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The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018

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PART 1Introductory provisions

Citation and commencement

1.—(1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018.

(2) These Regulations come into force on 27th February 2018 except for—

(a)regulation 57 (amendments to the Consumer Credit (Disclosure of Information) Regulations 2010)(1) which comes into force on 1st July 2018; and

(b)regulations 37(c) and (d), 39, 43(b), 49(2)(c) and (d), 50 and 53 which come into force on 1st May 2020.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Financial Services and Markets Act 2000(2);

“the EU Benchmarks Regulation 2016” means Regulation EU 2016/1011(3) of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC(4) and 2014/17/EU(5) and Regulation (EU) No 596/2014(6);

“benchmark administrator” means a person who acts as an administrator of a benchmark within the meaning of Article 3 of the EU Benchmarks Regulation 2016;

“competent authority” means an authority designated under Article 40 of the EU Benchmarks Regulation 2016;

“the FCA” means the Financial Conduct Authority;

“non-authorised person” means a person who is not an authorised person;

“the RAO” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(7);

“relevant requirement” means a requirement imposed by or under these Regulations or by or under the EU Benchmarks Regulation 2016; and

“third country” means a State other than an EEA State.

(2) In Part 2 of these Regulations—

“overseas regulator” means an authority in a country or territory outside the United Kingdom which has functions corresponding to those of the FCA under the EU Benchmarks Regulation 2016;

“own-initiative requirement powers” means the FCA’s powers in regulation 6(2); and

“senior management” has the meaning given in Article 4.1.37 of Directive 2014/65/EU off the European Parliament and of the Council of 16 April 2014 on Markets in Financial Instruments (recast)(8);

(3) Except as provided by paragraphs (1) and (2)—

(a)any expression used in these Regulations which is defined for the purposes of the EU Benchmarks Regulation 2016 has the meaning which it has in the EU Benchmarks Regulation 2016; and

(b)any other expression used in these Regulations which is defined for the purposes of the Act has the meaning given by the Act.

Directly applicable EU regulations

3.  In these Regulations, a reference to an Article of the EU Benchmarks Regulation 2016 includes a reference to any directly applicable EU regulation made under that Article.

Designation of competent authority

4.  The FCA is designated to carry out all of the duties of the competent authority under the EU Benchmarks Regulation 2016.

(3)

OJ No. L171 29.06.2016, p.1.

(4)

OJ No. L133 22.05.2008, p.66.

(5)

OJ No. L60 28.02.2014, p.34.

(6)

OJ No L171 29.06.16, p.1.

(8)

OJ No. L173 12.06.2014, p.349; the Directive was amended by Regulation (EU) No. 909/2014 of the European Parliament and of the Council of 23 July 2014 (OJ No. L257, 28.08.2014 p.1) and Directive (EU) 2016 of the European Parliament and of the Council of 23 June 2016 (OJ No. L 175 30.06.2016 p.8).

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