SCHEDULE 2Minor and consequential amendments to primary and secondary legislation
The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 20134
1
The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013 M1is amended as follows.
2
In article 1(2) (interpretation), insert the following definition in the appropriate place—
“EU Securitisation Regulation 2017” means Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012;.
3
In article 2(2) (qualifying EU provisions: general), after subparagraph (m) M2 insert—
n
the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.
4
In article 2(6) (qualifying EU provisions: general), after sub-paragraph (e) M3 insert –
f
the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.
5
In article 3 (qualifying EU provisions: disciplinary measures)—
a
after paragraph (2)(p) M4 insert—
q
the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.
b
after paragraph (3)(n) M5 insert—
o
in relation to a contravention of a requirement imposed for the purposes of the EU Securitisation Regulation 2017 or any directly applicable regulation made under that Regulation—
i
the FCA if it is the competent authority for the purposes of that Regulation for the person concerned; or
ii
the PRA if it is the competent authority for the purposes of that Regulation for the person concerned.
6
In article 5 (qualifying EU provisions: injunctions and restitution)—
a
after paragraph (2)(p) M6 insert—
q
the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.
b
after paragraph (5)(o) M7 insert—
p
in relation to a contravention of a requirement imposed by the EU Securitisation Regulation 2017 or any directly applicable regulation made under that Regulation—
i
the FCA if it is the competent authority under that Regulation for the person concerned;
ii
the PRA if it is the competent authority under that Regulation for the person concerned.
7
In article 6(2) (qualifying EU provisions: fees), after sub-paragraph (r) M8 insert—
s
the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.
8
In article 6(4) (qualifying EU provisions: fees), after sub-paragraph (f) insert—
g
the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.