- Latest available (Revised)
- Original (As made)
The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019, CHAPTER 3 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
14. Part 4A of the Act M1 (permission to carry on regulated activities) is amended as follows.
Commencement Information
I1Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M1Part 4A was inserted by section 11(2) of the Financial Services Act 2012.
15.—(1) Section 55D (firms based outside EEA) is amended as follows.
(2) In the heading, for “EEA” substitute “ the United Kingdom ”.
(3) For “non-EEA”, wherever occurring, substitute “ non-UK ”.
(4) In subsection (1)(a) for “EEA” substitute “ United Kingdom ”.
Commencement Information
I2Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
16.—(1) Section 55J M2 (variation or cancellation on initiative of regulator) is amended as follows.
(2) In subsection (6A)—
(a)in paragraph (c)—
(i)for the words from “provide” to “managers directive” substitute “ carry on the management of portfolios of investments in accordance with mandates given by investors on a discretionary, and client-by-client, basis ”;
(ii)for “the capital requirements directive” substitute “ any enactment (as amended from time to time) that immediately before [F1IP completion day] implemented provisions of the capital requirements directive ”;
(b)in paragraph (e)—
(i)for sub-paragraph (i) substitute—
“(i)an AIFMD requirement;”;
(ii)omit sub-paragraphs (ii) and (iii);
(iii)for sub-paragraph (iv), including the “or” at the end, substitute—
“(iv)an ELTIF requirement; or”;
(iv)for sub-paragraph (v) substitute—
“(v)an MMF requirement.”.
(3) After subsection (6A), insert—
“(6AA) For the purposes of subsection (6A)(e)—
(a)an AIFMD requirement is a provision of—
(i)the Alternative Investment Fund Managers Regulations 2013,
(ii)any EU regulation, originally made under the alternative investment fund managers directive, which is retained direct EU legislation,
(iii)any provision made by or under this Act that immediately before [F2IP completion day] implemented provisions of the alternative investment fund managers directive (as that implementing provision is amended from time to time), or
(iv)any subordinate legislation (within the meaning of the Interpretation Act 1978) which is made under a power substituted for a power of an EU entity to make a directly applicable regulation under the alternative investment fund managers directive by regulations made under section 8 of the European Union (Withdrawal) Act 2018;
(b)an ELTIF requirement is a provision of—
(i)Regulation (EU) No. 2015/760 of the European Parliament and of the Council of 29th April 2015 on European Long-term Investment Funds (“the ELTIF Regulation”),
(ii)any EU regulation, originally made under the ELTIF Regulation, which is retained direct EU legislation, or
(iii)any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the ELTIF Regulation on or after [F2IP completion day];
(c)an MMF requirement is a provision of—
(i)the MMF Regulation,
(ii)any EU regulation, originally made under the MMF Regulation, which is retained direct EU legislation, or
(iii)any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the MMF Regulation on or after [F2IP completion day].”.
(4) In subsection (6B)—
(a)in paragraph (c), omit “, in accordance with Chapter 11 of the mortgages directive,”;
(b)in paragraph (d)—
(i)for “implements” substitute “ sets ”;
(ii)omit “set out in the mortgages directive”.
(5) Omit subsection (7).
(6) In subsection (7ZA)—
(a)in the words before paragraph (a), after the words “managing a”, insert “ UK ”;
(b)for paragraph (c) substitute—
“(c)an MMF requirement,”.
(7) In subsection (7ZB), for the words after “requirement” substitute—
“imposed by—
(a)the market abuse regulation,
(b)any EU regulation, originally made under the market abuse regulation, which is retained direct EU legislation, or
(c)any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the market abuse regulation on or after [F3IP completion day].”.
(8) After subsection (12), insert—
“(13) In this section “enactment” has the meaning given by section 3T.”.
Textual Amendments
F1Words in reg. 16(2)(a)(ii) substituted (30.12.2020) by The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 33(c)(i)
F2Words in reg. 16(3) substituted (30.12.2020) by The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 33(c)(ii)
F3Words in reg. 16(7) substituted (30.12.2020) by The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 33(c)(iii)
Commencement Information
I3Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M2Relevant amending instruments are S.I. 2013/1773, S.I. 2013/3115, S.I. 2015/910, S.I. 2015/1882 and S.I. 2016/680.
17. In section 55K (investment firms: particular conditions that enable cancellation), in subsection (1)—
(a)in paragraph (c) omit the words from “pursuant”, in the first place it occurs, to “that Chapter,”;
(b)in paragraph (d) for the words from “the operating conditions” to “that Chapter,” substitute “ any retained direct EU legislation, or any provision made by or under this Act, which sets the operating conditions ”.
Commencement Information
I4Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
18. In section 55KA M3 (insurance undertakings etc.), in subsection (1)(b)(i), for the words from “a finance scheme” to the end substitute “ , in accordance with requirements imposed by or under this Act, a finance scheme for restoring compliance with the appropriate capital requirement; ”.
Commencement Information
I5Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M3Section 55KA was inserted by S.I. 2015/575.
19. Omit section 55PA M4 (assets requirements imposed on insurance undertakings or reinsurance undertakings).
Commencement Information
I6Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M4Section 55PA was inserted by S.I. 2015/575.
20.—(1) Section 55Q M5 (exercise of power in support of overseas regulator) is amended as follows.
(2) Omit subsection (4).
(3) In subsection (5), in the words before paragraph (a), for the words from “do so” to “EU obligation, it” substitute “ exercise its own-initiative powers in response to a request, the UK regulator ”.
(4) Omit subsection (7).
(5) In subsection (8), for “subsection” substitute “ subsections (5) and ”.
Commencement Information
I7Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M5There are other amending instruments but none is relevant.
21. In section 55R (persons connected with an applicant), omit subsections (4) to (9) M6.
Commencement Information
I8Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M6Subsections (4) to (6) were inserted by S.I. 2013/3115; subsections (7) to (9) were inserted by S.I. 2017/701; there are other amending instruments but none is relevant.
22. Omit section 55S (duty of FCA or PRA to consider other permissions).
Commencement Information
I9Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
23. Omit sections 55Z1 to 55Z2A M7 (notification of ESMA, EBA and European bodies).
Commencement Information
I10Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M7Section 55Z2 was amended by S.I. 2013/3115 and S.I. 2015/486; section 55Z2A was inserted by S.I. 2013/3115.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: