Qualifying EU provisions: disciplinary measures3

1

The instruments listed in paragraph (2) are specified qualifying EU provisions for the purposes of section 204A(2) of the Act.

2

The instruments are—

a

any directly applicable regulation made under the markets in financial instruments directive;

F16aa

the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;

b

any directly applicable regulation made under the UCITS directive;

F1ba

any directly applicable regulation made under the alternative investment fund managers directive;

c

the emission allowance auctioning regulation;

d

the European market infrastructure regulation;

e

any directly applicable regulation made under the European market infrastructure regulation;

F2f

the EuSEF Regulation and any directly applicable regulation made under that Regulation;

g

the EuVECA Regulation and any directly applicable regulation made under that Regulation;

F5h

the CSD regulation and any directly applicable regulation made under that Regulation;

F7i

any directly applicable regulation made under the recovery and resolution directive;

F9j

the ELTIF Regulation and any directly applicable regulation made under that Regulation;

F11k

the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation;

F13l

any directly applicable regulation made under the Solvency 2 Directive.

3

The appropriate regulator for the purposes of each provision in Part 14 of the Act in relation to the qualifying EU provisions specified by paragraph (1) is—

a

in relation to a contravention of a requirement imposed by a directly applicable regulation made under the markets in financial instruments directive F15or the markets in financial instruments regulation—

i

if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

ii

in any other case, the FCA;

b

in relation to a contravention of a requirement imposed by the emission allowance auctioning regulation or any directly applicable regulation made under the UCITS directive F3or the alternative investment fund managers directive, the FCA;

c

in relation to a contravention of a requirement imposed by the European market infrastructure regulation—

i

if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

ii

in any other case, the FCA;

d

in relation to a contravention of a requirement imposed by any directly applicable regulation made under the European market infrastructure regulation, the FCA;

F4e

in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCA;

F6f

in relation to a contravention of a requirement imposed by the CSD regulation or any directly applicable regulation made under the CSD regulation—

i

if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

ii

in any other case, the FCA;

F8g

in relation to a contravention of a requirement imposed by any directly applicable regulation made under the recovery and resolution directive—

i

if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

ii

in any other case, the FCA;

F10h

in relation to a contravention of a requirement imposed by the ELTIF Regulation or any directly applicable regulation made under that Regulation, the FCA;

F12i

in relation to a contravention of a requirement imposed by the SFT regulation or any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation, the FCA;

F14j

in relation to a contravention of a requirement imposed by a directly applicable regulation made under the Solvency 2 Directive, the PRA.