The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013 No. 419

Qualifying EU provisions: generalU.K.

2.—(1) The instruments listed in paragraph (2) are specified qualifying EU provisions for the purposes of sections 1A(6)(d), 1L(2)(b), 39(4)(b), [F166A(4)(b)] and 168(4)(k) of the Act.

(2) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F2(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;

[F3(ba)any directly applicable regulation made under the alternative investment fund managers directive;]

(c)the emission allowance auctioning regulation;

(d)the European market infrastructure regulation;

(e)any directly applicable regulation made under the European market infrastructure regulation;

[F4(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];

[F5(h)the CSD regulation and any directly applicable regulation made under that Regulation];

[F6(i)the ELTIF Regulation and any directly applicable regulation made under that Regulation];

[F7(j)the market abuse regulation and any directly applicable regulation made under that Regulation.]

(3) The instruments listed in paragraph (4) are also specified qualifying EU provisions for the purposes of sections 1A(6)(d), 1L(2)(b) and 168(4)(k) of the Act.

(4) The instruments are—

(a)the short selling regulation;

(b)any directly applicable regulation made under the short selling regulation;

[F8(c)any directly applicable regulation made under the recovery and resolution directive.]

[F9(4A) The SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation are specified qualifying EU provisions for the purposes of sections 1A(6)(d), 1L(2)(b) and 168(4)(k) of the Act.]

(5) The instruments listed in paragraph (6) are specified qualifying EU provisions for the purposes of sections [F102A(6)(d)] [F102AB(3)(d)] and [F1166B(4)(b)] of the Act.

(6) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F12(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 market infrastructure regulation;

[F13(d)the CSD regulation and any directly applicable regulation made under that Regulation];

[F14(e)any directly applicable regulation made under the recovery and resolution directive.]

(7) The instruments listed in paragraph (8) are specified qualifying EU provisions for the purposes of section 293A of the Act.

(8) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F15(aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;]

(b)the emission allowance auctioning regulation;

(c)the European market infrastructure regulation;

(d)any directly applicable regulation made under the European market infrastructure regulation;

[F16(e)the CSD regulation and any directly applicable regulation made under that Regulation];

[F17(f)the market abuse regulation and any directly applicable regulation made under that Regulation];

[F18(g)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.]

[F19(9) Directly applicable regulations made under the recovery and resolution directive are specified qualifying EU provisions for the purpose of sections [F2066B(4)(b)] and 192K(1)(c) of the Act.]

[F21(10) The market abuse regulation and any directly applicable regulation made under that Regulation are specified qualifying EU provisions for the purposes of section [F2266A(4)(b)] of the Act.]

[F23(11) Directly applicable regulations made under the Solvency 2 Directive are specified qualifying EU provisions for the purposes of sections 2A(6)(d), 39(4)(b), 66B(4)(b) and 168(4)(k) of the Act.]

Textual Amendments

F1Word in art. 2(1) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, 2(a)

F2Art. 2(2)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes) 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(2)(a) (with reg. 7)

F3Art. 2(2)(ba) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(3)(a)

F4Art. 2(2)(f)(g) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(3)(b)

F5Art. 2(2)(h) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(2)(a)

F6Art. 2(2)(i) inserted (3.12.2015) by The European Long-term Investment Funds Regulations 2015 (S.I. 2015/1882), regs. 1, 8(3)

F7Art. 2(2)(j) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(2)(a)

F8Art. 2(4)(c) 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(3)(a)

F9Art. 2(4A) 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(2)(a)

F10Word in art. 2(5) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes) 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(2)(b) (with reg. 7)

F11Word in art. 2(5) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, 2(b)