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Financial Services Authority (FSA) is an independent
body which regulates the financial services industry
in the UK. It has an annual budget of £170 million,
is headed by Sir Howard Davies and was given statutory
powers by the Financial Services and Markets Act 2000.
The
FSA has the job of maintaining confidence in the UK
financial system, to promote public understanding of
the financial system, to secure an appropriate degree
of protection for consumers and contribute to reducing
financial crime. They achieve this by, among other things,
supervising exchanges, settlement houses and other market
infrastructure providers and by conducting market surveillance
and transaction monitoring. They help consumers get
the knowledge, aptitude and skills necessary to become
informed consumers, so that they can manage their financial
affairs more effectively. Their work focuses on three
main types of financial crime: money laundering, fraud
and dishonesty, and criminal market misconduct such
as insider dealing.
New
Responsibilities of the FSA
The
FSA have taken on a series of new responsibilities not
covered by the previous regulatory regimes and these
are:
Mutual
Societies Registration.
The
FSA are responsible for the registration and public
records of about 9,500 industrial and provident societies,
3000 societies registered under the Friendly Societies
legislation, 700 credit unions and around 70 building
societies.
Unfair Terms in Consumer Contracts.
The
FSA have powers under the Unfair Terms in Consumer Contract
Regulations 1999 to take action to deal with unfair
terms in financial services consumer contracts.
Lloyds
Insurance Market.
The
FSA are responsible for regulating the Lloyd's insurance
market. Large parts of their rules apply to the Society
of Lloyd's and the underwriting agents working in the
Lloyds market, although some provision is made
for the unique nature of the market. Both the Society
and the underwriting agents are supervised. The Societys
regulatory division carries out some of the supervision
of underwriting agents for the FSA.
The
Code of Market Conduct.
This
is part of the new regime for tackling market abuse.
The FSA will exercise powers under civil law to bridge
what was a significant gap in the ability of the UK
authorities to deal with market abuse.
Recognised
Overseas Investment Exchanges.
The
FSA are responsible for applications from, and supervising,
recognised overseas investment exchanges (ROIEs) and
recognised overseas clearing houses (ROCHs). They have
taken over these responsibilities from the Treasury.
Current ROIEs include the Sydney Futures Exchange and
NASDAQ. Overseas recognised bodies are subject to the
recognition requirements laid down in FSMA. These are
designed to ensure that they deliver a standard of investor
protection equivalent to that delivered by UK recognised
bodies. The concept relies on the overseas bodies
home regulators supervising them effectively.
More info: www.fsa.gov.uk
Tel: 0845 606 1234
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The
OFT's is a government department whose job is to make
markets work well for consumers. Markets work well when
businesses are in open, fair and vigorous competition
with each other for the consumer's custom.
As an independent professional organisation, the OFT plays
a leading role in promoting and protecting consumer interests
throughout the UK, while ensuring that businesses are
fair and competitive. The tools to carry out their work
are the powers granted to the OFT under consumer and competition
legislation.
Some of the activities of the OFT include the following:
consumer rights, consumer advice, consumer law, consumer
affairs, competition, competition law, competition policy,
monopolies and mergers, cartels, restrictive agreements,
restrictive practices and restrictive trade agreements.
This government body also polices the Sale of Goods Act,
the Fair Trading Act, Competition Act, Financial Services
Act, Consumer Credit Act and Resale Prices Act. The OFT
issues all credit licences and monitors consumer credit
and credit reference agencies.
More info: www.oft.gov.uk
Tel: 08457 224499 Consumers'
Association:
Consumers' Association is governed by a Council of management
consisting of 12 elected Council Members and up to six
co-opted Council Members. Council is responsible for
the direction of the work of Consumers' Association.
The Council meets seven times a year and there is an
Annual General Meeting each year. There are approximately
13,000 Ordinary members and it is completely free to
join.
All Ordinary Members are invited to attend the Annual
General Meeting each year. This is an opportunity to
put questions to the Chairman, Director and other senior
members of staff. Ordinary Members can also vote in
annual Council elections. They can even stand for election
themselves. All Ordinary Members receive a copy of the
Annual Report and Accounts.
More info: www.which.net
Tel: 0800 252100
Financial
Ombudsman:
The Financial Ombudsman was set up by law to help settle
individual disputes between consumers and financial
firms, The Financial Ombudsman can consider most personal
finance disputes, from insurance and mortgages to pensions
and investments.
The
service is free to consumers, but the body do not write
the rules for financial firms or punish and fine firms
if rules are broken. The consumer must complain to the
firm first, before the Financial Ombudsman can look
at the case. Their decisions are binding on firms but
not on the consumer. The consumer does not have to accept
any decisions made by them and are always free to go
to court instead. The Financial Ombudsman can't give
personal advice about financial matters or debt problems
and are independent of the government and financial
firms.
More info: www.financial-ombudsman.org.uk
Tel: 0845 080 1800
The
Banking Code Standards Board:
The Banking Code Standards Board, established in October
1999, aims to ensure that personal customers get a fair
deal from all banks and building societies which subscribe
to the Code. As a voluntary code, it allows competition
and market forces to work to encourage higher standards
for the benefit of customers. The standards of the Code
are covered by 10 key commitments. These apply to products
and services provided to personal customers. The New
Code came into effect on 1st January 2001.
More info: www.bankingcode.org.uk
Tel: 020 7661 9694
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The
Mortgage Code sets the standards of good practice as
to how mortgage lenders and brokers deal with their
customers. The
Board itself is an independent, non-profit making organisation
established to monitor compliance with the Mortgage
Code. Its main purpose is to ensure that mortgage customers
are fully informed and adequately protected when taking
out a mortgage through a lender or broker.
More info: www.mortgagecode.org.uk
Tel: 01785 218200
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The
General Insurance Standards Council (GISC) is an independent,
non-statutory organisation that was officially launched
on 3 July 2000 to regulate the sales, advice and service
standards of its members. GISC members may be insurers
or intermediaries or others involved in general insurance
such as claims handlers. Their stated purpose is to
make sure that general insurance customers are treated
fairly.
The
scope of the GISC covers all types of general insurance
for individuals and their families but does not regulate
the price charged for a general insurance policy, nor
does it regulate life assurance or pensions. GISC members
are monitored to make sure they follow the standards
in the Codes.
One of the features of GISC's corporate governance structure
is the operation of an independent Scrutiny Committee
whose remit is to assess the effectiveness of the Board
in creating a regime which adequately protects general
insurance customers.
More info: www.gisc.co.uk
Tel: 0845 601 2857
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