The Central Securities Depositories Regulations 2014

[F1 PART 6 U.K. References to the Tribunal

Textual Amendments

F1 Pts. 4-8 and Pt. 9 heading inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 5(9) (with regs. 7(4), 9(1))

References to the Tribunal U.K.

5L.— (1) Paragraph (2) applies where the Bank or FCA takes a decision—

(a) to refuse an application under Article 19(1) of the CSD regulation;

(b) to require a recognised CSD to discontinue a CSD link in accordance with Article 19(7) of that regulation;

(c) to withdraw authorisation for a service, activity or financial instrument in accordance with Article 20(4) of that regulation;

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) to refuse an application for authorisation under Article 30(4) of that regulation (outsourcing);

(f) in relation to a complaint under Article 33(3) of that regulation (requirements for participation);

(g) to refuse an application for authorisation under Article 48(2) of that regulation (CSD links);

(h) in relation to a complaint under Article 49(4) of that regulation (freedom to issue in a [F3 CSD or third-country CSD]);

(i) in relation to a complaint under Article 52(2) of that regulation (procedure for CSD links);

(j) in relation to a complaint under Article 53(3) of that regulation (access between a CSD [F4 or third-country CSD] and another market infrastructure);

(k) to refuse an application by a CSD for authorisation to designate a credit institution or to provide banking-type ancillary services listed in or permitted under Section C of the Annex to that regulation under Article [F5 55(3)] of that regulation (procedure for granting and refusing authorisation to provide banking-type ancillary services);

(l) to refuse an application by a recognised CSD for an extension of banking-type ancillary services listed in or permitted under Section C of the Annex to that regulation (including services to be provided by a designated credit institution) under Article [F6 55(3)] of that regulation as applied by Article 56(2) of that regulation (extension of banking-type ancillary services);

(m) to withdraw, wholly or partly, a recognised CSD’s authorisation to designate a credit institution or to provide banking-type ancillary services listed in or permitted under Section C of the Annex to the CSD regulation under Article 57 of that regulation (withdrawal of authorisation).

(2) The following persons may refer the matter to the Tribunal—

(a) in the case of any decision mentioned in paragraph (1), the CSD to which the decision relates,

(b) in the case of a decision mentioned in paragraph (1)(f), (h) or (i), the complainant, and

(c) in the case of a decision mentioned in paragraph (1)(j), the CCP and the trading venue.

(3) Part 9 of the Act (hearings and appeals) applies to references to the Tribunal under this regulation as it applies to references to the Tribunal under the Act.]

Textual Amendments

F2 Reg. 5L(1)(d) omitted (31.12.2020) by virtue of The Central Securities Depositories (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1320), regs. 1(3), 2(4)(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 5L(1)(h) substituted (31.12.2020) by The Central Securities Depositories (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1320), regs. 1(3), 2(4)(b) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 5L(1)(j) inserted (31.12.2020) by The Central Securities Depositories (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1320), regs. 1(3), 2(4)(c) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in reg. 5L(1)(k) substituted (31.12.2020) by The Central Securities Depositories (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1320), regs. 1(3), 2(4)(d) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in reg. 5L(1)(l) substituted (31.12.2020) by The Central Securities Depositories (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1320), regs. 1(3), 2(4)(d) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)