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The smarter regulatory framework: a model of things to come?
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The Financial Services and Markets Act 2023 (FSMA 2023) has initiated the most significant restructuring of UK financial services regulation since the enactment of the Financial Services and Markets Act 2000 (FSMA). This article argues that the so-called Smarter Regulatory Framework (SRF) has done more than replace retained EU law: it has transformed the regulatory perimeter into a more flexible policy tool. Examining developments including the Designated Activities Regime (DAR), new regulated activities and evolving approaches to territorial scope, the article explores how Parliament and HM Treasury are reshaping the architecture of financial services regulation, whilst arguing that greater flexibility must continue to be underpinned by a coherent and predictable regulatory philosophy.
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