Draft Financial Services and Markets Act 2000 (Cryptoassets) Regulations 2025

Mark Garnier Excerpts

Tuesday 20th January 2026 General Committees

[Mark Garnier (Wyre Forest) (Con)]

I start by welcoming the general thrust of this incredibly important legislation. The Minister and I have sparred a number of times in the past, and so far we have managed to keep it to under five minutes; I must now apologise to the Committee, as I might take a little longer. As the Minister said, work on this piece of legislation was started under the previous Government, and it is absolutely vital for the City of London to maintain its presence as a global financial leader.

The City of London has been innovative and thought-leading for a few hundred years now. Jonathan’s Coffee House was the first to advertise share prices, from which the London Stock Exchange grew, setting the model for equity ownership the world over; similarly, Lloyd’s Coffee House created the insurance market that we see today. As new technology comes forward, it is vital that the City of London, or the UK’s financial services sector, not just adopts this new technology but leads on it, and leads on it with the intelligence and experience that we have gained over the previous centuries of legislating in this area.

As we move forward in the age of new technology, we need to legislate. This SI is possibly the best example of how we can embrace that change. Indeed, the short time that we have been given to debate this piece of legislation belies its importance and the months of consulting that lie behind it. While the Opposition are absolutely behind the thrust of the SI, we believe that it is slightly flawed in its drafting. It appears to draw together two separate things: in very simple terms, it appears to confuse cryptoassets with stablecoins.

Cryptoassets—bitcoin and the like—are commodities in the same way as a bond, a share or other commodities. They are items that are bought and sold with a view to their value changing. However, a stablecoin is an asset fully backed by a fiat currency, and thus a proxy of that underlying fiat currency. A stablecoin is part of the payment system and should be regulated as such.

I am someone who understands the principles of this legislation, but sometimes it is important to have the help of people who really get the law. I am grateful to a couple of people who have helped me to put this argument forward today, in particular Mike Ringer, who is the founder of ReStabilise, but more importantly Professor Sarah Green, who was a law commissioner for commercial and common law at the Law Commission of England and Wales from 2020 to 2024. She was responsible for the Electronic Trade Documents Act 2023 and the Property (Digital Assets etc) Act 2025.

As I have discussed, this draft legislation establishes the regulatory parameter for cryptoassets in the UK, including stablecoins. As such, what we are discussing is crucial for the delivery of HM Treasury’s often repeated policy intention for the UK to become a global hub for digital assets and blockchain technologies—something that we are 100% behind. That means that a properly drafted Bill is mission critical.

The ability of the UK to become a global leader in the digital economy, and to retain its position as a leading international financial centre, depends on the ability of this piece of legislation to set out clearly, decisively and unambiguously how it will distinguish between different types of cryptoassets. Without strong, decisive and nuanced categories, the potential for effective regulation, and therefore optimum growth, will be lost. This is not an opportunity to be squandered, yet the current drafting threatens to do just that.

The Government’s policy note that accompanied the original draft SI, published in April last year, states:

“This is a draft SI and should not be treated as final. It is being published for technical checks, such as any significant errors or oversights in the legal drafting that would mean that the provisions in this SI would not achieve the desired outcomes explained in this note, or that could lead to other significant unintended consequences.”

My goal today is to explain why an oversight in the current drafting means that the SI’s provisions do not achieve their stated aim.

Let me explain. A critical component of the successful development of digital asset markets is an effective form of digital settlement asset—that is, digital cash. There are three forms of digital cash: first, there are central bank digital currencies, or CBDCs; secondly, there are tokenised commercial bank deposits; and thirdly, there are regulated stablecoins. If the UK is to establish itself as a global hub for digital assets, it is essential that all of those can be used interchangeably with traditional fiat money, or state-backed money. For that to happen, each form needs to be regulated in a way that recognises its particular nature and function.

In the case of stablecoins, that will be achieved by regulating issuers under the new regulatory regime brought in by this legislation, which will be introduced and supervised by the Financial Conduct Authority. Also, in the case of sterling-denominated systemic stablecoins, issuers will be subject to dual regulation by the Financial Conduct Authority and the Bank of England.

In its consultation paper on its proposed regulatory regime for sterling-denominated systemic stablecoins, published in November last year, the Bank of England confirmed that the use of regulated stablecoins could lead to faster, cheaper retail and wholesale payments, with greater functionality, both at home and across borders. It therefore wants to support such a role for stablecoins as part of a “multi-money” system alongside commercial bank money, including tokenised bank deposits, so in effect they would be part of the payments system itself.

Similarly, we know that as the world progresses, capital markets, foreign exchange and asset management will increasingly be settled through digitalised blockchain technologies. For the UK to maintain its leading global position in those markets and others, it is vital that we take a leading role in adopting blockchain technologies in the payments system. Used in this way, stablecoins will bring immense benefits in terms of speed, lower costs and programmability. In other words, they are the key to growth both in our economy and in our financial services industry.

