SCHEDULES

SCHEDULE 2Transitional amendments

PART 1Amendments to the Markets in Financial Instruments Regulation

27

(1)

Article 50D (FCA rules) is amended as follows.

(2)

In paragraph 1—

(a)

for “Article 46(6B) or 48A” substitute “this Regulation”;

(b)

for “modification in paragraph 3” substitute “modifications in paragraphs 2A and 3”.

(3)

In paragraph 2(b) after “damages)” insert “and section 138EA (matters to consider when making rules)”.

(4)

After paragraph 2 insert—

“2A.

In its application to rules made under Article 31, section 138I has effect as if the reference to the PRA in subsection (1)(a) were a reference to the Bank of England.”

(5)

In paragraph 3, for the words after “authorised persons” substitute “included a reference to persons who are not authorised persons but to whom any of the rules made by the FCA under this Regulation apply”.