalise our budget for 2023/24 and do not expect it to reflect the full increase in inflation as measured by the CPI, but we are not in a position to give an indicative figure at this stage. Minimum and flat rate fees
2.8 During the pandemic, we froze minimum and flat-rate fees to provide material support
to some 34,500 firms which pay minimum fees only. We are considering the same approach for 2023/24.
2.9 In November 2021 (chapter 2), we consulted on a new structure of enhanced minimum
fees for the A fee-blocks (fee-block A.0) and the consumer credit fee-blocks (feeblocks CC1 and CC2). We finalised the structure in our policy statement (PS) in June 2022, spreading the increase over 4 years to 2025/26. Freezing this year’s rates would therefore mean deferring the timetable by a year. We will review the position again next year. Application fees
2.10 In November 2020 (chapter 2), we consulted on a simplified structure of authorisation
application fees and we introduced the new categories in policy statement PS 22/01, published on 24 January 2022. Further details are in PS22/1 and the categories are set out in FEES 3 Annex 1A. On 27 May 2022, we completed the project by integrating into the structure a new charge for notifications of functions under the senior managers regime (SMR) and controlled functions for appointed representatives (CF(AR)) – see Handbook Notice 98.
2.11 Since most application fees had not changed since they were set by the FSA some 20
years ago, we explained in our original consultation that, to avoid the charges being eroded by inflation in the future, we would uprate them each year in line with inflation.
2.12 However, we are mindful of the significant inflationary pressures on businesses in the
current climate and so we do not propose to increase application fees in 2023/24. We will review the position next year. Rebasing ORA
2.13 The FCA is continually engaged in policy development work to bring new firms into
our regulatory scope, to respond to legislation which expands our regulatory remit, to review areas of regulatory concern or to improve our efficiency and effectiveness. Most of this work is undertaken within existing resources, but some initiatives require the engagement of significant numbers of additional staff and external support while the projects are being developed and implemented. The resources required for project
CP22/23
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Regulatory fees and levies: policy proposals for 2023/24 work are temporary, but some projects also generate a need to recruit permanent staff to undertake the new ongoing regulatory responsibilities.
2.14 After applying the inflation rate to ORA, we rebase the figure to take account of any
‘New ORA responsibilities’ which have been generated by these projects and which we will be absorbing. These new ORA responsibilities reflect the cost of permanent staff and costs to undertake the new ongoing regulatory responsibilities. In 2022/23, the new ORA responsibilities budget amounted to £3m, covering the annual supervisory costs of cryptoasset businesses following completion of the project bringing these firms into the FCA’s scope. In 2023/24 the completed scope change project for pre-paid funeral plans is expected to generate about £1m of supervisory costs.
2.15 In 2022/23, there was also an increase in ORA of £3.1m to cover the 1.25% rise in
employer’s national insurance. Since that has been revoked, the appropriate balance will be subtracted from ORA next year. We are not aware of a similar additional cost for 2023/24. If one arises, we will note it when we consult in the spring and use it to rebase ORA after inflation. Additional project work and allocation of AFR to fee-blocks
2.16 Once ORA has been rebased, we formulate the AFR by adding in the costs of the
additional project work that we are carrying out. In 2022/23, additional project costs amounted to £13.5m. Some of these projects affect all fee-payers, so are distributed proportionately across all fee-blocks. Others relate to specific types of activity and so we target cost recovery on the fee-blocks most directly concerned. The additional projects we are aware of for this year are:
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Regulatory fees and levies: policy proposals for 2023/24 completion. However, although we do not yet have the final figures, we expect the fee-paying population to be no more than 20-30 firms. We do not believe they will have the capacity to pay back approximately £5m project costs on top of their annual supervisory costs of about £1m, so we propose to spread the project costs proportionately across all fee-blocks. We faced the same challenge last year in relation to cryptoasset businesses registered with us under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs). We discussed the issues as part of the 2022/23 consultation cycle – in November 2021 (chapter 5), April 2022 (paragraphs 2.9 – 2.16) and June 2022 (paragraphs 2.5-2.7 and 2.17). We explained that attempting to recover the project costs from the new firms would impose an unreasonably high burden on them, while requiring us to spread cost recovery over an unacceptably long period.
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Regulatory fees and levies: policy proposals for 2023/24 3 Fees policy updates
3.1 In this chapter, we provide updates for information on two topics:
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3.7 All MiFID trading firms ought to fall into a single fee-block and we explained that we
intend to do this by expanding the definition of A.10 to include the types of firm listed in paragraph 3.5.
3.8 Meanwhile, we invited comments on the most appropriate metric we should use for
the calculation of fees for IFPR firms.
3.9 The fees in A.10 are calculated on the basis of the number of traders they employ
who commit the firm in market dealings or other specified investments. We no longer consider a headcount to be a good proxy for the risks trading firms pose to our statutory objectives. Automation and high frequency trading have made the link between a headcount of traders and the level of harm posed by individual firms weaker and more variable than in the past. The fees in A.13 are based on income, which is a good measure of impact risk for most firms, but is not usually applicable to the activity of trading as principal.
3.10 We suggested that the market risk and trading volume metrics used to calculate
capital requirements might be the best proxy for the level of harm trading firms pose to our statutory objectives. Unfortunately, market-risk capital requirements are calculated differently for MiFID and non-MiFID firms, making it harder to identify one single market risk metric. For MiFID firms, the IFPR uses K-NPR (net position risk) and K-DTF (daily trading flow). For non-MiFID firms, Chapter 3 of our IPRU-INV Manual uses PRR (position risk requirement). A combination of K-DTF and K-NPR could be used for MiFID firms, while non-MiFID firms could use PRR alone.
3.11 The questions we asked were:
Q3: Do you have any comments on the most appropriate metric or combination of metrics we might use to calculate the fees of MiFID trading firms, and are there any technical issues we should take into account to ensure consistency, fairness and proportionality? Q4: Can you suggest an alternative metric or combination of metrics that we should consider?
3.12 We received two responses. They stressed the diversity of business models in
this sector. They agreed that K-factors which take account of risk might be more appropriate than income or a headcount of traders, but also flagged up the importance of other factors, such as size and the range of business models, volumes and the range and varying nature of risk. For example, a firm might have a low market risk but a high counterparty risk, and this might affect the supervisory approach compared to a firm which presented market risk only. One of the respondents suggested that we set up a working group with the affected firms to discuss our approach.
3.13 The other points raised were:
CP22/23
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Regulatory fees and levies: policy proposals for 2023/24 impact assessment across individual firms, taking account of the previous fee tariff data and IFPR Questionnaire submissions.
CP22/23
Chapter 4
Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24 4 Proposed changes to the FEES Manual (Draft instrument in Appendix 1)
4.1 In this chapter, we set out our fees proposals for the following:
CP22/23
Chapter 4
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Regulatory fees and levies: policy proposals for 2023/24 Data Reporting Service Providers (DRSPs), Trade Repositories (TRs) and Securitisation Repositories (SRs)
4.6 We are consulting on application charges for DRSP and TR/SR firms and for overseas
firms seeking recognition as 3rd country TRs. The proposed charges better reflect the significant assessment and review of applications required.
4.7 We also set out our high-level approach towards the calculation of periodic fees for
DRSPs.
Background
4.8 The FCA supervises UK Data Reporting Service Providers (DRSPs), Trade Repositories
(TRs) and Securitisation Repositories (SRs). These firms enable market transparency through publication of reported data to the wider market or to regulators such as ourselves for effective market oversight. The European Securities and Markets Authority (ESMA) supervises equivalent firms in the European Union (EU). Application fees for DRSPs, TRs and SRs
4.9 We are proposing to increase application fees for DRSPs, TRs and SRs, and for
overseas firms seeking recognition as 3rd country TRs. Earlier this year (PS22/7,
chapter 4), we aligned their fees with our new charging structure for authorisations and
increased the charge for recognition as a third country TR from £1,500 to £2,500 to maintain parity with the former ‘straightforward’ fee. This was a mechanical exercise of alignment and we subsequently reviewed our processes. Application fees do not recover the full costs of processing since the balance is recovered through periodic fees paid by firms already in the market. We found that the current charges do not sufficiently reflect the significant assessment work we undertake in authorising these types of firms. We consider that the charges proposed in Table 4.1 would represent a more reasonable contribution towards our costs by applicant DRSPs, without creating a barrier to new entrants or inhibiting competition for end users.
