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by Munro Research

Financial Services (Duty of Care) Bill [HL]


Official Summary

A Bill to require the Financial Conduct Authority to make rules for authorised persons to owe a duty of care to consumers in their regulated activities

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Overview

This bill mandates the Financial Conduct Authority (FCA) to establish rules ensuring financial services providers owe a duty of care to their customers. This means firms will be legally obligated to act with reasonable care and skill when offering financial products or services.

Description

The Financial Services Duty of Care Bill amends the Financial Services and Markets Act 2000. It compels the FCA to create regulations implementing a duty of care for authorized financial institutions towards consumers in their regulated activities. The definition of "duty of care" is specified as the obligation to exercise reasonable care and skill when providing a product or service, with "consumer" defined as per the Consumer Rights Act 2015. The FCA is required to introduce these rules within six months of the bill becoming law.

Government Spending

The bill doesn't directly specify government spending. The cost will likely relate to the FCA's implementation of the new regulations, including rulemaking, enforcement, and potential administrative overheads. No specific figures are provided in the bill itself.

Groups Affected

  • Financial institutions: Authorized persons (banks, investment firms, insurance companies, etc.) will face increased regulatory obligations and potential legal liabilities for negligence.
  • Consumers: Will receive enhanced legal protection against negligence by financial service providers.
  • FCA: Will be responsible for creating and enforcing the new regulations, adding to their workload and resources required.
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