The Bank of England’s fees regime for financial market infrastructure supervision 2023/24

Consultation paper
Published on 21 July 2023

By responding to this consultation, you provide personal data to the Bank of England. This may include your name, contact details (including, if provided, details of the organisation you work for), and opinions or details offered in the response itself.

The response will be assessed to inform our work as a regulator and central bank, both in the public interest and in the exercise of our official authority. We may use your details to contact you to clarify any aspects of your response.

The consultation paper will explain if responses will be shared with other organisations (for example, the Financial Conduct Authority). If this is the case, the other organisation will also review the responses and may also contact you to clarify aspects of your response. We will retain all responses for the period that is relevant to supporting ongoing regulatory policy developments and reviews. However, all personal data will be redacted from the responses within five years of receipt. To find out more about how we deal with your personal data, your rights or to get in touch please visit Privacy and the Bank of England.

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure to other parties in accordance with access to information regimes including under the Freedom of Information Act 2000 or data protection legislation, or as otherwise required by law or in discharge of the Bank’s functions.

Please indicate if you regard all, or some of, the information you provide as confidential. If the Bank of England receives a request for disclosure of this information, we will take your indication(s) into account, but cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system on emails will not, of itself, be regarded as binding on the Bank of England.

Responses are requested by 21 September 2023.

Please address any comments or enquiries by email to: FMIFees@bankofengland.co.uk.

Alternatively, please address any comments or enquiries to: FMI Fees, Financial Market Infrastructure Directorate, Bank of England, 20 Moorgate, London, EC2R 6DA.

Overview

This consultation paper (CP) sets out proposals for the Bank of England’s (the Bank’s) supervisory fees for financial market infrastructure (FMI)footnote [1] for 2023/24. The proposals cover:

  • the fee rates to meet the Bank’s 2023/24 funding requirement for its FMI supervisory activity and the policy activity that supports this, as permitted by the Bank’s fee-levying powers.

The CP additionally sets out the Bank’s application of special project fees (SPF) for 2023/24. In the 2023/24 fee year, the Bank expects to recover approximately £0.18 million through an SPF for supervisory work associated with a significant activity that is time limited and requires additional supervisory resource. The Bank has informed the relevant FMI(s) of its intention to recover these costs in addition to the annual FMI fee.

This CP is relevant to all FMIs that currently pay FMI supervisory fees to the Bank or are expecting to do so within the 2023/24 fee year. This includes both UK and incoming FMIs.

Summary of proposals

The Bank’s annual FMI supervisory fee includes the costs of FMI supervision staff together with relevant policy support, specialist resources, corporate services and other costs associated with the work of the FMI Directorate.

A number of functions within the scope of the Bank’s fee-levying powers have required further resource in 2023/24 and these are described in the relevant section below.

The total cost for the 2023/24 fee year of the Bank’s FMI supervisory activity and policy activity that supports this, and is within scope of the Bank’s fee-levying powers, is expected to be £13.8 million, representing an increase of 19% on the total fees levied in 2022/23 of £11.6 million, although these numbers are not directly comparable due to changes in the population of supervised firms

The proposals in this CP have been prepared under a number of resource assumptions and there may therefore be variation in the final fee rates for the 2023/24 fee year because the final fee will reflect the actual level of supervisory resource expenditure over the course of the year. Any variances will be addressed at the conclusion of the 2023/24 fee year through either a rebate or a request for additional fees.

Implementation

The proposed implementation date for the proposals contained in this consultation is Q3 of the 2023/24 fee year (ie September–December 2023 inclusive), at which point invoices are expected to be issued for the 2023/24 fee year.

Responses and next steps

This consultation closes on 21 September 2023. The Bank invites feedback on the proposals set out in this CP. Please address any comments or enquiries to FMIFees@bankofengland.co.uk or, alternatively to: FMI Fees, Financial Market Infrastructure Directorate, Bank of England, 20 Moorgate, London, EC2R 6DA.

Proposals

FMI Fees for 2023/24

This section sets out proposals on FMI fee rates to meet the Bank’s 2023/24 funding requirement for its FMI supervisory activity and the policy activity that supports this, as permitted by the Bank’s fee-levying powers. The FMIs that are currently within scope of the annual FMI supervisory fee are UK and incoming CCPs, UK and incoming CSDs and recognised payment systems and specified service providers to recognised payment systems. More information can be found at Financial market infrastructure supervision on the Bank’s website.

UK FMIs

The ratio for allocating fees between the different categories of UK FMIs remains the same as for the 2022/23 fee year and reflects the different challenges and resourcing requirements posed in supervising different types of FMI and their categories. The ratios of fees charged across the categories of FMI is set out in Table A.

Table A: Fee ratio across UK FMI categories (a)

FMI types and categories

Fee ratios by category

CCPs – the ratio between category one, category two and category three CCPs

1.75 : 1.00 : 0.57

CSDs – the ratio between category one, category two and category three CSDs

1.50 : 1.00 : 0.67

Recognised payment systems and specified service providers – the ratio between category one and category two firms

1.50 : 1.00

Footnotes

  • (a) The FMI categories are described as follows: category one – most significant systems which have the capacity to cause very significant disruption to the financial system by failing or by the manner in which they carry out their business; category two – significant systems which have the capacity to cause some disruption to the financial system by failing or by the manner in which they carry out their business; and category three – systems which have the capacity to cause at most minor disruption to the financial system by failing or by the manner in which they carry out their business.