4.10 DRSPs pay an additional 50% fee for any further contemporaneous or subsequent
DRSP registrations. They also pay for connecting to our Market Data Processor (MDP), the rate depending on whether they are offering Approved Publication Arrangements (APAs – £10,000) or Approved Reporting Mechanisms (ARMs – £25,000). We are not changing the connection charges.
4.11 Table 4.1 summarises the current charges and our proposals.
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Regulatory fees and levies: policy proposals for 2023/24
Table 4.1: Comparison of current and proposed DRSP, TR and SR application fees
Current FCA fee Proposed FCA fee
DRSP
Application fee
£5,000 (Category 5 + 50% for additional service) £10,000 (Category 6+ 50% for additional service) MDP Connection charge APA – £10,000 (Category 6) ARM – £25,000 (Category 7) No change TR/SR Application fee £5,000 (Category 5) £10,000 (Category 6) Recognition as a 3rd country TR £2,500 (Category 4) £5,000 (Category 5) Q3: Do you have any comments on our proposed application fees for UK Data Reporting Service Providers (DRSPs), Trade Repositories (TR)s and Securitisation Repositories (SRs)? Periodic fees for DRSPs
4.12 We are also consulting on changes to the periodic fees payable by DRSPs. Currently
DRSPs (ARMs and APAs) sit within fee block G and pay a flat rate periodic fee of £29,020 for a single category of DRSP with a 50% flat rate periodic fee for each additional DRSP registered by the same legal entity.
4.13 TRs and SRs pay a variable fee rate based on ‘applicable turnover,’ subject to a
minimum payment of €30,000 (in GBP equivalent as at 31 December the previous year – £25,197 for 2022/23). This follows the model of the fees TRs used to pay to ESMA before the United Kingdom left the European Union.
4.14 Most of our fees are based on a measure of size, known as a ‘tariff measure,’ so that
the fees are scaled to reflect the market share of the fee payer. The most common tariff measure is turnover. We believe that the distribution of cost recovery between DRSPs would be fairer if we replaced their flat fee with a variable rate fee. To achieve consistency with TRs and SRs, we propose to adapt the definition of applicable turnover used for them and apply the same model of a minimum payment equivalent to €30,000. Since they will be reporting their combined turnover from all of the DRSP services they provide, it will not be necessary to retain the additional weightings per service.
4.15 The current distribution of flat rate fees ranges from £29,020 to £43,530. We are
not looking to increase the total amount we recover from DRSPs beyond the usual annual allowance for inflation, but merely seeking to achieve a fairer distribution of cost recovery between DRSPs. Using the data currently available to us, which may not precisely reflect our proposed definition, and recovering the same AFR as in 2022/23, we estimate that a future variable fee would have generated a much broader range in 2022/23, from the minimum rate of £25,197 to about £85,000. We believe this is fairer since it reflects the market shares of the different firms. The rate would have been around £2 per £1,000 of turnover. We will contact DRSPs from December onwards, asking them to submit data to us using the proposed definition.
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Regulatory fees and levies: policy proposals for 2023/24
4.16 Our proposed definition is set out in Appendix 1 (FEES 4 Annex 11). We welcome
comments on it and any amendments we should consider taking account of the circumstances of DRSPs. Q4: Do you have any comments on our proposal to introduce a variable rate fee for Data Reporting Service Providers (DRSPs) based on applicable turnover, and are there any amendments we should make to our proposed definition? Clarification of definition of gross income for fee-block A.9 (Managers and depositaries of investment schemes or pension schemes)
4.17 Some firms in fee-block A.9 have asked us whether they should include performance
fees when they report their gross income to us. In our view, the definition of gross income in FEES 4 Annex 1A makes it clear they should exclude any additional ad hoc fees paid by their clients. The rule specifies that they should report ‘the annual charge on investments,’ which ‘is calculated as a % of funds invested, typically 1% p.a.’ Ad hoc charges such as performance fees would take the reported income above the annual charge. We believe the definition was framed to ensure that all firms reported on the same basis, leaving aside any local or temporary arrangements they might make with clients from time to time.
4.18 However, the questions raised with us suggest that not all firms may read the rule as
intended and so we propose to spell out the position: ‘… a % of funds invested, typically 1% p.a, excluding any additional ad hoc charges such as performance fees.’ This does not change the meaning of the rule. Q5: Do you have any comments on the proposed clarification of the definition of income for fee-block A.9?
