The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016

Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013

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4.—(1) The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013(1) is amended as follows.

(2) In article 2(2) (qualifying EU provisions: general)—

(a)after paragraph (4) insert—

“(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.”;

(b)in paragraph (8), after sub-paragraph (f), insert—

“(g)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”.

(3) In article 3(3) (disciplinary measures)—

(a)in paragraph (2), after sub-paragraph (j) insert—

“(k)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”;

(b)in paragraph (3), after sub-paragraph (h) insert—

“(i)in relation to a contravention of a requirement imposed by the SFT regulation or any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation, the FCA.”.

(4) In article 4(4) (recognised investment exchanges and clearing houses)—

(a)in paragraph (3), after sub-paragraph (e) insert—

“(f)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”;

(b)in paragraph (5), after sub-paragraph (e), insert—

“(f)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”;

(c)in paragraph (7), after sub-paragraph (d), insert—

“(e)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”;

(d)after paragraph (10) insert—

“(11) 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 paragraph 14(2)(d) of Schedule 17A to the Act.”.

(5) In article 5(5) (injunctions and restitution)—

(a)after paragraph (4) insert—

“(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 section 380(6)(a) of the Act.”;

(b)after paragraph (5) insert—

“(5A) The appropriate regulator for the purposes of section 380 of the Act, in relation to a contravention of the SFT regulation or any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation, is the FCA.”;

(c)in paragraph (6), after sub-paragraph (c), insert—

“(d)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”.

(6) In article 6(6) (fees)—

(a)in paragraph (2), after sub-paragraph (m), insert—

“(n)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”;

(b)in paragraph (6), after sub-paragraph (c), insert—

“(d)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.”.

(2)

Article 2 was amended by S.I. 2014/2879 and S.I. 2016/680. There are other amendments not relevant to these Regulations.

(3)

Article 3 was amended by S.I. 2013/1773, S.I. 2014/2879, S.I. 2014/3348 and S.I. 2015/1882.

(4)

Article 4 was amended by S.I. 2014/2879 and S.I. 2016/680.

(5)

Article 5 was amended by S.I. 2014/2879 and S.I. 2016/680. There are other amendments not relevant to these Regulations.