Rulemaking powers
On 1 January 2024, the Financial Services and Markets Act 2000 (the Act) as amended by the Financial Services and Markets Act 2023 (FSMA 2023) gave the Bank new powers in its role as the UK’s regulator for central counterparties (CCPs) and central securities depositories (CSDs). This was matched by an enhanced transparency and accountability regime. FSMA 2023 introduced allowed the Bank to replace repealed firm-facing requirements contained in retained EU legislation with its own rules. This complements the existing power to make codes of practice for payment systems. We will base our approach to the repeal and replace of retained EU legislation into Bank rules, first and foremost, on our commitment to holding FMIs to the highest standards, in accordance with the PFMIs, as well as other relevant international standards.
We are required to carry out cost benefit analysis (CBA) when making rules for CCPs and CSDs, We have published a statement of policy setting out its approach. Our approach explains how we estimate costs and benefits as part of our policymaking process, and the role of regulation of CCPs and CSDs in ensuring the stability of the UK’s financial system. Supported by the CBA Panel, CBA enhances the transparency of our policymaking and our accountability and helps us make better policy.
We are committed to regularly reviewing our rules to ensure they remain effective, proportionate and responsive to developments in financial markets. We have published our approach to rule review to set out how we will do this. In exercising our rulemaking powers, we also have the flexibility to grant permissions, waivers or modifications to firms. We have published a consultation on our approach to rulemaking powers and will publish our final policy in due course.