F3Part 18ASUSPENSION AND REMOVAL OF FINANCIAL INSTRUMENTS FROM TRADING

Annotations:
Amendments (Textual)

313DInterpretation of Part 18A

F61

In this Part—

  • F10“competent authority” has the meaning given in Article 4.1.26 (definitions) of the markets in financial instruments directive;

  • F10“derivative” means a derivative referred to in points (4) to (10) of Section C of Annex 1 to the markets in financial instruments directive;

  • “financial instrument” has the meaning given in Article F74.1.15 of the markets in financial instruments directive;

  • “institution” means—

    1. a

      a recognised investment exchange, other than an overseas investment exchange (within the meaning of Part 18);

    2. b

      an investment firm;

    3. c

      a credit institution authorised under the F5capital requirements directive, when carrying on investment services and activities; or

    4. d

      an institution which would satisfy the requirements for authorisation as a credit institution under that directive if it had its registered office (or if it does not have a registered office, its head office) in an EEA State,

    but does not include an EEA firm qualifying for authorisation under Schedule 3;

  • “issuer”, in relation to a financial instrument, means the person who issued the instrument;

  • F10“market abuse” means a contravention of Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) or 15 (prohibition of market manipulation) of the market abuse regulation;

  • F8...

  • F10“non-disclosure of inside information” means a failure to disclose inside information, as defined by Article 7 (inside information) of the market abuse regulation, in contravention of Article 17 (public disclosure of inside information) of that Regulation;

  • F1“regulated information” has the meaning given in Article 2(1)(k) of the transparency obligations directive (as defined in section 103 of this Act);

  • F2“regulatory information service” means—

    1. a

      a service approved by the F4FCA to disseminate regulated information in accordance with rules made under section 89A of this Act, or

    2. b

      a service established in an EEA state other than the United Kingdom which is used for the dissemination of regulated information for the purposes of Article 21 of the transparency obligations directive;

  • F9...

  • F10“systematic internaliser” has the meaning given in Article 4.1.20 of the markets in financial instruments directive;

  • F10“trading venue” has the meaning given in Article 4.1.24 of the markets in financial instruments directive.

F112

In this Part a trading venue or systematic internaliser falls under the FCA’s jurisdiction if—

a

the United Kingdom is the home Member State (as defined by Article 4.1.55 of the markets in financial instruments directive) of—

i

in the case of a trading venue which is a regulated market (as defined by Article 4.1.21 of the directive), the regulated market;

ii

in the case of a trading venue which is a multilateral trading facility (as defined by Article 4.1.22 of the directive), the person operating the facility;

iii

in the case of a trading venue which is an organised trading facility (as defined by Article 4.1.23 of the directive), the person operating the facility; or

iv

in the case of a systematic internaliser, the systematic internaliser; or

b

in the case of a systematic internaliser F12which does not fall within the FCA’s jurisdiction by virtue of paragraph (a)—

i

it has established a branch (as defined by Article 4.1.30 of the directive) in the United Kingdom; and

ii

the FCA considers that it is necessary to impose a requirement on the systematic internaliser under section 313CA(2), 313CB(2), or 313CC(2) for the purposes of Article 32.2 or 52.2 of the markets in financial instruments directive.