Financial Services and Markets Bill [HL]

Lord Howard of Rising Excerpts

Committee stage
Wednesday 1st July 2026 Grand Committee

[Lord Howard of Rising (Con)]

My Lords, my Amendment 151 seeks to enable employment in the financial services industry to be made more efficient. At present, Section 55V of FSMA requires the Financial Conduct Authority to determine a complete application for Part 4A permission within six months and an incomplete application within 12 months. These statutory limits provide certainty but do not distinguish between entirely new market entrants and applicants who have previously been authorised and regulated by the FCA.

Many experienced financial services professionals have already undergone extensive regulatory scrutiny, have held approved positions within FCA-authorised firms and possess established records of compliance, integrity and competence. Despite this, when establishing a new authorised firm, they are often subject to the same authorisation timetable as applicants with no prior regulatory history. This approach can create unnecessary delays, increase costs, discourage entrepreneurship and inhibit competition within the UK financial services sector. It is also inconsistent with the Government’s broader objective of promoting growth, innovation and international competitiveness within the UK financial markets.

I propose that His Majesty’s Government consider introducing a fast-track authorisation process whereby applicants who have previously been authorised by the FCA or who have held FCA-approved senior management or controlled functions for a substantial period, have no record of serious regulatory misconduct, meet all threshold conditions and prudential requirements and submit a complete application should receive a determination from the FCA within 90 days of the application being submitted.

Such a provision would not reduce regulatory standards. It would recognise that the FCA already possesses significant information regarding the applicant’s competence, conduct, fitness and propriety. The FCA would retain full discretion to refuse applications where concerns arise, but qualifying applicants would benefit from a more proportionate and efficient regulatory process. The United Kingdom’s reputation as a leading global financial centre depends on regulation that is not only effective but efficient. A targeted, expedited process for proven and reputable applicants would help reduce barriers to market entry, encourage innovation, support economic growth and make the UK a more attractive jurisdiction in which to establish regulated businesses. It would tie in with the Government’s declared interest in reducing burdensome regulation, which impedes growth in the economy.

[Lord Stockwood (Lab)]

My Lords, I am grateful to the noble Baroness, Lady Neville-Rolfe, and the noble Lords, Lord Altrincham and Lord Holmes, for tabling these amendments on statutory deadlines for regulatory approvals. The Government agree that determining authorisations and other regulatory applications must be prompt and proportionate, while maintaining high standards, and they continue to push the regulators to be as ambitious as possible. This is why the Government are taking action to shorten a range of statutory deadlines through the Bill and, on top of this, have agreed voluntary stretch targets for the regulators to go further and faster to speed up the processing of the most crucial applications and facilitate growth. This focus is starting to pay off: for example, the FCA’s authorisation metrics for the last quarter show that the FCA determined 99.9% of senior manager applications within the existing three-month deadline, compared to 92.5% in the same quarter for 2022-23. In addition, the FCA determined 98.1% of senior manager applications within its two-month voluntary stretch target, determining 50% of authorisations within only 19 days.

Amendments 105, 106, 110, 111, 113, 114 and 115 seek to ensure that the Treasury can use the power under Clause 21 to reduce the deadlines for determining applications. The Government understand the intention behind these amendments. The Government are committed to keeping these statutory deadlines under review to ensure that they are as ambitious as possible to support firms. The intention behind this is primarily to allow certain deadlines to be shortened further if conditions change in future and the regulators can process applications faster. However, it is vital that the regulatory framework reflects the need for a robust approvals process and the high standards expected of firms operating in the UK. Limiting the Government’s ability to recalibrate the statutory deadlines in the other direction would limit our ability to react to unexpected circumstances and could risk those high standards being watered down or push the regulators to refuse more applications to ensure they are meeting their legal obligations. This is why the Government’s view is that the powers must remain flexible.

Amendments 107, 112 and 116 would oblige the Government further to shorten these statutory deadlines should the regulator meet these deadlines for two consecutive years. The Government understand the intention and ambition behind these amendments but do not agree that this is the right way to achieve it. Meeting an existing deadline for two consecutive years does not in and of itself mean that further shortening the deadline will be appropriate and could risk watering down standards. Such a ratcheting mechanism could also drive perverse behaviour, disincentivising the regulators meeting these deadlines to avoid further operational pressures. The Government’s view is that these amendments would prevent the exact outcome they are seeking to achieve.

On Amendment 109, I understand the concern that statutory deadlines are less meaningful if the FCA can repeatedly stop the clock and make rolling requests for information. The Government recognise the frustrations that firms feel when applications are paused or when they receive repeated requests for information. The noble Baroness, Lady Neville-Rolfe, asked about the proportionality of circumstances in which the FCA can indeed stop the clock. The FCA can stop the clock only in three specific circumstances under FSMA: for change of control, senior manager and appointed representative applications. This power allows the FCA fully to investigate issues that emerge only after an initial response has been received or where further clarification is needed on matters that were not reasonably identifiable at the outset. This is important for ensuring that robust standards are applied.

The Government think it is important that the regulators retain some flexibility to scrutinise senior manager applications properly. A rigid rule limiting the formal stop the clock power to a single occasion risks weakening the regulator’s ability to conduct proper scrutiny in more complex cases, which it does only on very few occasions when really necessary. It also risks encouraging broad, defensive and overly onerous initial information requests as the FCA seeks to adjust procedures to the new requirement, potentially making the process more onerous for all applications. However, I do not want to sound complacent: the Government will continue to engage with the regulators to ensure that they are processing applications as quickly as possible while maintaining standards and avoiding delays.

Financial Services and Markets Bill [HL]

Lord Howard of Rising Excerpts

2nd reading
Monday 8th June 2026 Lords Chamber

[Lord Howard of Rising (Con)]

My Lords, I declare an interest as a holder of listed shares and a director of a listed investment trust.

There is much to be commended in this proposed legislation. Any reduction in regulation and the consequential benefit on the wealth of the nation is to be applauded. I am, however, concerned about the proposed power which will enable new regulations to be introduced without scrutiny. Although introduced with the best intentions, regulations can do more harm than good—partly recognised by having the Bill in front of us today. It is not always possible to foresee the full consequences of regulation. Generally speaking, the more markets are left to themselves, the better off we all are.

An example of regulations having a negative effect is the Basel II agreement. This ruled that personal mortgages were safer than other types of lending and therefore banks would need a lower capital requirement for lending for house purchases. I will not waste your Lordships’ time with the full story—caravans in trailer parks being classed as houses and so on—but this was ultimately a major contributor to the 2008 financial crisis, brought about by a change in regulations. Because of the crisis, regulation in Great Britain was made for pension funds to invest a higher proportion of their funds into safer gilt-edged securities. The gilts gave a lower return than other types of investment. To compensate, pension funds used their gilt-edged securities as collateral to buy more gilt-edged securities to give an overall larger return—little risk as both instruments were Government-backed. Unfortunately, it slipped their minds that interest rates can go up as well as down and rising interest rates would result in losses. Interest rates did go up. Even the Bank of England’s own pension fund was caught out, as interest rates rose and its pension fund faced large losses.

With one regulation on top of another, it is not always possible to see the knock-on effect of regulations. I urge your Lordships, when taking this Bill forward, to have clearly in mind the inability of anyone to fully know what benefits or what collateral damage may result from new regulations. While flexibility may be desirable, it is very important not to delegate too much power without the ability for rule-making bodies to be questioned independently and firmly. It will not do everything, but it may put a brake on rules which impede or hamper the development and success of our financial services industry and reduce risk.