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FCA warns government that Treasury intervention in regulatory rulemaking will undermine its independence and impact markets

Link(s):Government confirms regulatory ‘call in’ power amendment to be delayed – Committees – UK Parliament
Don’t bring in ‘political rulemaking’, markets watchdog warns UK government | Reuters
Treasury Committee: Work of the Financial Conduct Authority, HC 142

Context

Following a Treasury proposal in its Financial Services and Markets Bill, to include a power that would enable it to “direct a regulator to make, amend or revoke rules”, the FCA has warned that allowing further government interference in regulation could compromise its independence, impacting the UK financial markets.

Key points to note

The FCA’s CEO Nikhil Rathi told the Treasury Select Committee that, in areas like enforcement, it would be a “very big departure for there to be political rulemaking.”

FCA acting chair Richard Lloyd told lawmakers that, even if the Treasury used the proposed power sparingly, it would undermine the FCA’s independence and hit the international competitiveness of UK financial markets; “the perception of erosion of our independence will happen very rapidly,” Lloyd told the committee.

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