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The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013, Section 6 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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6.—(1) The instruments listed in paragraph (2) are specified [F2qualifying provisions] for the purposes of paragraph 23(2) of Schedule 1ZA to the Act [F3and regulation 206(1)(a) of the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019;]
(2) The instruments are—
(a)any directly applicable regulation made under the markets in financial instruments directive;
[F4(aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;]
(b)any directly applicable regulation made under the UCITS directive;
[F5(ba)any directly applicable regulation made under the alternative investment fund managers directive;]
(c)the emission allowance auctioning regulation;
[F6(ca)the UK auctioning regulations;]
(d)the European market infrastructure regulation;
(e)any directly applicable regulation made under the European market infrastructure regulation;
(f)the short selling regulation;
(g)any directly applicable regulation made under the short selling regulation;
[F7(h)the EuSEF Regulation and any directly applicable regulation made under that Regulation;
(i)the EuVECA Regulation and any directly applicable regulation made under that Regulation];
[F8(j)the CSD regulation and any directly applicable regulation made under that Regulation];
[F9(k)any directly applicable regulation made under the recovery and resolution directive];
F10(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(m)the market abuse regulation and any directly applicable regulation made under that Regulation];
[F12(n)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation];
[F13(o)the PRIIPs regulation and any directly applicable regulation made under that Regulation[F14;]]
[F15(p)the EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016];
[F16(q)any directly applicable regulation made under the insurance distribution directive];
[F17(r)the MMF Regulation and any directly applicable regulation or decision made under that Regulation];
[F18(s)the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation];
[F19[F20(t)the EU Prospectus Regulation and any directly applicable measure made under that Regulation.]]
(3) The instruments listed in paragraph (4) are specified [F21qualifying provisions] for the purposes of paragraph 31(2) of Schedule 1ZB to the Act [F22and regulation 206(1)(a) of the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019].
(4) The instruments are—
(a)any directly applicable regulation made under the market in financial instruments directive;
[F23(aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;]
(b)the European market infrastructure regulation;
(c)any directly applicable regulation made under the European markets infrastructure regulation;
[F24(d)the CSD regulation and any directly applicable regulation made under that Regulation];
[F25(e)any directly applicable regulation made under the recovery and resolution directive];
[F26(f)any directly applicable regulation made under the Solvency 2 Directive];
[F27(g)the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.]
(5) The instruments listed in paragraph (6) are specified [F28qualifying provisions] for the purposes paragraph 36(2)(b) of Schedule 17A to the Act [F29and regulation 206(1)(a) of the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019].
(6) The instruments are—
(a)the European market infrastructure regulation;
(b)any directly applicable regulation made under the European market infrastructure regulation;
[F30(c)the CSD regulation and any directly applicable regulation made under that Regulation];
[F31(d)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.]
Textual Amendments
F1Words in art. 6 heading 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(4)(e); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in art. 6(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(4)(e); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 6(1) 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(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 6(2)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(6)(a) (with reg. 7)
F5Art. 6(2)(ba) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(6)(a)
F6Art. 6(2)(ca) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(7)
F7Art. 6(2)(h)(i) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(6)(b)
F8Art. 6(2)(j) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(6)(a)
F9Art. 6(2)(k) 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(6)(a)
F10Art. 6(2)(l) 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(6)
F11Art. 6(2)(m) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(5)
F12Art. 6(2)(n) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(6)(a)
F13Art. 6(2)(o) 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(6)
F14Art. 6(2)(o): semi-colon substituted for full stop (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(7)(a)
F15Art. 6(2)(p) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(7)(b)
F16Art. 6(2)(q) inserted (1.10.2018) by The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Order 2018 (S.I. 2018/546), arts. 1(2), 24(5)
F17Art. 6(2)(r) 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(6)
F18Art. 6(2)(s) inserted (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 2 para. 4(7)
F19Art. 6(2)(t) inserted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 39(5)(a) (with reg. 40)
F20Art. 6(2)(t) 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. 36 (with regs. 48-50)
F21Words in art. 6(3) 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(4)(e); 2020 c. 1, Sch. 5 para. 1(1)
F22Words in art. 6(3) 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(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F23Art. 6(4)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(6)(b) (with reg. 7)
F24Art. 6(4)(d) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(6)(b)
F25Art. 6(4)(e) 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(6)(b)
F26Art. 6(4)(f) inserted (12.10.2016) by The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (Amendment) Order 2016 (S.I. 2016/936), arts. 1(2), 2(5)
F27Art. 6(4)(g) inserted (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 2 para. 4(8)
F28Words in art. 6(5) 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(4)(e); 2020 c. 1, Sch. 5 para. 1(1)
F29Words in art. 6(5) 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(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
F30Art. 6(6)(c) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(6)(c)
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