CP22/23
Chapter 5
Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24 5 Update on HM Treasury’s Economic Crime Levy
5.1 In this chapter, we provide an update on HM Treasury’s Economic Crime Levy for
information.
5.2 Section 53(1) of the Finance Act 2022 (FA 2022) requires HM Revenue and Customs
(HMRC), the Gambling Commission and the FCA to collect an economic crime levy (ECL) on behalf of HM Treasury from the populations they supervise under the MLRs All of the arrangements, including details about the firms which are eligible to pay the levy, the data that will be used to calculate their liabilities, how the levy will be determined and the timing of payments, are defined in the Economic Crime (AntiMoney Laundering) Levy Regulations 2022 or orders issued by HM Treasury. Further information is in a page on the government website.
5.3 Since the ECL is governed entirely through legislation and HM Treasury orders, and not
by FCA rules, we are not consulting on it. However, we have been instructed to start collecting the levy from 2023/24, so we wish to let FCA fee-payers know how they will be affected:
CP22/23
Annex 1
Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24
Annex 1
Questions in this paper
Q1: Do you have any comments on our approach to the 2023/24 consultation on FCA fee-rates? Q2: Do you have any comments on the £5,000 fee we are proposing to charge firms which apply for permission to approve financial promotions of types of product? Q3: Do you have any comments on our proposed application fees for UK Data Reporting Service Providers (DRSPs), Trade Repositories (TR)s and Securitisation Repositories (SRs)? Q4: Do you have any comments on our proposal to introduce a variable rate fee for Data Reporting Service Providers (DRSPs) based on applicable turnover, and are there any amendments we should make to our proposed definition? Q5: Do you have any comments on the proposed clarification of the definition of income for fee-block A.9?
CP22/23
Annex 2
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Regulatory fees and levies: policy proposals for 2023/24
Annex 2
Compatibility statement
Compliance with legal requirements
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Regulatory fees and levies: policy proposals for 2023/24
7. In the Financial Services and Markets Bill, the Government has proposed a new,
secondary objective for the FCA. This would require us to facilitate, subject to aligning with relevant international standards, the international competitiveness of the economy of the United Kingdom (including in particular the financial services sector), and its growth in the medium to long term. As with our operational objectives, the proposals in this consultation would, if this objective was adopted by Parliament, advance this secondary objective.
8. We also think that these proposals are compatible with our strategic objective of
ensuring that the relevant markets function well, albeit indirectly. This is because they will enable us to fund the activities to help us meet that objective. For the purposes of our strategic objective, ‘relevant markets’ are defined by s.1F of FSMA. In the rest of this annex, reference to objectives means both our strategic objective and operational objectives.
9. In preparing the proposals set out in this consultation, we have had regard to the
regulatory principles set out in s.3B of FSMA. Most of the relevant regulatory principles are considered below:
The need to use our resources in the most efficient and economical way
10. Our fee-raising proposals are set to recover our costs in carrying out our
responsibilities under FSMA and associated legislation. We aim to carry out this work in the most efficient and economical way possible, concentrating on the areas of activity that pose the greatest risk to our objectives. The principle that a burden or restriction should be proportionate to the benefits
11. Our fees are necessary for us to meet our objectives. As outlined above, we aim to use
our resources in the most efficient and economical way, while delivering benefits to UK consumers, through our regulatory activities.
12. In chapter 2, we explain that we are considering ways to mitigate the impact of inflation
on fee-payers, especially small fee-payers, and we have proposed not to increase application fees. We also discuss our approach to the recovery of the costs of projects we have undertaken. Where possible, we collect the costs from the firms directly affected. We explain how we intend to do that with the costs of the Future Regulatory Framework, the Consumer Duty and the Pensions Dashboards projects. In the case of fee-paid funeral plans, we consider it would not be reasonable to attempt to collect the full costs of the project from the small number of funeral plan firms which will be authorised, and so we are proposing to spread cost recovery across the full population of fee-payers. The desirability of recognising differences in the nature of, and objectives of, businesses carried on by different persons including mutual societies and other kinds of business organisation
13. In chapter 2, we continue the debate we started last year on tailoring cost recovery to
the business models of the various firms subject to the Investment Firms Prudential Regime.
