The Enhancing Financial Services Bill sits at the apex of a layered regulatory architecture. At base, the Financial Services and Markets Act 2000 establishes the FSMA model of regulation: HM Treasury sets statutory perimeters, the FCA and PRA make rules within objectives set by Parliament, and the Bank of England carries macroprudential and resolution functions. The Financial Services Act 2012 added the twin-peaks architecture and complaints regime; the Financial Services (Banking Reform) Act 2013 added the PSR, ring-fencing and SMCR; and FSMA 2023 added the revoke-and-replace machinery for assimilated EU law plus the secondary competitiveness and growth objective.
The Bill operationalises the Leeds Reforms set out by the Chancellor in 2025 and announced as a legislative programme in the King's Speech 2026 1. It is the primary-legislation companion to a large body of secondary legislation being delivered under FSMA 2023 powers — including the cryptoasset perimeter (SI 2026/102), the ORR designations framework (SI 2025/1154-equivalents and the ORR Guidance), and capital-requirements transitional provisions (SI 2026/...). Where regulator rule-making suffices, reforms are delivered through FCA/PRA policy statements (e.g. PS25/15 remuneration reform, PS24/6 Listing Rules) rather than statute.
Three doctrinal layers are particularly engaged. First, consumer protection: the Bill commits to modernising redress arrangements and FOS, building on the s.234C FSMA / s.68 FSBRA super-complaints regime (most recently used to designate Money and Mental Health Policy Institute). Second, market infrastructure: the April 2026 consultation outcome proposes consolidating the PSR into the FCA, which requires primary legislation given the PSR's statutory basis. Third, international openness: the UK/Switzerland Berne Agreement and the ORR Guidance Document constitute the post-Brexit replacement for EU equivalence — outcomes-based, regulator-advised, withdrawable by HMT.
The Bill cannot dispense with FSMA: it amends it. Practitioners should expect the Bill to grant new HMT powers, retune regulator duties (particularly around consumer redress and FOS precedent), restructure payments regulation by absorbing the PSR, and provide statutory backstop for the cryptoasset and ORR regimes that have been constructed via SI.