FEES 7

CFEB levies

FEES 7.1

Application and Purpose

Application

FEES 7.1.1

See Notes

handbook-rule
This chapter applies to every person listed in FEES 1.1.2R (5).

Purpose

FEES 7.1.2

See Notes

handbook-guidance
The purpose of this chapter is to set out the requirements on the persons listed in FEES 7.1.1 R to pay annual CFEB levies in order to establish and fund the CFEB.

FEES 7.1.3

See Notes

handbook-guidance
Section 6A(1) of the Act (Enhancing public understanding of financial matters etc) requires the FSA to establish the CFEB in order to enhance:
(1) the understanding and knowledge of members of the public of financial matters (including the UK financial system); and
(2) the ability of members of the public to manage their own financial affairs.

FEES 7.1.4

See Notes

handbook-guidance
Paragraph 12(1) of Part 2 of Schedule 1A to the Act enables the FSA to make rules requiring certain authorised persons or payment service providers or electronic money issuers to pay to the FSA specified amounts or amounts calculated in a specified way in order to meet a proportion of:
(1) the expenses incurred by the FSA in establishing the CFEB, whenever these were incurred; and
(2) the expenses incurred, or expected to be incurred, by the CFEB in connection with the discharge of the functions described in FEES 7.1.3 G.

FEES 7.1.5

See Notes

handbook-guidance
FEES 7 sets out the rules referred to in FEES 7.1.4 G.

FEES 7.1.6

See Notes

handbook-guidance
The FSA must have regard to other anticipated sources of funding of the costs described in FEES 7.1.4 G when setting the CFEB levy.

FEES 7.1.7

See Notes

handbook-guidance
The amounts to be paid under the CFEB levy may include a component to cover the FSA's expenses in collecting the payments.

FEES 7.1.8

See Notes

handbook-guidance
The FSA must pay to the CFEB the amounts that it receives under the CFEB levy apart from amounts in respect of its collection costs (which it may keep).

FEES 7.1.9

See Notes

handbook-guidance
Paragraph 7(1) of Part 1 of Schedule 1A to the Act requires the CFEB to adopt an annual budget which has been approved by the FSA.

FEES 7.1.10

See Notes

handbook-guidance
This chapter sets out the method by which the CFEB levy will be calculated. Details of the actual levy payable will vary from year to year, depending on the CFEB's annual budget. These details are set out in FEES 7 Annex 1. New details will be prepared and consulted on for each financial year.

Exemption

FEES 7.1.11

See Notes

handbook-guidance
A firm is not liable to pay a CFEB levy in relation to payment services or electronic money issuance if it is the Bank of England, a government department, a local authority, a municipal bank or the National Savings Bank.

FEES 7.2

The CFEB levy

Obligation to pay CFEB levy

FEES 7.2.1

See Notes

handbook-rule
A firm must pay each CFEB levy applicable to it:
(1) in full and without deduction (unless permitted or required by a provision in FEES); and
(2) in accordance with the provisions of FEES 4.3.6 R as modified by FEES 7.2.1A R.

FEES 7.2.1A

See Notes

handbook-rule
(1) For the purposes of FEES 7.2.1R (2), FEES 4.3.6R (1), as applied by FEES 7.2.8 R, is modified so that if a firm's periodic fees for the previous financial year was at least 50,000, the firm must pay:
(a) an amount equal to 50% of the CFEB levy payable for the previous year, by 30 April in the financial year to which the sum due under FEES 7.2.1 R relates; and
(b) the balance of the CFEB levy due for the current financial year by 1 September in the financial year to which that sum relates.
(2) For the purposes of FEES 7.2.1R (2), FEES 4.3.6R (2), as applied by FEES 7.2.8 R, is modified so that if the firm's periodic fee for the previous financial year was less than 50,000, the firm must pay its CFEB levy in full by 1 July in the financial year to which that sum relates.

Calculation of CFEB levy

FEES 7.2.2

See Notes

handbook-rule
The CFEB levy is calculated as follows:
(1) identify each of the activity groups set out in Part 1 of FEES 7 Annex 1 that apply to the business of the firm for the relevant period (for this purpose, the activity groups are defined in accordance with Part 1 of FEES 4 Annex 1);
(2) for each of those activity groups, calculate the amount payable in the way set out in FEES 7.2.3 R;
(3) add the amounts calculated under (2);
(4) work out whether a minimum fee is payable under Part 2 of FEES 7 Annex 1 and if so how much;
(5) add together the amounts calculated under (3) and (4);
(6) modify the result as indicated by the table in FEES 4.2.6 R and FEES 4.2.7 R (if applicable);
(7) apply any applicable payment charge specified in FEES 4.2.4 R to the amount in (6), provided that:
(a) for payment by direct debit, successful collection of the amount due is made at the first attempt by the FSA; or
(b) for payment by credit transfer, the amount due is received by the FSA on or before the due date;
(8) make the calculations using information obtained in accordance with FEES 4.4.

