The Banking Consolidation Directive (Consequential Amendments) Regulations 2000

Amendment of the Financial Services and Markets Act 2000

8.—(1) The Financial Services and Markets Act 2000(1) is amended as follows.

(2) In section 203(10), in the definition of “listed activity”, for “the Annex to the second banking co-ordination directive” there is substituted “Annex 1 to the banking consolidation directive”.

(3) In section 405(5)(b), for “Article 9(4) of the second banking co-ordination directive;” there is substituted “Article 23(5) of the banking consolidation directive;”.

(4) In section 425(1)(a), for ““second banking co-ordination directive”” there is substituted ““banking consolidation directive””.

(5) In Schedule 3:

(a) in paragraph 1, for sub-paragraphs (a) and (b) there is substituted:

“(a) the banking consolidation directive;”;

(b) for paragraph 2 there is substituted:

“2.   “The banking consolidation directive” means Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions;”;

(c) in paragraph 5:

(i) for sub-paragraph (b) there is substituted:

“(b) a credit institution (as defined in Article 1 of the banking consolidation directive) which is authorised (within the meaning of Article 1) by its home state regulator;”; and

(ii) for sub-paragraph (c) there is substituted:

“(c) a financial institution (as defined in Article 1 of the banking consolidation directive) which is a subsidiary of the kind mentioned in Article 19 and which fulfils the conditions in Articles 18 and 19; or”;

(d) in paragraph 19(6), for “second banking coordination directive” there is substituted “banking consolidation directive”;

(e) in paragraph 20(3), for “a banking co-ordination directive” there is substituted “the banking consolidation directive”; and

(f) in paragraph 24(1)(b), for “Article 18.2 of the second banking co-ordination directive” there is substituted “Article 19 of the banking consolidation directive”.

(6) In paragraph 20 of Schedule 11:

(a) in sub-paragraph (4), for “Council Directive No 77/780/EEC” there is substituted “the banking consolidation directive”; and

(b) in sub-paragraph (5), for “Council Directive No 89/646/EEC” there is substituted “the banking consolidation directive”.

(1)

2000 c. 8.