FCA launches consultation on changes to its FSCS rules and invites discussion on future funding of the scheme

The FSCS is the UK’s statutory compensation scheme of last resort, which can step in when an authorised financial services firm is unable, or likely to be unable, to pay claims against it. Firms from across the financial services industry pay levies to fund both the FSCS’s operating costs and the compensation it pays out.

The rules for the FSCS were last reviewed in March 2013 when the Financial Services Authority concluded a review of the scheme’s funding and published final rules. Since then, the scale and impact of FSCS levies has risen sharply for some firms.

Christopher Woolard, Executive Director of Strategy and Competition at the FCA said:

“The Financial Services Compensation Scheme plays a vital role in ensuring consumer confidence in financial services.

“We want to ensure protection for consumers and fairness for firms that pay for the compensation. We want to have a full debate with all interested stakeholders and this paper sets out the range of fundamental issues we want to discuss.”

The FCA is inviting responses on a number of options for changing both the funding of the FSCS and the coverage it provides to consumers. These options include:

• asking for feedback on the professional indemnity insurance (PII) market and the coverage that it provides - the FCA is considering proposals to make PII more effective through the introduction of mandatory terms
• introducing product provider contributions towards intermediation claims
• changing the FSCS funding classes for intermediation activities
• updating limits on consumer coverage in light of the pension freedoms
• exploring the potential for FSCS levies to better reflect the risks posed by particular practices

The FCA is also consulting on a number of specific proposals to change rules affecting the scope and operation of FSCS funding, including:

• amending payment arrangements so that firms may be asked to pay a proportion of the levy on account
• introducing FSCS coverage for debt management firms
• extending coverage in respect of fund management
• applying FSCS protection to advice and intermediation of structured deposits
• ensuring that FCA rules include Lloyd’s of London appropriately, in circumstances where they could be called on to contribute

The FCA is asking for responses to its Consultation Paper by 31 March 2017 before publishing final rules and a further Consultation Paper on proposed rule changes in Autumn 2017.

Notes to editors

1. Reviewing the funding of the Financial Services Compensation Scheme (FSCS) Consultation Paper (CP16/42)[1].
2. In March 2013, the Financial Services Authority concluded a review of FSCS funding and published final rules[2].
3. On 1 April 2013, the FCA became responsible for the conduct supervision of all regulated financial firms and the prudential supervision of those not supervised by the Prudential Regulation Authority (PRA).
4. The FCA has an overarching strategic objective of ensuring the relevant markets function well. To support this it has three operational objectives: to secure an appropriate degree of protection for consumers; to protect and enhance the integrity of the UK financial system; and to promote effective competition in the interests of consumers.
5. Find out more information about the FCA[3].