On 26 February 2024, a draft statutory instrument (SI) – the Financial Services and Markets Act 2023 (Disapplication or Modification of Financial Regulator Rules in Individual Cases) Regulations 2024 – was published on legislation.gov.uk, along with a draft explanatory memorandum.
One of the tools introduced by Financial Services Markets Act 2023 (FSMA 2023) is new section 138BA of the Financial Services and Markets Act 2000 (FSMA), which provides a power for HM Treasury to make regulations to grant the financial services regulators the ability to disapply or modify rules made by the regulators under FSMA.
The draft SI, which would be made using HM Treasury’s new power under section 138BA of FSMA:
Once finalised, the draft SI is intended to come into force on 30 June 2024.

