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The Financial Services Bill specifically includes this power as part of the FCA’s toolkit. The FSA is consulting on its successor body’s behalf so that the FCA’s approach is clear and understood by April 2013 when the new regulator comes into being.
Rules made before consultation would last for no longer than 12 months and could not be renewed. During this time, the FCA will either consult on a permanent remedy or aim to resolve the problem another way.
The consultation outlines some instances which may trigger temporary rules being made, including:
Product intervention rules (temporary or not) may address a wide range of product-related issues, for instance by restricting the marketing of a product to only certain types of customer or by requiring a product feature to be removed or changed in some way. Where there is high risk to consumers, FCA might make a rule change to ban a product but it would only do so in very serious circumstances. Other possible interventions, which would not necessarily require changes to rules, would include issuing warnings, or using supervisory powers to require firms to amend promotional materials.
Martin Wheatley, managing director of the FSA and CEO-designate of the FCA, said: “Making temporary product intervention rules is not something that we expect to do often but having this power means we can act quickly and decisively. The use of the power will be a judgement based on the need to protect all market users, consumers and industry innovators alike, from the type of products which will cause harm and might generate compensation costs.”
The consultation runs until 4 February, 2013.
In this Consultation Paper, the FSA explains the nature of some of the situations in which the FCA may choose to make temporary product intervention rules and give examples. The FSA wants to hear opinions on its proposals. The FCA’s draft Statement of Policy on making temporary product intervention rules is also included.
Who is this CP aimed at?
This paper will interest all product provider and distributor firms who will be regulated by the FCA, and industry associations. It should also be of significant interest to consumers and consumer groups.
As other regulators and regulatory bodies are considering similar issues, particularly in the EU where future Directives might include the ability for national regulators and the European Supervisory Authorities to make product interventions, they may also be interested in this consultation.
See also The FCA’s use of temporary product intervention rules