FEES 7.2.3

See Notes

handbook-rule
The amount payable by a firm with respect to a particular activity group is calculated as follows:
(1) calculate the size of the firm's tariff base for that activity group using the tariff base calculations in Part 2 of FEES 4 Annex 1 and Part 3 of FEES 4 Annex 11 and the valuation date requirements in Part 3 of FEES 4 Annex 1 and Part 3 of FEES 4 Annex 11;
(2) use the figure in (1) to calculate which of the bands set out in column 2 of the table in Part 1 of FEES 7 Annex 1 the firm falls into;
(3) add together the fixed sums, as set out in column 3 of the table in Part 1 of FEES 7 Annex 1, applicable to each band identified under (2);
(4) the amount in (3) is the amount payable by the firm with respect to that activity group.

FEES 7.2.4

See Notes

handbook-rule
For the purposes of FEES 7.2.3 R:
(1) a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:
(a) it has reasonable grounds for believing that the costs of identifying the firm's UK business separately from its non-UK business in the way described in Part 2 of FEES 4 Annex 1 and Part 1 of FEES 4 Annex 11 are disproportionate to the difference in fees payable; and
(b) it notifies the FSA in writing at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated), or, if earlier, at the time it pays the fees concerned;
(2) for a firm which has not complied with FEES 4.4.2 R (Information on which fees are calculated) or FEES 4.4.8 D (Information relating to payment services and the issuance of electronic money) for this period, the CFEB levy is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10.

FEES 7.2.5

See Notes

handbook-rule
The modifications in Part 3 of FEES 4 Annex 2 and Part 7 of FEES 4 Annex 11 apply.

Amount payable by the Society of Lloyds

FEES 7.2.6

See Notes

handbook-rule
The CFEB levy in relation to the Society is specified against its activity group in Part 1 of FEES 7 Annex 1.

FEES 4 rules incorporated into FEES 7 by cross-reference

FEES 7.2.7

See Notes

handbook-guidance
The Handbook provisions relating to the CFEB levy are meant to follow closely the provisions relating to the payment of periodic fees under FEES 4.3.1 R In the interests of brevity, not all of these provisions are set out again in FEES 7. In some cases, certain FEES 4 rules are applied to the payment of the CFEB levy by individual rules in FEES 7. The rest are set out in the table in FEES 7.2.9 R.

FEES 7.2.8

See Notes

handbook-rule
The rules set out in the table in FEES 7.2.9 R and any other rules in FEES 4 included in FEES 7 by cross-reference apply to the CFEB levy in the same way as they apply to periodic fees payable under FEES 4.3.1 R.

FEES 7.2.9

See Notes

handbook-rule
Table of rules in FEES 4 that also apply to FEES 7

FEES 7.2.9A

See Notes

handbook-directions
FEES 4.4.7 D to FEES 4.4.9 D (Information relating to payment services and the issuance of electronic money) also apply to FEES 7.

FEES 7.2.10

See Notes

handbook-guidance
References in a FEES 4 rule incorporated into FEES 7 by cross-reference to a periodic fee should be read as being to the CFEB levy. References in a FEES 4 rule incorporated into FEES 7 to market operators, service companies, MTF operators, investment exchanges, clearing houses, designated professional bodies or Solvency 2 Implementation fees, Solvency 2 Implementation Flat fees, Solvency 2 Special Project fees and Solvency 2 Special Project Flat fees should be disregarded.

FEES 7.2.11

See Notes

handbook-guidance
In some cases, a FEES 4 rule incorporated into FEES 7 in the manner set out in FEES 7.2.7 G will refer to another rule in FEES 4 that has not been individually incorporated into FEES 7. Such a reference should be read as being to the corresponding provision in FEES 7. The main examples are set out in FEES 7.2.12 G.

FEES 7.2.12

See Notes

handbook-guidance

FEES 7 Annex 1

CFEB levies for the period from 1 April 2011 to 31 March 2012

Part 1

See Notes

handbook-rule
This table shows the CFEB levies applicable to each activity group (fee-block)