The Financial Services and Markets Act 2023 (Commencement No. 10 and Saving Provisions) Regulations 2025
These regulations, made under the Financial Services and Markets Act 2023, establish commencement dates for various provisions, primarily related to the revocation of assimilated EU law.
Specific sections of the Act in relation to financial market regulations and their associated rules come into force in phases, from July 15, 2025, through January 1, 2026.
The regulations also include crucial saving provisions to ensure ongoing validity of existing permissions and applications despite the revocations.
Arguments For
Intended benefits: The phased implementation of the Financial Services and Markets Act 2023 allows for a managed transition while minimizing disruption to the financial services industry.
Evidence cited: The regulations cite specific sections and schedules of the FSMA and refer to previous regulations and directives to justify the actions carried out.
Implementation methods: The specified commencement dates ensure clarity and predictability for financial institutions.
Legal/historical basis: The regulations are made under the authority of the Financial Services and Markets Act 2023, providing the legal underpinning for the commencement dates.
Arguments Against
Potential impacts: The revocation of previous regulations and directives might introduce unforeseen consequences or challenges for some stakeholders.
Implementation challenges: A complex legislative framework may lead to difficulties for some financial institutions in adapting in time and understanding relevant changes.
Alternative approaches: Although the phased approach is chosen, alternative approaches such as simultaneous implementation might have been preferable for some objectives.
Unintended effects: The removal of several laws might have potential knock-on effects on other related areas of legislation that were not explicitly considered.
- Citation and interpretation (1) These Regulations may be cited as the Financial Services and Markets Act 2023 (Commencement No. 10 and Saving Provisions) Regulations 2025. (2) In these Regulations, “the Capital Requirements Regulation” has the meaning given in regulation 4(b).
This section provides the title and citation for these regulations, which are officially named the Financial Services and Markets Act 2023 (Commencement No. 10 and Saving Provisions) Regulations 2025.
It also defines the term "the Capital Requirements Regulation", leaving the actual definition to another part of these documents.
- Provisions coming into force on 15th July 2025 The following provision of the Financial Services and Markets Act 2023 come into force on 15th July 2025— (a) section 1(1) (revocation of assimilated law relating to financial services and markets), so far as it relates to the provision in paragraph (b) of this regulation; (b) in Part 1 (assimilated direct principal legislation) of Schedule 1 (revocation of assimilated law relating to financial services), the revocation of Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment.
This section states that on July 15th, 2025, two sections of the Financial Services and Markets Act 2023 will come into effect.
The first is section 1(1), which revokes certain EU financial regulations, specifically those detailed in paragraph (b).
Paragraph (b) targets Regulation (EU) 2020/852, specifically repealing it from the UK legal framework.
- Provisions coming into force on 28th November 2025 The following provisions of the Financial Services and Markets Act 2023 come into force on 28th November 2025— (a) section 1(1), so far as it relates to the provisions in paragraph (b) of this regulation; (b) in Part 2 (subordinate legislation) of Schedule 1, the revocation of— (i) the Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019 (ii) the Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020.
This section specifies that on November 28th, 2025, some further provisions of the Financial Services and Markets Act 2023, will be enacted.
Similar to regulation 2, section 1(1) takes effect again, this time for other regulations stated in paragraph (b).
Paragraph (b) focuses particularly on repealing two sets of UK regulations dealing with equivalence determinations for financial services post-Brexit.
