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PART 3Transitional and saving provision

CHAPTER 2Temporary registration

Temporary deemed registration under the European Markets Infrastructure Regulation

9.—(1) A person to whom this regulation applies is to be treated as if the person is registered as a trade repository under Chapter 1 of Title 6 of the European Markets Infrastructure Regulation.

(2) Reference in an enactment to a person registered as a trade repository under that Chapter, however expressed, is to be read, unless the contrary intention appears, as including a person treated as being so registered by virtue of this regulation.

Application of regulation 9

10.  Regulation 9 applies to a person—

(a)who satisfies the conditions in regulation 11;

(b)for the period determined in accordance with regulation 12.

Conditions to be satisfied for regulation 9 to apply

11.  The conditions are—

(a)the person is a body corporate which, immediately before exit day, is—

(i)incorporated under the law of any part of the United Kingdom, and

(ii)included within a group of undertakings which comprises a trade repository registered under the European Markets Infrastructure Regulation;

(b)the person has—

(i)submitted an advance application in accordance with regulation 5, whether or not the application complies with the directions under regulation 5(2)(b), and

(ii)not been notified by the FCA of its decision in respect of the application in accordance with regulation 7(4).

Period during which regulation 9 is to apply

12.—(1) For the purposes of regulation 10(b), the period is one that begins with exit day and ends with a day determined in accordance with paragraph (2).

(2) The period ends—

(a)after three years beginning with the day on which exit day occurs, or

(b)if earlier, with the day—

(i)before the day on which registration as a trade repository has effect,

(ii)on which the FCA determines, in accordance with regulation 13(1), that regulation 9 should cease to apply, or

(iii)on which the person ceases to be included within a group of undertakings which comprises a trade repository registered under the European Markets Infrastructure Regulation, as that Regulation has effect in the European Union.

Cessation following a determination by the FCA

13.—(1) The FCA may determine that regulation 9 should cease to apply to a person—

(a)where, in respect of an advance application—

(i)the application does not comply with a direction under regulation 5(2), and

(ii)the steps referred to in regulation 6(b)(ii) have not been taken within the time specified;

(b)following a decision refusing registration in accordance with regulation 7(3);

(c)at the request of the person to whom regulation 9 applies.

(2) The FCA must notify the person in respect of whom the determination is made of the day on which regulation 9 will cease to apply.

(3) Paragraph (1) is subject to Article 71 (withdrawal of registration) of the European Markets Infrastructure Regulation.