CP22/23
Annex 2
Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24 The principle that we should exercise of our functions as transparently as possible
14. Our consultation processes are intended to ensure that we are transparent about the
thinking behind our proposals and clearly explain what we expect to achieve. We believe that this CP meets these objectives. In chapters 2 and 3, we explain the thinking behind certain aspects of our fees systems, to improve fee-payers’ understanding of our consultations. Expected effect on mutual societies
15. We do not expect the proposals in this paper to have a significantly different impact on
mutual societies to the impact on other authorised firms.
Compatibility with the duty to promote effective competition in the interests of consumers
16. These proposals will enable us to fund the activities we need to undertake in 2023/24.
These activities include meeting our duty to promote effective competition in the interests of consumers. Fees are not intended in themselves to influence firms’ behaviour. Equality and diversity
17. We are required under the Equality Act 2010 to ‘have due regard’ to the need to
eliminate discrimination and to promote equality of opportunity in carrying out our policies, services and functions. As part of this, we conduct an equality impact assessment to ensure that the equality and diversity implications of any new policy proposals are considered.
18. As explained in paragraphs 1.10 and 1.11 of this CP, we do not think that the proposals
negatively impact any of the groups with protected characteristics under the Equality Act 2010. But we will continue to consider the equality and diversity implications of the proposals during the consultation period, and will revisit them when publishing the final rules. The Treasury’s recommendations about economic policy
19. The Treasury makes recommendations to us under section 1JA of FSMA about
aspects of economic policy which we should consider when undertaking our functions. Our fees proposals indirectly take account of the Treasury’s recommendations by providing the resources that enable us to meet our objectives in taking responsibility for the claims management market.
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Regulatory fees and levies: policy proposals for 2023/24
Annex 3
Abbreviations used in this paper
Abbreviation Description
AFR Annual funding requirement
APA Approved publication arrangement
AR Appointed representative
ARM Approved reporting mechanism
CC Consumer credit
DRSP Data reporting service provider
ECL Economic crime levy
EMPS Energy market participants
ESMA European Securities and Markets Authority FCA Financial Conduct Authority FP Pre-paid funeral plan FPS Financial penalty scheme FRF Future Regulatory Framework FSA Financial Services Authority FSCS Financial Services Compensation Scheme FSMA Financial Services and Markets Act 2000 HMRC HM Revenue and Customs HMT HM Treasury IFPR Investment Firms Prudential Regime IPRU-INV Interim prudential sourcebook for investment businesses K-COH Client orders handled K-DTF Daily trading flow
CP22/23
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Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24 Abbreviation Description K-NPR Net position risk MDP Market data processor MiFID UK Markets in Financial Instrument Directive MIFIDPRU FCA sourcebook for firms subject to IFPR which comes into effect in January 2022 MLRs Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 OMPS Oil market participants ORA Ongoing regulatory activities PRA Prudential Regulation Authority PRR Position Risk Requirement SR Securitisation repository TR Trade repository VoP Variation of permission We make all responses to formal consultation available for public inspection unless the respondent requests otherwise. We will not regard a standard confidentiality statement in an email message as a request for non-disclosure. Despite this, we may be asked to disclose a confidential response under the Freedom of Information Act 2000. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by the Information Commissioner and the Information Rights Tribunal. All our publications are available to download from www.fca.org.uk. If you would like to receive this paper in an alternative format, please call 020 7066 7948 or email: publications_graphics@fca.org.uk or write to: Editorial and Digital team, Financial Conduct Authority, 12 Endeavour Square, London E20 1JN Sign up for our news and publications alerts
CP22/23
Appendix 1
Financial Conduct Authority
Regulatory fees and levies: policy proposals for 2023/24
Appendix 1
Draft Handbook text
FCA 2023/XX
APPLICATION AND PERIODIC FEES (2023/2024) INSTRUMENT 2023 Powers exercised A. The Financial Conduct Authority (“the FCA”) makes this instrument in the exercise of the powers and related provisions in or under the following:
(1) the Financial Services and Markets Act 2000 (“the Act”):
(a) section 73A (Part 6 Rules);