However, importantly, without a proper treatment of stablecoins that recognises the way in which the assets actually function in practice, the UK risks not only missing out on positive growth benefits but, crucially, losing ground to other jurisdictions. That ground will be difficult to recover because market provision will already have been established elsewhere, where providers can be certain of their legislative position. We will be trying to catch up where other jurisdictions will have made progress and secured their lead. With the current wording of the SI, that important lead, which provides much economic benefit to the winner, will not be here in the UK. 

The SI does not achieve what I hope we all agree we want, which is the UK to lead the way in cryptoassets, including stablecoins and the wider payments opportunity that distributive ledger technology—DLT—provides. However, the solution is simple, straightforward and easily achieved. Essentially, market participants should be able to use regulated stablecoins and tokenised commercial bank deposits in place of traditional fiat currency for the purposes I have mentioned—to make payments, settle capital markets and foreign exchange transactions, and for collateral and corporate treasury management. But crucially, they must do that without suddenly needing to apply for additional licences from the Financial Conduct Authority. If that is the effect of the SI, these new forms of money will not be used because of the unnecessary regulatory hurdle put in the way of market participants. As a result, the development of digital assets and blockchain technologies in the UK could simply grind to a halt. That will take all its growth potential with it, as well as the chance of the UK remaining the pre-eminent force in the financial world.

Unfortunately, the likely need for those additional licences is precisely the effect of the wording in the draft regulations, despite the fact that it appears to run counter to the Government’s often stated, and highly laudable, policy intention. There appears to be a simple drafting error that could be easily rectified. There is currently no defined distinction for the majority of the new regulated activities between “qualifying stablecoins” specifically and “qualifying cryptoassets” generally, which has a number of cascading and adverse effects. The most adverse is that, under the current wording, stablecoins, including those regulated by the FCA and the Bank of England, are treated in the same way as unbacked cryptoassets such as bitcoin. Given that the risk profile of those assets is starkly different from that of a fiat-pegged stablecoin, which is, crucially, simply another form of regulated money, that makes no sense. Lumping unbacked assets together with stablecoins for regulatory purposes is rather like buying a car instead of a horse, but still tying the car to a post in case it runs off. Of course, both need securing, but in ways that recognise the fundamental difference between the two.

From a practical perspective, applying the new “dealing” and “arranging” activities to regulated stablecoins has the effect of potentially requiring market participants who are seeking to use or facilitate the use of regulated stablecoins for the purposes I have mentioned to apply for new licences from the FCA, purely because they are using regulated stablecoins instead of traditional fiat money. In that world, market participants simply will not use them, and the principal benefit and advantage of stablecoins may never be realised.

The Government appear to have attempted to address the issue in the case of payments, by copying across the legacy purpose-based sale of goods and services exemption from the traditional regulatory regime, which disapplies the new “dealing” and “arranging” activities for the use of stablecoins to buy or sell goods. That does not, however, achieve the aim of exempting all those who are crucial to the stablecoin payments process. Significantly, it is not clear that it covers those who exchange fiat money for stablecoins and stablecoins for fiat money. The payments process stands and falls by the ability of users to convert the fiat currency into stablecoins and back again, yet the exemption as currently drafted is likely to deter market participants from providing those essential services because it is not clear that it applies to them.

It would be far clearer and simpler to have an exemption drafted in a way that is bespoke to stablecoins, rather than attempting to shoehorn them into a legacy definition that was not drafted with the stablecoin payment process in mind. Alternatively, an existing statutory definition could be used that accommodates the full range of payment activities, such as referring to the use of stablecoins and providing “payment services” in the way that the Payment Services Regulations 2017 do.

Equally as important is the fact that there is, in the current draft, no similar purpose-based exemption for the use of stablecoins in capital markets or foreign exchange transactions, nor in asset or corporate treasury management. Again, those would be straightforward to introduce and should be entirely uncontroversial from a policy perspective. To allow that in the legislation would provide immense benefits to the City.

A failure to make those simple and textually minor clarificatory changes would not only make it very difficult for the UK to become a global hub for digital assets and blockchain technologies, but would risk the UK losing its position as a leading international financial centre. This piece of legislation is intended to be ground-moving in terms of seizing an opportunity for our financial services industry, and it would be tragic if it were reduced to a minor tremor for the sake of simple loose drafting. Those concerns go into great detail, but we need to address them to ensure that we do not mess up a golden opportunity to get this right.

One or two other concerns have been raised with me, but I think we can talk about them at a different time. The principle behind this is something that fundamentally we are 100% behind. It is a very good policy, and it is really important that we get this right, but issues have been raised by legal experts who are cleverer than me—but probably not cleverer than the Minister, who I think started at Slaughter and May. Obviously, we are very keen to work with the Government to get this right; I was hopeful that the Minister would agree to meet me and some experts in this area to look at the drafting of this legislation to see if that is possible. We will support it if she is happy to do that, and then we can move forward, get something together and hopefully get this right. It is important that we get this right, but I would be grateful to hear the Minister’s thoughts.