Rulemaking Powers
On 1 January 2024 the Bank was given a number of new powers, matched by an appropriately enhanced transparency and accountability regime, in its role as the UK’s regulator for central counterparties (CCPs) and central securities depositories (CSDs) by the Financial Services and Markets Act 2000 (the Act) as amended by the Financial Services and Markets Act 2023 (FSMA 2023).
In particular, FSMA 2023 introduced a power to enable the Bank to replace repealed firm-facing requirements contained in retained EU legislation with its own rules. This complements the existing power to make codes of practice for payment systems. Our approach to the repeal and replace of retained EU legislation into Bank rules will be based, first and foremost, on our commitment to holding FMIs to the highest standards, in accordance with the PFMIs, as well as other relevant international standards.
The Bank is required to carry out Cost Benefit Analysis (CBA) when making new rules for CCPs and CSDs, and has published a Statement of Policy [link] setting out its approach. This explains how the Bank estimates costs and benefits as part of its policymaking process, and the role of regulation of CCPs and CSDs in ensuring the stability of the UK’s financial system. Supported by the CBA Panel, CBA enhances the transparency of our policymaking and our accountability and helps us make better policy.