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(b) a decision notice given in accordance with section 386(1) in connection with that requirement.”; 

(g) section 393 (third party rights) applies; 

(h) section 394 (access to FCA or PRA material) applies. 

(9) In Part 27 (offences)— 

(a) section 398 (misleading FCA or PRA: residual cases) applies; 

(b) section 401 (proceedings for offences) applies as if subsection (3) were omitted; 

(c) section 403 (jurisdiction and procedure in respect of offences) applies as if in subsection (4), paragraphs (b) and (c) were omitted. 

(10) In Part 28 (miscellaneous)— 

(a) section 404C (enforcement) applies; 

(b) section 413 (protected items) applies; 

(c) section 415B (consultation in relation to taking certain enforcement action) applies. 

(11) In Part 29 (interpretation) section 417 (definitions) applies as if after subsection (4), there were inserted— 

“(5) In this Act, references to this Act, a Part or any provision of this Act, is a reference to this Act as applied by the Civil Liability Act 2018 (Financial Conduct Authority) (Whiplash) Regulations 2021.”. 

19th May 2021 

(This note is not part of the Regulations) 

James Morris Maggie Throup Two of the Lords Commissioners of Her Majesty’s Treasury 

## EXPLANATORY NOTE 

This instrument enables the Financial Conduct Authority (“FCA”) to use its supervisory and enforcement powers under the Financial Services and Markets Act 2000 (c. 8) in order to monitor and enforce compliance with the requirements of section 6 of the Civil Liability Act 2018 (c. 29). It also enables the FCA to impose financial penalties and charge fees in respect of fulfilling its functions under the Civil Liability Act 2018. 

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. 

£4.90 

http://www.legislation.gov.uk/id/uksi/2021/594 

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