Crypto Law Profile

Financial Services and Markets Act 2023

UK statute that updates the FSMA 2000 framework, creates powers for cryptoasset regulation, supports stablecoin/payment-system oversight, and enables financial market infrastructure sandboxes. In force in stages.

United Kingdom Partially effective Act Jun 29, 2023

At a glance

Status UK Act in force in stages; crypto implementation continues through secondary legislation.
Scope Covers cryptoassets, digital settlement assets, designated activities and FMI sandboxes.
Regulators HM Treasury, FCA, Bank of England and PSR receive crypto-related powers.
Next Milestone FCA crypto authorisation application period expected Sept. 30, 2026-Feb. 28, 2027.

Overview

The Financial Services and Markets Act 2023 is a United Kingdom statute that reshapes the country’s financial-services rulebook and creates several crypto-relevant powers within the Financial Services and Markets Act 2000 framework. The Act received Royal Assent on 29 June 2023 and is being commenced in stages. For crypto markets, its main significance is not that it sets a complete standalone crypto code, but that it gives HM Treasury and UK regulators a statutory route to bring cryptoasset activities, payment stablecoins, digital settlement asset systems and certain market activities into the UK regulatory perimeter.

Key crypto provisions in the Financial Services and Markets Act 2023

Section 69 is the central cryptoasset perimeter provision. It amends FSMA 2000 so that HM Treasury’s powers over financial promotions and regulated activities can be used for cryptoassets. It also inserts a cryptoasset definition into FSMA 2000 and gives HM Treasury a power to amend that definition by affirmative statutory instrument. This allows future secondary legislation to specify cryptoasset activities under the existing UK financial-services architecture rather than relying only on anti-money laundering registration.

The Act also creates a statutory foundation for digital settlement assets. The explanatory notes describe a digital settlement asset as a digital representation of value or rights that can be used to settle payment obligations, can be transferred, stored or traded electronically, and uses technology supporting the recording or storage of data. The Act enables HM Treasury, the Financial Conduct Authority, the Bank of England and the Payment Systems Regulator to supervise payment systems and service providers using such assets, including stablecoin arrangements that may become systemically important.

Regulatory perimeter, stablecoins and market activity

The wider structure of the Act is designed to move the UK from retained EU financial-services law toward a domestic FSMA model. Under that model, Parliament sets the statutory architecture, HM Treasury defines the perimeter through secondary legislation, and regulators write detailed rules. The Designated Activities Regime allows HM Treasury to designate certain financial-market activities and empower the FCA to make rules for those activities, including where the activity relates to cryptoassets.

The Act also supports financial market infrastructure sandboxes. These sandboxes are intended to let regulators test temporary modifications to legislation for trading, settlement and related market infrastructure functions, including uses of distributed ledger technology. For a crypto law profile, this is relevant to tokenization and digital securities infrastructure, not only retail token trading.

Status and implementation timeline

As of 17 June 2026, the Act should be treated as partially effective for CryptoSlate tracking purposes because it is in force in stages and some implementing measures continue to depend on secondary legislation and regulator rulemaking. UK Parliament records Royal Assent on 29 June 2023. HM Treasury’s Royal Assent announcement said the Act enables cryptoasset regulation and establishes sandboxes for technologies such as blockchain. The first commencement regulations were made in July 2023, and official legislation records list section 69 among the provisions brought forward under those regulations.

The next major crypto implementation layer is the Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2026. Those regulations were made on 4 February 2026 and establish a broader FSMA-based regime for certain cryptoasset activities. The FCA says the new cryptoasset regime is expected to come into force on 25 October 2027. The FCA also states that firms wishing to undertake new cryptoasset regulated activities will need FSMA authorisation or a variation of permission, and that the expected application period will run from 30 September 2026 to 28 February 2027.

Why the Act matters for UK crypto regulation

FSMA 2023 is best understood as enabling legislation. It creates the legal scaffolding for the UK to regulate cryptoassets through the existing financial-services perimeter, while leaving much of the operative detail to statutory instruments and regulator rules. Its crypto relevance spans financial promotions, regulated activities, stablecoin payment systems, designated activity rules, tokenized market infrastructure and future FCA supervision. Editors should distinguish this Act from later instruments, especially the 2026 Cryptoassets Regulations, which implement more specific obligations for firms.

Key provisions

Cryptoasset perimeter power

Section 69 enables HM Treasury to use FSMA financial-promotion and regulated-activity powers for cryptoassets and creates a FSMA cryptoasset definition.

Regulatory perimeter Aug 29, 2023 Source

Digital settlement assets

Creates powers for FCA, Bank of England and PSR oversight of payment systems and service providers using digital settlement assets, including stablecoins.

Stablecoins Aug 29, 2023 Source

Designated Activities Regime

Creates a regime for HM Treasury to designate market activities and empower FCA rules, including activities connected with cryptoassets.

Market activity Aug 29, 2023 Source

Financial market infrastructure sandboxes

Allows temporary FMI sandboxes to test legislative modifications for trading, settlement and related functions, including DLT-based infrastructure.

Tokenization Aug 29, 2023 Source

Future cryptoasset implementation

Later SI 2026/102 uses FSMA powers to create a broader cryptoasset regime, with full commencement expected on Oct. 25, 2027.

Implementation Oct 25, 2027 Source

Timeline

  1. Bill introduced

    Financial Services and Markets Bill introduced in the House of Commons.

    Introduced Source
  2. Royal Assent

    Bill received Royal Assent and became the Financial Services and Markets Act 2023.

    Enacted Source
  3. Commencement No. 1 made

    First commencement regulations made, setting staged operative dates for Act provisions.

    Enacted Source
  4. Crypto perimeter powers commenced

    Commencement No. 1 brought section 69 cryptoasset provisions into force.

    Partially effective Source
  5. Cryptoassets Regulations 2026 made

    SI 2026/102 made to implement a broader FSMA cryptoasset regime.

    Enacted Source

Who it affects

Actors

Bank of England, Financial Conduct Authority, HM Treasury, Payment Systems Regulator

Asset classes

Cryptoassets, Digital settlement assets, Stablecoins

Official sources

Editorial note

Profile focuses on crypto-relevant powers in FSMA 2023, not the Act’s full financial-services reforms.