The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007

11.  In paragraph 20—

(a) in sub-paragraph (2) for “The” substitute “Subject to sub-paragraph (2A), the”;

(b) after sub-paragraph (2) insert—

“(2A) If the firm is a UK investment firm, a notice of intention may not include ancillary services unless such services are to be provided in connection with the carrying on of one or more investment services and activities.

(2B) In sub-paragraph (2A) “ancillary services” has the meaning given in Article 4.1.3 of the markets in financial instruments directive.”;

(c) in sub-paragraph (3)(1) for “investment services directive” substitute “markets in financial instruments directive”;

(d) in sub-paragraph (4B)(2), after “insurance directives” insert “or from the markets in financial instruments directive”;

(e) after sub-paragraph (4B) insert—

“(4BA) If the firm’s EEA right derives from the markets in financial instruments directive, the Authority must comply as soon as reasonably practicable with a request for information under the second sub-paragraph of Article 31.6 of that directive from the host state regulator.”.

(1)

Paragraph 20(3) was amended by S.I. 2003/2066.

(2)

Paragraph 20(4B) was inserted by S.I. 2001/1376.