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The Alternative Investment Fund Managers Regulations 2013

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This is the original version (as it was originally made).

Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013

This section has no associated Explanatory Memorandum

22.—(1) The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013(1) is amended as follows.

(2) In article 1(2) (interpretation) at the end insert—

““EuSEF Regulation” means Regulation (EU) No 346/2013 of the European Parliament and the Council of 17 April 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;”.

(3) In article 2(2) (qualifying EU provisions: general)—

(a)after sub-paragraph (b) insert—

“(ba)any directly applicable regulation made under the alternative investment fund managers directive;”;

(b)after sub-paragraph (e) insert—

“(f)the EuSEF Regulation and any directly applicable regulation made under that Regulation;

(g)the EuVECA Regulation and any directly applicable regulation made under that Regulation.”.

(4) In article 3 (qualifying EU provisions: disciplinary measures)—

(a)in paragraph (2)—

(i)after sub-paragraph (b) insert—

“(ba)any directly applicable regulation made under the alternative investment fund managers directive;”;

(ii)after sub-paragraph (e) insert—

“(f)the EuSEF Regulation and any directly applicable regulation made under that Regulation;

(g)the EuVECA Regulation and any directly applicable regulation made under that Regulation.”;

(b)in paragraph (3)—

(i)in sub-paragraph (b) after “UCITS directive” insert “or the alternative investment fund managers directive”;

(ii)after sub-paragraph (d) insert—

“(e)in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCA.”.

(5) In article 5 (qualifying EU provisions: injunctions and restitution)—

(a)in paragraph (2)—

(i)after sub-paragraph (b) insert—

“(ba)any directly applicable regulation made under the alternative investment fund managers directive;”;

(ii)after sub-paragraph (e) insert—

“(f)the EuSEF Regulation and any directly applicable regulation made under that Regulation;

(g)the EuVECA Regulation and any directly applicable regulation made under that Regulation.”;

(b)in paragraph (5)—

(i)in sub-paragraph (b) after “UCITS directive” insert “or the alternative investment fund managers directive”;

(ii)after sub-paragraph (e) insert—

“(f)in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCA.”.

(6) In article 6(2) (qualifying EU provisions: fees)—

(a)after sub-paragraph (b) insert—

“(ba)any directly applicable regulation made under the alternative investment fund managers directive;”;

(b)after sub-paragraph (g) insert—

“(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.”.

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