4 Ring-fencing of certain activities

4  Ring-fencing of certain activities

(1)     After Part 9A of FSMA 2000 insert—

“Part 9B
Ring-fencing

Introductory

142A “Ring-fenced body”

(1)     In this Act “ring-fenced body” means a UK institution which carries on one or more core activities (see section 142B) in relation to which it has a Part 4A permission.

(2)     But “ring-fenced body” does not include—

(a)     a building society within the meaning of the Building Societies Act 1986, or

(b)     a UK institution of a class exempted by order made by the Treasury.

(3)     An order under subsection (2)(b) may be made in relation to a class of UK institution only if the Treasury are of the opinion that the exemption conferred by the order would not be likely to have a significant adverse effect on the continuity of the provision in the United Kingdom of core services.

(4)     Subject to that, in deciding whether and, if so, how to exercise their powers under subsection (2)(b), the Treasury must have regard to the desirability of minimising any adverse effect that the ring-fencing provisions might be expected to have on competition in the market for services provided in the course of carrying on core activities, including any

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