PART 2Amendment of primary legislation

The Criminal Justice Act 1993I12

In the Criminal Justice Act 1993 F1, in Schedule 1, after paragraph 5, insert—

6

An individual (“A”) is not guilty of insider dealing by virtue of dealing, or encouraging another person to deal, in securities through a trading venue in Gibraltar if A shows that A acted in conformity with—

a

the following as they have effect in Gibraltar law—

i

Article 5 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation), and

ii

each EU regulation originally made under that Article, and

b

all other applicable Gibraltar law (if any).

7

An individual (“A”) is not guilty of insider dealing by virtue of dealing, or encouraging another person to deal, in securities through a trading venue in an EEA State if A shows that A acted in conformity with—

a

the following as they apply in the EEA State—

i

Article 5 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation), and

ii

each EU regulation made under that Article, and

b

all other applicable law of the EEA State (if any).

8

For the purposes of paragraphs 6 and 7 “trading venue” has the meaning given by Article 2(1)(16) of Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, as substituted by the Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403).