(b) section 137A (The FCA’s general rules);
(c) section 137SA (Rules to recover expenses relating to the single financial guidance body); (d) section 137SB (Rules to recover debt advice expenses incurred by the devolved authorities); (e) section 137T (General supplementary powers); (f) section 139A (Power of the FCA to give guidance); (g) section 234 (Industry funding); (h) section 333T (Funding of action against illegal money lending); and (i) paragraph 23 (Fees) in Part 3 (Penalties and Fees) of Schedule 1ZA (The Financial Conduct Authority); (2) regulation 118 (Costs of supervision) of the Payment Services Regulations 2017 (SI 2017/752); (3) regulation 59 (Costs of supervision) of the Electronic Money Regulations 2011 (SI 2011/99); (4) paragraph 12K (Power to charge fees) of Part 1A of Schedule 3 and paragraph 35 (Power to charge fees) of Part 3 of Schedule 3 to the Electronic Money, Payment Services and Payment Systems (Amendment and Transitional Provisions) (EU Exit) Regulations 2018 (SI 2018/1201); (5) regulation 46 of and paragraph 5 of Schedule 1 (Fees) to the Regulated Covered Bond Regulations 2008 (SI 2008/346); (6) article 25 (Application of provisions of the Act to the FCA in respect of its supervision of consumer buy-to-let mortgage firms) of the Mortgage Credit Directive Order 2015 (SI 2015/910); (7) regulation 40 (FCA: penalties, fees and exemption from liability in damages) of the Data Reporting Services Regulations 2017 (SI 2017/699); (8) regulation 26 (FCA: penalties, fees and exemption from liability in damages) of the Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (SI 2018/135); (9) paragraph 11 (Penalties and fees) of Schedule 1 and paragraph 4(7) of
FCA 2023/XX
Schedule 2 to the Securitisation Regulations 2018 (SI 2018/1288);
(10) regulation 102 (Costs of supervision) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (SI 2017/692); (11) regulation 27 (Costs of supervision) of the Oversight of Professional Body Anti-Money Laundering and Counter Terrorist Financing Supervision Regulations 2017 (SI 2017/1301); (12) regulations 206 (Meaning of "qualifying functions" in this Part) and 208 (Fees: Financial Conduct Authority) of the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (SI 2019/632); and (13) regulation 63 (power to charge fees) of the EEA Passport Rights (Amendment, etc. and Transitional Provisions) (EU Exit) Regulations 2018 (SI 2018/1149). B. The rule-making powers listed above are specified for the purpose of section 138G (Rule-making instruments) of the Act.
C. As required by section 137SA(5) of the Act, the Secretary of State has consented to
rules made under that section and, as required by section 137SB(5) of the Act, the Treasury has consented to rules made under that section. Commencement D. This instrument comes into force on [date]. Amendments to the Handbook E. The Fees manual (FEES) is amended in accordance with the Annex to this instrument. Citation F. This instrument may be cited as the Application and Periodic Fees (2023/2024) Instrument 2023. By order of the Board [date]
FCA 2023/XX
Annex
Amendments to the Fees manual (FEES)
In this Annex, underlining indicates new text and striking through indicates deleted text. 3 Application, Notification and Vetting Fees … 3 Annex 13R Fees payable for registration as a credit rating agency, trade repository or securitisation repository Application type Applicable pricing category in FEES 3 Annex 1AR Credit rating agency 5 Trade repository 5 6 Third country firm seeking certification as a credit rating agency Third country firm seeking recognition of a trade repository 4 5 Securitisation repository 5 6 3 Annex 14R Other FCA application fees
FCA 2023/XX
Application type Pricing category in FEES 3
Annex 1AR
Due date
...
6 Applications under the Data Reporting Services Regulations DRS Regulations in relation to MiFID and/or MiFIR and/or MAR (a) Application for authorisation under regulation 7 of the DRS Regulations, or the operator of a trading venue seeking verification of their compliance with Title V of MiFID under regulation 8 of the DRS Regulations. The pricing categories in either (a)(i), (ii) or (iii) below apply (i) Application to operate one data reporting service, plus 50% of the fee for each additional service applied for 5 6 On the date the application is made (ii) Application to operate more than one data reporting services 50% of 5 6 for each additional service plus 5 (iii) Variation of an authorisation under regulation 12 of the DRS Regulations 50% of 5 6 ... 7 An application for authorisation as a third party verifier 3 On the date the application is made 8 (a) An application for permission to approve financial promotions for the purposes of:
5 On the date the application is made
FCA 2023/XX
(i) section
55NA(3)(a) of the Act (where that application is made by an authorised person); or (ii) section 55NA(3)(b) of the Act (where that application is made by an applicant for
Part 4A
permission that has yet to be determined).
