39.—(1) The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013 M1 is amended as follows.
(2) In article 1(2) (citation, commencement and interpretation) after the definition of “the EU Benchmarks Regulation 2016”M2, insert—
““the EU Prospectus Regulation” means Regulation (EU) No 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC.”.
(3) In article 2 (qualifying EU provisions: general), after paragraph (13) M3 insert—
“(14) The EU Prospectus Regulation and any directly applicable measure made under that Regulation is a specified qualifying EU provision for the purpose of section 1A(6)(d) of the Act.”.
(4) In article 5 M4 (qualifying EU provisions: injunctions and restitution)—
(a)after paragraph (2)(q) insert—
“(r)the EU Prospectus Regulation and any directly applicable measure made under that Regulation.”.
(b)after paragraph (5)(i) insert—
“(q)in relation to a contravention of a requirement imposed by the EU Prospectus Regulation or any directly applicable measure made under that Regulation, the FCA.”.
(5) In article 6 M5 (qualifying EU provisions: fees)—
(a)after paragraph (2)(s) insert—
“(t)the EU Prospectus Regulation and any directly applicable measure made under that Regulation.”.
Commencement Information
I1Reg. 39 in force at 21.7.2019, see reg. 1(1)
Marginal Citations
M2The definition of “the EU Benchmarks Regulation 2016” was inserted by S.I. 2018/135.
M3Paragraph (13) was inserted by S.I. 2018/135.
M4Article 5 was amended by S.I. 2013/1773, 2014/2879, 2014/3348, 2015/1882, 2016/680, 2016/715, 2016/936 and 2017/1127.
M5Article 5 was amended by S.I. 2013/1773, 2014/2879, 2014/3348, 2015/1882, 2016/680, 2016/715, 2016/936, 2017/7001, 2017/1127, 2018/698 and 2018/1288.