<-- Back to proposed bills
Financial Services and Markets Bill - Sitting 7
01 November 2022
Type
Public Bill Committee
At a Glance
Issue Summary
Virendra Sharma is discussing Clause 46 of the Financial Services and Markets Bill, which pertains to the Payment Systems Regulator's accountability measures. The statement discusses the importance of maintaining access to free-of-charge cash for small businesses and disadvantaged groups. Shaun Bailey discusses the importance of maintaining free access to cash for communities, especially those in acute deprivation. Siobhain McDonagh addresses the decline in free access to cash ATMs in the UK, highlighting its impact on vulnerable populations such as those with lower incomes, the elderly, and people with physical or mental health difficulties. The MP discusses the importance of ensuring free and accessible cash services under the Financial Services and Markets Bill. The statement addresses the importance of maintaining access to cash for vulnerable groups and introduces clause 47 of the Financial Services and Markets Bill which sets out a legislative framework for the protection of cash access. Virendra Sharma is discussing the Financial Services and Markets Bill, specifically clause 47 and related amendments concerning access to cash services. Virendra Sharma discusses amendments to Schedule 8 of the Financial Services and Markets Bill, focusing on access to cash services. The statement addresses amendments related to the Financial Services and Markets Act 2000 regarding the regulation of cash access services by the FCA. MP Virendra Sharma discusses clause 48 and schedule 9 of the Financial Services and Markets Bill, which relate to the oversight and regulation of the wholesale cash distribution industry. The statement discusses the introduction and expansion of a resolution regime for central counterparties (CCPs) under the Financial Services and Markets Bill to enhance financial stability. The statement discusses several amendments to Schedule 11 of the Financial Services and Markets Act 2000, addressing issues related to central counterparties (CCPs) in financial difficulties. Clause 51 introduces schedules 12 and 13, which enhance the powers available to UK regulatory authorities and courts to manage an insurer in financial distress. The statement discusses amendments to the Financial Services and Markets Act (FSMA) aimed at enhancing regulatory powers for financial misconduct.
Action Requested
Sharma proposes several amendments related to free cash access services and introduces new clauses regarding guaranteed minimum provision for access to free cash services and a duty to collect data on cash acceptance levels. He also seeks approval for these changes within the Committee discussion.
Key Facts
- Clause 46 relates to the accountability of the Payment Systems Regulator.
- Amendments include changing definitions to accommodate both fee-based and free cash deposit, withdrawal, and access services.
- New clauses propose guaranteed minimum provision for free cash access services and a duty for the FCA to monitor and publish data on levels of cash acceptance.
- New clause 12 proposes regulations by the Treasury to ensure a minimum level of free cash access for small businesses.
- West Dunbartonshire has seen a 27% drop in ATM access over four years, with only three or four bank branches remaining.
- UK consumers can access cash from over 55,000 ATMs and 11,500 post offices.
- The LINK network handles around 1.6 billion transactions per month.
- Two bank closures have occurred in Bailey's constituency within the last 18 months.
- The constituency represented by Bailey includes the fourth most deprived ward in the west midlands.
- Constituents are concerned about being charged for ATM services, which can be a barrier to accessing cash.
- Ten per cent of UK adults, or 5.4 million people, rely on cash to varying extents in their daily lives.
- The number of free-to-use ATMs has decreased by nearly 24% since August 2018, while the number of pay-to-use ATMs has increased significantly.
- Since 2015, the UK has lost more than half its branch network, at a rate of 54 branches per month.
- Since 2015, almost 6,000 bank branches have closed.
- In July 2022, there were around 12,000 fewer free-to-use ATMs in the UK compared to August 2018, a decrease of nearly 24%.
- The use of cash has increased recently due to the cost of living crisis.
- Clause 47 introduces schedule 8 which grants FCA responsibilities for cash access.
- Andrew Griffith's constituency has fewer free-to-use ATMs compared to Kingston upon Hull West and Hessle with reportedly 120 free-to-use ATMs.
- The policy statement will be published after Royal Assent is achieved.
- Clause 47 addresses statutory protection for access to cash.
- Amendments 40, 16 to 18 concern free-of-charge cash deposit and withdrawal services.
- New clauses 10, 11 and 12 aim to specify minimum levels of provision for free cash access and place a duty on the FCA to monitor cash acceptance.
- Amendment 19 calls for FCA to publish criteria and assessments.
- Amendments 20 and 21 allow for requests from the public, elected officials, community groups, etc., for reviews of local access to cash needs.
- The amendments aim to ensure transparency and consumer confidence in the regulatory process.
- Amendments 19 and 20 seek to introduce requirements on the FCA regarding cash access services.
- Proposed new section 131V of FSMA 2000 requires the FCA to consult on regulating access to cash before making rules.
- The Bill provides powers for the FCA to designate entities and issue directions, ensuring reasonable provision of cash access services.
- Clause 48 gives new powers to the Bank of England to oversee the wholesale cash distribution industry.
- Schedule 9 enables the Treasury to make a wholesale cash oversight order, specifying an entity as recognised with market or systemic significance.
- The regime includes principles and codes of practice, information gathering, directions, inspections, fee collection, and enforcement by the Bank of England.
- Schedule 11 expands the existing CCP resolution regime introduced in 2014.
- It provides the Bank of England with comprehensive tools to protect financial stability.
- The new powers include imposing losses on a failing CCP before recovery measures are exhausted.
- Amendments correct cross-references and widen the scope of provisions related to CCPs.
- The amendments ensure that Northern Ireland legislation is included in relevant lists.
- Continuity obligations are provided despite entering insolvency under specified legal sections.
- The UK insurance industry is the largest in Europe and fourth largest globally, managing investments of more than £1.8 trillion.
- Schedule 12 introduces the role of a write-down manager who monitors a reduction in an insurer’s contracts to protect creditors and policyholders.
- Part 4 of schedule 13 requires the PRA to amend rules governing the Financial Services Compensation Scheme for top-up payments.
- Amendment 32 ensures exclusions apply during moratoriums on legal proceedings, mirroring similar provisions in schedule 13.
- Clause 52 adds responsibilities conferred by the Bill and future regulations to FSMA.
- Clause 53 enables disciplinary action against unauthorised firms for misconduct committed while authorised.
- Clause 54 allows regulators to impose conditions on new controllers of financial services firms when it advances their statutory objectives.
- Clause 55 removes requirements for the FSCS to have an accounting officer and the Treasury’s power to require certain information related to accounts.
▸
Assessment & feedback
Summary accuracy