[F1Qualifying provisions]: generalU.K.

2.—(1) The instruments listed in paragraph (2) are specified [F2qualifying provisions] for the purposes of sections 1A(6)(d), 1L(2)(b), 39(4)(b), [F366A(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;

[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;

[F7(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];

[F8(h)the CSD regulation and any directly applicable regulation made under that Regulation];

F9(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(j)the market abuse regulation and any directly applicable regulation made under that Regulation];

[F11(k)the PRIIPs regulation and any directly applicable regulation made under that Regulation];

[F12(l)any directly applicable regulation made under the insurance distribution directive];

[F13(m)the MMF Regulation and any directly applicable regulation or decision made under that Regulation];

[F14(n)the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.]

(3) The instruments listed in paragraph (4) are also specified [F15qualifying 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;

[F16(c)any directly applicable regulation made under the recovery and resolution directive.]

[F17(4A) The SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation are specified [F18qualifying 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 [F19qualifying provisions] for the purposes of sections [F202AB(3)(d)] and [F2166B(4)(b)] of the Act.

(6) The instruments are—

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

[F22(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;

[F23(d)the CSD regulation and any directly applicable regulation made under that Regulation];

[F24(e)any directly applicable regulation made under the recovery and resolution directive];

[F25(f)the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.]

(7) The instruments listed in paragraph (8) are specified [F26qualifying 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;

[F27(aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;]

(b)the emission allowance auctioning regulation;

[F28(ba)the UK auctioning regulations;]

(c)the European market infrastructure regulation;

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

[F29(e)the CSD regulation and any directly applicable regulation made under that Regulation];

[F30(f)the market abuse regulation and any directly applicable regulation made under that Regulation];

[F31(g)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.]

[F32(9) Directly applicable regulations made under the recovery and resolution directive are specified [F33qualifying provisions] for the purpose of sections [F3466B(4)(b)] and 192K(1)(c) of the Act.]

[F35(10) The market abuse regulation and any directly applicable regulation made under that Regulation are specified [F33qualifying provisions] for the purposes of section [F3666A(4)(b)] of the Act.]

[F37(11) Directly applicable regulations made under the Solvency 2 Directive are specified [F33qualifying provisions] for the purposes of sections 2A(6)(d), 39(4)(b), 66B(4)(b) and 168(4)(k) of the Act.]

[F38(12) The EU Benchmarks Regulation 2016 is a specified [F39qualifying provision] for the purpose of section 1A(6)(d) of the Act.

(13) The EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016 is a specified [F40qualifying provision] for the purposes of sections 1L(2)(b), 39(4)(b), 66A(4)(b), 168(4)(k), 192K(1)(c) and 293A of the Act.]

[F41[F42(14) The EU Prospectus Regulation and any directly applicable measure made under that Regulation is a specified qualifying EU provision for the purpose of section 1A(6)(d) of the Act.]]

Textual Amendments

F1Words in art. 2 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)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in art. 2(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)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3Word 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)

F4Art. 2(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(2)(a) (with reg. 7)

F5Art. 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)

F6Art. 2(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(3)(a)

F7Art. 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)

F8Art. 2(2)(h) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(2)(a)

F9Art. 2(2)(i) 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(3)

F10Art. 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)

F11Art. 2(2)(k) 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(3)