In respect of both the application for Part 4A permission and the application for permission to approve financial promotions, one fee is payable being the higher of:
(i) 5; and
(ii) the applicable tariff set out in
FEES 3
Annex
1AR.
(b) An application to vary a permission to approve financial promotions already granted under section 55NA of the Act, by way of an extension to the scope of that permission for the purposes of section 55NA(5)(a) of the Act. 50% of 5 (c) An application to: No charge
FCA 2023/XX
…
4 Periodic fees
…
4 Annex
1AR
FCA activity groups, tariff bases and valuation dates …
Part 3
This table indicates the tariff base for each fee-block set out in Part 1. The tariff base in this Part is the means by which the FCA measures the amount of business conducted by a firm for the purposes of calculating the annual periodic fees payable to the FCA by that firm. Activity group Tariff base … A.9 GROSS INCOME(1) For AIFMs (excluding internally managed AIFs), management companies, operators (including ACDs and authorised fund managers of unit trusts or authorised contractual schemes but excluding operators of a personal pension scheme or a stakeholder pension scheme) and residual CIS operators gross income from the activity relating to fee-block A.9 is defined as:
(i) vary a permission, by way of a reduction in the scope of that permission; or (ii) cancel a permission, to approve financial promotions for the purposes of section 55NA(5)(a) of the Act.
FCA 2023/XX the amount of the annual charge on investments in the fund received or receivable in the latest accounting period (this is calculated as a % of funds invested, typically 1% p.a., excluding any additional ad hoc charges such as performance fees); PLUS(a) ... … 4 Annex 2AR FCA Fee rates for the period from 1 April 2022 to 31 March 2023
Part 1
This table shows the tariff rates applicable to each of the fee blocks set out in Part 1 of FEES 4 Annex 1A R. ... Activity group Fee payable ... CC1. Creditrelated regulated activities with limited permission Band Width (£ thousands of annual income (AI)) Fee (£) … CC2. Creditrelated regulated activities Band Width (£ thousands of annual income (AI)) Fee (£) (£/£ thousand or part £ thousand of AI) … 4 Annex 11R Periodic fees in respect of payment services, electronic money issuance, regulated covered bonds, CBTL business, data reporting services and third party verifiers in relation to the period 1 April 2022 to 31 March 2023 This Annex sets out the periodic fees in respect of payment services carried on by fee-paying payment service providers under the Payment Services Regulations and electronic money issuance by fee-paying electronic money issuers under the Electronic Money Regulations and issuance of regulated covered bonds by issuers
FCA 2023/XX and CBTL business carried on by CBTL firms under the MCD Order and data reporting services providers under the DRS Regulations. …
Part 3
This table indicates the tariff base for each fee-block. The tariff base is the means by which the FCA measures the amount of business conducted by fee-paying payment service providers, fee-paying electronic money issuers, CBTL firms, data reporting services providers, firms registered under the Money Laundering Regulations, issuers of regulated covered bonds and third party verifiers. Activity group Tariff base ... G.25 Not applicable APPLICABLE TURNOVER This is the sum of revenues generated from:
(1) UK ARM services;
(2) UK APA services;
PLUS:
where the same legal entity provides the registered DRSP service:
(3) ancillary service to UK ARM services; and (4) ancillary service to UK APA services. ...
Part 4 - Valuation period
This table indicates the valuation date for each fee-block. A fee-paying payment service provider, a fee-paying electronic money issuer, a regulated covered bond issuer and a third party verifier can calculate tariff data by applying the tariff bases set out in Part 3 with reference to the valuation dates shown in this
table.
Activity group
Valuation date
...
G.15 ...
FCA 2023/XX
G.25 Applicable turnover for the financial year ended in the calendar year ending 31 December. ...
Part 5 - Tariff rates
Activity group
Fee payable in relation to 2022/23
...
G.25 Flat fee (£) for first data reporting service plus 50% flat fee for each additional data reporting service for which the data reporting services provider has authorisation. Data reporting services providers. 29,020 £[tbc] per £1,000 or part- £1,000, subject to a minimum payment of £[tbc] ...
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Website: www.fca.org.uk
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