- Provisions coming into force on 1st January 2026 The following provisions of the Financial Services and Markets Act 2023 come into force on 1st January 2026— (a) section 1(1) so far as it relates to the provisions in paragraphs (b) and (c); (b) in Part 1 of Schedule 1, the revocation of the following provisions of Regulation (EU) No575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No648/2012 (“the Capital Requirements Regulation”)— (i) Article 6(1a) (general principles) (ii) Article 11(3a) (general treatment) (iii) Article 12a (consolidated calculation for G-SIIs with multiple resolution entities) (iv) in Article 18(1) (methods of prudential consolidation) the words from “For the purposes of Article 11(3a)” to “relevant resolution groups” (v) Articles 25 (tier 1 capital) to 35 (unrealised gains and losses measured at fair value) (vi) Articles 37 (deduction of intangible assets) to 47 (deduction of holdings of Common Equity Tier 1 instruments where an institution has a significant investment in a financial sector entity) (vii) Article 47a(1) and (2) (non-performing exposures) (viii) Articles 47c (deduction for non-performing exposures) to 79a (assessment of compliance with the conditions for own funds and eligible liabilities instruments) (ix) in Article 81 (minority interests that qualify for inclusion in consolidated Common Equity Tier 1 capital)— (aa) paragraph 1(a)(i) to (iic), (b) and (c) (bb) paragraph 2 (x) in Article 82 (Qualifying Additional Tier 1, Tier 1, Tier 2 capital and qualifying own funds), points (a)(i) to (iic), (b) and (c) (xi) Articles 83 (Qualifying Additional Tier 1 and Tier 2 capital issued by a special purpose entity) to 91 (exceptions) (xii) Article 92a (requirements for own funds and eligible liabilities for G-SIIs) (xiii) Article 466 (first time application of International Financial Reporting Standards) (xiv) Article 468 (temporary treatment of unrealised gains and losses measured at fair value through other comprehensive income in view of the COVID-19 pandemic) (xv) Article 469a (derogation from deductions from Common Equity Tier 1 items for non-performing exposures) (xvi) Article 471 (exemption from deduction of equity holdings in insurance companies from Common Equity Tier 1 items) (xvii) Articles 473 (introduction of amendments to IAS 19) to 474 (deductions from Additional Tier 1 items) (xviii) Article 476 (deductions from Tier 2 items) (xix) Article 479 (recognition in consolidated Common Equity Tier 1 capital of instruments and items that do not qualify as minority interests) (xx) Article 480 (recognition in consolidated own funds of minority interests and qualifying Additional Tier 1 and Tier 2 capital) (xxi) Articles 482 (scope of application for derivatives transactions with pension funds) to 491 (effective maturity) (xxii) Articles 494 (transitional provisions concerning the requirement for own funds and eligible liabilities) to 494b (grandfathering of own funds instruments and eligible liabilities instruments) (c) in Part 3 (EU tertiary legislation etc.) of Schedule 1 (revocation of assimilated law relating to financial services), the revocation of the following instruments— (i) Commission Delegated Regulation (EU) 2016/1450 of 23 May 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the criteria relating to the methodology for setting the minimum requirement for own funds and eligible liabilities (ii) Commission Implementing Regulation (EU) 2016/1800 of 11 October 2016 laying down implementing technical standards with regard to the allocation of credit assessments of external credit assessment institutions to an objective scale of credit quality steps in accordance with Directive 2009/138/EC of the European Parliament and of the Council (iii) Commission Implementing Regulation (EU) 2016/1801 of 11 October 2016 on laying down implementing technical standards with regard to the mapping of credit assessments of external credit assessment institutions for securitisation in accordance with Regulation (EU) No575/2013 of the European Parliament and of the Council.
This regulation outlines the provisions of the Financial Services and Markets Act 2023 coming into force on January 1st, 2026.
It specifies that section 1(1) applies to items in paragraphs (b) and (c).
Paragraph (b) details the revocation of various articles from Regulation (EU) No 575/2013 (the Capital Requirements Regulation), concerning prudential requirements for credit institutions and investment firms.
Paragraph (c) lists three EU Commission Regulations that are also being repealed by this Act.
- Saving provision relating to equivalence directions, regulatory decisions and applications (1) The directions, decisions, and applications specified in paragraph (2) continue to have the same effect as they had immediately before the revocation brought into force by regulation 3. (2) The directions, decisions, and applications specified for the purposes of paragraph (1) are — (a) an equivalence direction of the kind referred to in regulation 8(1) of S.I. 2020/1055 (b) a regulatory decision of the kind referred to in regulation 8(2) of those Regulations (c) an application of the kind referred to in regulation 8(3) of those Regulations.
This section offers a protective measure to maintain the legal standing of existing "equivalence directions, regulatory decisions and applications" that existed before the revocation of regulations in regulation 3.
This clause ensures these legal actions remain active and valid, irrespective of those regulations repeal.
- Saving provision for permissions granted under the Capital Requirements Regulation Despite the revocations brought into force by regulation 4, any permission granted by the PRA under the following provisions of the Capital Requirements Regulation at any time before 1st January 2026, has effect, on and after 1st January 2026, as if granted under section 138BA (disapplication or modification of rules in individual cases) of FSMA 2000— (a) Article 26(3) (b) Article 31(1) (c) Article 41(1) (d) Article 73(1) (e) Article 76(2) (f) Article 77(1) (g) Article 78(1).
This provision protects permissions granted before January 1st, 2026, under the Capital Requirements Regulation.
These permissions continue to be valid after this date, treated as if they were granted under a different section (section 138BA) of the FSMA 2000.
This prevents disruption to ongoing permissions granted from these previous regulations.
Jeff Smith Taiwo Owatemi Two of the Lords Commissioners of His Majesty's Treasury 14th July 2025
This is the signature block of the document, showing the signatories as two Lords Commissioners of His Majesty's Treasury and the date of signing.