The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 No. 1043

PART 2 U.K. Amendments of the Financial Services and Markets Act 2000

Exercise of powers where UK is host member state U.K.

29.—(1) Section 100A (exercise of powers where UK is host member state) M1 is amended as follows.

(2) In subsection (1), for paragraph (a) (including the “or” at the end) substitute—

“(a) a provision—

(i) of this Part so far as relating to prospectuses,

(ii) of prospectus rules,

(iii) of the prospectus regulation, or

(iv) made in accordance with the prospectus regulation, or”.

(3) After subsection (1) insert—

“(1A) The FCA may act in a case within subsection (1)(a) only in respect of the infringement of a provision of or required by—

(a) the prospectus regulation, or

(b) any EU regulation made under the prospectus regulation.

Any reference in this Part to an applicable provision is to be read accordingly.”.

(4) In subsection (2)—

(a) for “such a case” substitute “ a case within subsection (1)(b) ”,

(b) for “relevant” substitute “ transparency obligations ”, and

(c) omit “applicable provision or”.

(5) In subsection (4), for “87K(2), 87L(2) or (3)” substitute “ 87JA(1), 87JB(1), 87K(2) or (6), 87L(2), (3), (7), (8) or (11) ”.

Commencement Information

I1 Reg. 29 in force at 21.7.2019, see reg. 1(1)

Marginal Citations

M1 Inserted by the Companies Act 2006 section 1271 and subsequently amended by Financial Services Act 2012 (c. 21).