Regulations and Challenges in the UK 179
partnerships, individuals and unincorporated associations are permitted by
the FSA to carry on those financial activities that are subject to regulation.
Under Section 19 of the FSMA, any person who carries on a regulated
activity in the UK must be authorized by the FSA, or exempt. A breach of
this section may be considered a criminal offence.
Regulated activities
Activities that are subject to regulation are specified in the FSMA(Regulated
Activities)Order,2001(RAO).Examplesincludeacceptingdeposits,effecting
or carrying out contracts of insurance and advising on investments.
Before the FSA was established as the single financial regulator in the
UK, several separate regulators oversaw different financial markets. The
Bank of England, for example, was responsible for supervising banks under
the Banking Act, 1987 and the Securities and Investment Board was
responsible, under the 1986 Financial Services Act, for investment regula-
tion, which was carried out by several self-regulatory organizations.
However, under the FSMA, and subject to any specific restrictions, firms
now seek a scope of permission from the FSA to be authorized for the full
range of regulated activitiesthey wish to undertake.
Most of the Islamic applications the FSA has received so far have been to
establish Islamic banks. Banking itself is not a defined regulated activity;
rather, the generally understood meaning is an entity which undertakes the
regulated activity of “accepting deposits” (and is not a credit union, building
society, friendly society or insurance company). As defined by the RAO, this
covers money received by way of deposit lent to others or any other activity
of the person accepting the deposit which is financed, wholly or to any
material extent, out of the capitalof or interest on money received by
way of deposit. This activity warrants classification as a credit institution
under the EU Banking Consolidation Directive, and firms undertaking it
are subject to the appropriate capital requirements. A firm claiming to be a
bank will therefore be expected to seek this activity within the scope of its
permission.
Non-discriminatory regime
All financial institutions authorized by the FSA and operating in the UK, or
seeking to do so, are subject to the same standards. This is true regardless
of their country of origin, the sectors in which they wish to specialize, or
their religious principles. This approach is fully consistent with the FSMA’s
six Principles of Good Regulation, in particular, facilitating innovation and
avoiding unnecessary barriers to entry or expansion within the financial
markets.
There is, therefore, a “level playing field” in dealing with applications
from conventional and Islamic firms. The FSA is happy to see Islamic finance