The total UK FMI fees that are expected to be collected in the 2023/24 fee year are £12.8 million. Table B sets out the expected charge for each category of FMI.

The Bank applies a reduction to the fees for payment systems based overseas in respect of which the Bank has deference-based co-operation arrangements with the relevant home authority where this means the Bank will incur lower costs for its own supervisory activity. The amount of any reduction would be decided on a case-by-case basis to reflect the specifics of the situation, and this will be communicated bilaterally to the relevant FMI(s).

Table B: Fees for 2023/24 fee year (a)

Category

CCPs

CSD

Payment systems and service providers

Category one

£2.85 million          

£1.38 million          

£0.74 million

Category two

£1.63 million          

n.a.

£0.49 million

Category three          

n.a.

n.a.

n.a.

Footnotes

  • (a) These are rounded figures and FMIs within scope of the regime can expect to be billed exact amounts.

Comparison of proposed 2023/24 fees with 2022/23 fees

The proposed fees set out in Table B represent an increase of 5% for CCPs, 4% for CSDs, and 8% for payment system and service providers relative to the 2022/23 fees. The proposed fees reflect the following developments and initiatives:

  • CCPs and CSDs have seen an increase as additional CCP and CSD policy work is expected to be chargeable in 2023/24 as a number of initiatives begin to have a direct impact on supervised firms eg powers under the Smarter Regulatory Framework.
  • The payment systems and service providers increase is driven by greater supervisory activity. Payment systems and service providers has a smaller value increase than other FMI types although this represents a greater percentage increase in fees than other FMI types. This reflects:
    • a larger programme of supervisory work planned for 2023/24 focused on operational resilience, which forms a greater proportion of the overall supervisory work for payment systems and service providers than other FMI types; this combined with
    • the lower level of existing fees for payment systems versus other FMI types, lead to a larger percentage increase for a smaller value increase.

Incoming FMIs

The Bank now supervises both incoming CCPs and incoming CSDs and will levy fees in line with the principles set out in the November 2022 fees regime policy statements for incoming central counterparties and incoming central securities depositories.

Incoming CCPs

The ratio for allocating fees between the different categories of incoming CCPs is unchanged since the November policy statement. The ratios of fees charged and the proposed levies across the categories of CCPs is set out in Table C.

The incoming CCP fees proposed for the 2023/24 year are in line with the estimated fees in the policy statement.

Table C: Incoming CCP fees for 2023/24 fee year

Incoming CCP group

Fee ratio

2023/24 proposed fee

Policy statement estimate

Group A

4.0

n.a.

n.a.

Group B

1.0

£306,300

£300,000

Group C

0.3

£91,890

£90,000

Group D

Fixed fee

£9,000

£9,000

Incoming CSDs

The proposed fees for Group A CSDs 2023/24 are 12% lower than those set out in the policy statement. This is due to a lower expected resource requirement for the planned supervisory activities this year. These figures (like all the fees) will be subject to review each year. Group B CSDs incur a fixed fee which remains unchanged since the policy consultation.

Table D: Incoming CSD fees for 2023/24 fee year

Incoming CSD group

2023/24 proposed fee

2022 policy statement estimate

Group A

£154,800

£175,000

Group B

£6,000 (fixed fee)

£6,000 (fixed fee)

Special projects fee

In the June 2018 policy statement on the Fees regime for the supervision of financial market infrastructure, the Bank stated that fees charged to FMIs could include work on special projects that fall under the Bank’s supervisory remit for FMIs and are in the scope of the Bank’s fee-levying powers. It also stated that it considers special projects to be one-off or significant activities that may be time limited and require additional supervisory resource.

The hourly costs incurred by the Bank for FMI special projects (including staff salaries and overheads) are the same as the Prudential Regulation Authority’s hourly costs for special projects. There has been no change in the hourly costs for 2023/24.

Table E: SPF hourly rates 2023/24 (£/hour) (a)

Role

Hourly rate

Administrator

60

Associate

130

Technical specialist

190

Manager

250

Any other persons employed by the Bank (b)

350

Footnotes

The SPF will continue to follow a quarterly invoicing process.

As a result of a time-limited and significant project that falls within scope of the fee-levying powers, the Bank intends to levy an SPF for the 2023/24 fee year and has discussed this bilaterally with the FMI(s) involved. It is expected that the Bank will recover approximately £0.18 million through levying this SPF in 2023/24.

Surplus in fees for 2023/24

As set out in the June 2018 policy statement, the Bank will set FMI fees based on the expected business-as-usual supervisory resource expenditure for the upcoming fee year. Where the Bank’s spend is greater or less than anticipated, the Bank will consider adjusting its annual supervisory levy for the following fee year to account for any under or overspends. In the 2022/23 fee year, the Bank’s spend was in line with the fees charged.

  1. For the purposes of this consultation paper, the term FMI refers to UK central counterparties (CCPs), UK central securities depositories (CSDs), recognised payment systems, and specified service providers to recognised payment systems.