Part XVIII

Recognised investment exchanges, clearing houses , CSDs and other parties
CHAPTER 3C

Critical third parties

Power to make rules
312M
1
A relevant regulator may make such rules imposing duties on critical third parties in connection with the provision of services to authorised persons, relevant service providers and FMI entities as appear to the regulator to be necessary or expedient for the purpose of advancing any of its objectives.
2
The reference in subsection (1) to a relevant regulator’s objectives is a reference to—
a
where the regulator is the FCA, one or more of its operational objectives;
b
where the regulator is the PRA, one or more of its objectives;
c
where the regulator is the Bank, the Bank’s Financial Stability Objective.
3
In the application of Part 9A to rules made by the FCA or the PRA under this section, the following provisions apply with the modifications specified in this subsection—
a
section 137T (general supplementary powers) applies as if—
i
the reference in paragraph (a) to “authorised persons, activity or investment” were a reference to “critical third parties or services”, and
ii
in paragraph (b) for the words from “as” to the end there were substituted
“or the Bank, or standards issued by any other person, as those rules or standards have effect from time to time,”
;
b
section 138B (publication of directions) applies as if subsection (4) were omitted;
c
section 138F (notification of rules) applies as if subsections (1A) and (2) were omitted;
d
section 138I (consultation) applies as if the reference in subsection (1)(a) to the “PRA” were a reference to the “
PRA and the Bank
”;
e
section 138J (consultation) applies as if the reference in subsection (1)(a) to the “FCA” were a reference to the “
FCA and the Bank
”.
Pt. 18 applied in part (with modifications) (12.12.2011) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), reg. 7, Sch. 2 (as amended (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 37 (with regs. 7(4), 9(1)))
Pt. 18 Ch. 3C inserted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 18(3), 86(3); S.I. 2023/779, reg. 4(m)
Pt. 18 heading substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(8) (with regs. 7(4), 9(1))
Words in Pt. 18 heading substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 18(2), 86(3); S.I. 2023/779, reg. 4(m)