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The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013
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- UK Statutory Instruments
- 2013 No. 419
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- 01/04/2013- Amendment
- 22/07/2013- Amendment
- 10/01/2015- Amendment
- 03/12/2015- Amendment
- 01/01/2018- Amendment
- 27/02/2018- Amendment
- 01/03/2018- Amendment
- 28/06/2018- Amendment
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- 01/01/2019- Amendment
- 23/03/2019- Amendment
- 21/07/2019- Amendment
- 30/10/2019- Amendment
- 27/02/2020- Amendment
- 30/06/2020- Amendment
- 31/12/2020- Amendment
- 22/04/2021- Amendment
- 01/01/2023- Amendment
- 01/01/2024- Amendment
- 30/01/2024- Amendment
Changes to legislation:
The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013, Section 1 is up to date with all changes known to be in force on or before 01 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Order revoked by 2023 c. 29 Sch. 1 Pt. 2
Citation, commencement and interpretationU.K.
This section has no associated Explanatory Memorandum
1.—(1) This Order may be cited as the Financial Services and Markets Act 2000 [F1(Qualifying Provisions)] Order 2013 and comes into force on 1st April 2013.
(2) For the purposes of this Order—
“the Act” means the Financial Services and Markets Act 2000;
F2...
[F3“the EU Benchmarks Regulation 2016” means Regulation EU 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014;]
[F4[F5“the EU Prospectus Regulation” means Regulation (EU) No 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC;]]
[F6“EU Securitisation Regulation 2017” means Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012;]
“the European market infrastructure regulation” means Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories M1[F7;
“EuSEF Regulation” means Regulation (EU) No 346/2013 of the European Parliament and the Council of 17 April 2013 on European social entrepreneurship funds [F8as amended by Regulation (EU) No 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds];
“EuVECA Regulation” means Regulation (EU) No 345/2013 of the European Parliament and the Council of 17 April 2013 on European venture capital funds [F9as amended by Regulation (EU) No 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds]];
[F10“markets in financial instruments regulation” means Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012;]
[F11“MMF Regulation” means Regulation (EU) No 2017/1131 of the European Parliament and of the Council of 14th June 2017 on Money Market Funds;]
[F12“PRIIPs regulation” means Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products;]
[F13recovery and resolution directive” means Directive 2014/59/EU of the European Parliament and of the Council of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms];
[F14“UK auctioning regulations” means the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021;]
[F15(3) Any reference in this Order to an EU Regulation, or part of an EU Regulation, is to be read as a reference to that EU Regulation, or that part of that EU Regulation, as amended from time to time.]
[F16(4) In this Order a reference to any directly applicable regulation made under an EU directive (“the parent EU Directive”) is a reference to—
(a)any EU regulation, originally made under the parent EU Directive, which is retained direct EU legislation,
(b)any technical standards made in relation to the parent EU Directive in accordance with Chapter 2A of Part 9A of the Act, and
(c)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for a power of an EU entity to make a directly applicable regulation under the parent EU Directive by regulations made under section 8 of the European Union (Withdrawal) Act 2018.
(5) [F17Subject to paragraph (5A), in] this Order a reference to any directly applicable regulation (or EU regulation) made under an EU regulation (“the parent Regulation”) is a reference to—
(a)any EU regulation, originally made under the parent Regulation, which is retained direct EU legislation;
(b)technical standards made in relation to the parent Regulation in accordance with Chapter 2A of Part 9A of the Act, and
(c)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for a power of an EU entity to make a directly applicable regulation under the parent Regulation by regulations made under section 8 of the European Union (Withdrawal) Act 2018.
[F18(5A) In this Order a reference to any directly applicable regulation (or EU regulation) made under the PRIIPs regulation, the markets in financial instruments regulation or the European market infrastructure regulation (“the parent Regulation”) is a reference to—
(a)any EU regulation, originally made under the parent Regulation, which is retained direct EU legislation;
(b)technical standards made in relation to the parent Regulation in accordance with Chapter 2A of Part 9A of the Act;
(c)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for a power of an EU entity to make a directly applicable regulation under the parent Regulation by regulations made under section 8 of the European Union (Withdrawal) Act 2018, and
(d)rules made under the parent Regulation.]
(6) In this Order a reference to any directly applicable regulation made under Article 4(9) or 4(10) of the SFT Regulation is a reference to—
(a)any EU regulation, originally made under those Articles, which is retained direct EU legislation;
(b)technical standards made in relation to those Articles in accordance with Chapter 2A of Part 9A of the Act, and
(c)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for a power of an EU entity to make a directly applicable regulation under those Articles by regulations made under section 8 of the European Union (Withdrawal) Act 2018.
(7) In articles 2(2)(m), 3(2)(p) and (3)(n), 5(2)(p) and (5)(o) and 6(2)(r) the reference to any directly applicable decision made under an EU regulation is a reference to—
(a)a decision made under that regulation which is retained direct EU legislation, and
(b)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for a power of an EU entity to make a directly applicable decision under that regulation by regulations made under section 8 of the European Union (Withdrawal) Act 2018.]
Textual Amendments
F1Words in art. 1(1) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in art. 1(2) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(2)
F3Words in art. 1(2) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(2)
F4Words in art. 1(2) inserted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 39(2) (with reg. 40)
F5Words in art. 1(2) omitted (30.1.2024 for specified purposes) by virtue of The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 33 (with regs. 48-50)
F6Words in art. 1(2) inserted (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 2 para. 4(2)
F7Words in art. 1(2) inserted (22.7.2013) by virtue of The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(2)
F8Words in art. 1(2) inserted (1.3.2018) by The Alternative Investment Fund Managers (Amendment) Regulations 2018 (S.I. 2018/134), regs. 1(2), 3(a)
F9Words in art. 1(2) inserted (1.3.2018) by The Alternative Investment Fund Managers (Amendment) Regulations 2018 (S.I. 2018/134), regs. 1(2), 3(b)
F10Words in art. 1(2) inserted (1.1.2023) by The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (S.I. 2022/1252), arts. 1(1), 3(2)(a)
F11Words in art. 1(2) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(2)
F12Words in art. 1(2) inserted (1.1.2018) by The Packaged Retail and Insurance-based Investment Products Regulations 2017 (S.I. 2017/1127), reg. 1, Sch. 2 para. 7(2)
F13Words in art. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(2)
F14Words in art. 1(2) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(2)
F15Art. 1(3) substituted for art. 1(3)(3A) (30.6.2020) by The Financial Services (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/628), regs. 1(2), 2
F16Art. 1(4)-(7) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(3); 2020 c. 1, Sch. 5 para. 1(1)
F17Words in art. 1(5) substituted (1.1.2023) by The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (S.I. 2022/1252), arts. 1(1), 3(2)(b)
F18Art. 1(5A) inserted (1.1.2023) by The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (S.I. 2022/1252), arts. 1(1), 3(2)(c)
Marginal Citations
M1OJ no L 201, 27.7.2012, p1.
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