Financial Services and Markets Act 2000

[F1313DInterpretation of Part 18AU.K.

This section has no associated Explanatory Notes

[F2(1)]In this Part—

  • F3...

  • [F4“derivative” means a derivative referred to in [F5paragraphs 4 to 10 of Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)];]

  • [F6“financial instrument” means an instrument specified in Part 1 of Schedule 2 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;]

  • “institution” means—

    (a)

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

    (b)

    an investment firm;

    (c)

    [F7a qualifying credit institution that has Part 4A permission to carry on the regulated activity of accepting deposits, when carrying out investment services or activities; or]

    (d)

    [F7a qualifying credit institution other than one that has Part 4A permission to carry on the regulated activity of accepting deposits;]

    F8...

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

  • [F4“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;]

  • F9...

  • [F4“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;]

  • [F10“regulated information” has the meaning given in Article 2(1)(k) of the transparency obligations directive (as defined in section 103 of this Act);]

  • [F11“regulatory information service” means—

    (a)

    a service approved by the [F12FCA] to disseminate regulated information in accordance with rules made under section 89A of this Act,] F13...

    (b)

    F13...

  • F14...

  • [F15“systematic internaliser” has the meaning given in Article 2(1)(12) of the markets in financial instruments regulation;]

  • [F15“trading venue” means a UK trading venue, as defined by Article 2(1)(16A) of the markets in financial instruments regulation.]

[F16(2)In this Part a trading venue or systematic internaliser falls under the FCA’s jurisdiction if—

[F17(a)it is established in the United Kingdom; or]

(b)in the case of a systematic internaliser [F18which] does not fall within the FCA’s jurisdiction by virtue of paragraph (a)—

(i)it has established a branch (as defined by [F19Article 2(1)(20) of the markets in financial instruments regulation]) in the United Kingdom; and

(ii)the FCA considers that it is necessary to impose a requirement on the systematic internaliser under section [F20section 313CA(2) or 313CB(2)].]]

Textual Amendments

F2S. 313D(1) s. 313D re-numbered as s. 313D(1) (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 42(2) (with reg. 7)

F4Words in s. 313D(1) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 42(3)(d) (with reg. 7)

F9Words in s. 313D(1) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 42(3)(b) (with reg. 7)

F11S. 313D: definition of "regulatory information service" inserted (9.4.2010) by The Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 (S.I. 2010/1193), reg. 6

F12Word in Pt. 18A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 36(a), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F14Words in s. 313D(1) omitted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 42(3)(c) (with reg. 7)

F16S. 313D(2) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 2 para. 42(4) (with reg. 7) (as amended (2.1.2018) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (No.2) Regulations 2017 (S.I. 2017/1255), regs. 2(a), 35)