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FSA Annual Report 2006/07 - Better Regulation Ltd

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Section three – Improving our business capability and effectiveness<br />

<strong>FSA</strong> <strong>Annual</strong> <strong>Report</strong> <strong>2006</strong>/<strong>07</strong><br />

43<br />

Improvements to our<br />

Authorisation and<br />

Approvals regimes<br />

Following a review of our<br />

Authorisation manual we deleted it<br />

from our Handbook. Instead we<br />

provide firms with information on<br />

the authorisation section of our<br />

website, which can be updated<br />

quickly and easily. This decision was<br />

partly influenced by our desire to<br />

maintain the competitive position of<br />

the UK financial markets. The<br />

regulatory framework, and in<br />

particular the authorisation process,<br />

is a factor in determining where<br />

firms set up business. During the<br />

year we have worked closely with<br />

several agencies: Think London, the<br />

foreign direct investment agency;<br />

The Economic Development Office<br />

of the City of London Corporation;<br />

and a number of UK trade and<br />

investment offices, particularly those<br />

in New York, Chicago, Atlanta and<br />

Mumbai, to improve international<br />

businesses’ understanding of our<br />

requirements. These discussions have<br />

contributed to overseas companies<br />

choosing to set up offices in the UK<br />

instead of other jurisdictions.<br />

In <strong>2006</strong> we published a combined<br />

Feedback Statement and<br />

Consultation Paper on proposed<br />

reforms to our Approved Persons<br />

regime, and in January and February<br />

20<strong>07</strong> we published our final Policy<br />

Statements. We have removed the<br />

requirement on firms to submit an<br />

annual significant management<br />

function report and have deleted the<br />

sole trader function. We estimate<br />

that our proposals will save firms<br />

around £3m a year in administration<br />

costs.<br />

Enforcement settlement<br />

procedures<br />

Following the outcome of our<br />

Enforcement Process Review we<br />

introduced new executive settlement<br />

procedures. <strong>2006</strong> was the first full<br />

year of using these new procedures.<br />

Settlement allows us to ensure<br />

prompt redress and remedial action,<br />

explain to industry the standards we<br />

expect and move on to focus on the<br />

next important issue. In <strong>2006</strong>/<strong>07</strong><br />

most enforcement cases were settled<br />

before reaching the Regulatory<br />

Decisions Committee – two-thirds of<br />

disciplinary cases settled and all<br />

cases involving a financial penalty<br />

settled during the first settlement<br />

phase, receiving the full 30%<br />

discount on the financial penalty.<br />

Further information on our<br />

enforcement activity can be found in<br />

Appendix Five of this <strong>Report</strong> and in<br />

the Enforcement <strong>Annual</strong><br />

Performance Account, published on<br />

our website.<br />

Fees<br />

Payment of regulatory fees and<br />

levies by instalment has continued to<br />

be popular with firms. We have<br />

advertised the availability of this<br />

payment option through our<br />

website, communications with small<br />

firms and on the invoices we issue to<br />

firms.

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