The following transitional orders and regulations were made on 9 August:
The Financial Advisers Act Commencement Order 2010
This brings into force, in specified stages, the provisions of the Financial Advisers Act 2008 (the FAA) that are not already in force.
The Financial Service Providers (Registration and Dispute Resolution) Act Commencement Order 2010
This brings Part 2 and section 48 of the Financial Service Providers (Registration and Dispute Resolution) Act 2008 (the FSP Act) into force, in specified stages.
The Financial Service Providers and Financial Advisers Transitional Regulations 2010
These regulations:
provide that a period of authorisation of a financial adviser or a period of grant of Qualifying Financial Entity (QFE) status under the FAA must not commence before 1 December 2010 (on which date the key related provisions under the FAA come into force); and
ensure that the section requiring persons who provide financial adviser services to be registered under the FSP Act (section 20D) is technically effective in the implementation period,
(together, the Transitional Regulations).
The transitional scheme for financial advisers under the Transitional Regulations is summarised in the table below.
From 16 August 2010 |
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On and from 1 December 2010 |
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On and from 1 April 2011 |
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On 1 July 2011 |
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Regulations have also been made setting:
fees and the levy under the FSP Act (See the Financial Service Providers (Fees and Levy) Regulations 2010 for details); and
fees for applications to be authorised financial advisers and QFEs under the FAA, and for the renewal of authorisation and QFE status (See the Financial Advisers (Fees) Regulations 2010 for details).
Both regulations came into force on 16 August.
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