158.—(1) Article 85 (contracts for differences etc) is amended as follows.
(2) In paragraph (3)(b)(1), for “Section C of Annex I to the markets in financial instruments directive” substitute “Part 1 of Schedule 2”.
(3) In paragraphs (4)(2) and (4B)(3), for sub-paragraphs (a) to (d) substitute—
“(a)an investment firm or qualifying credit institution is providing or performing investment services and activities on a professional basis,
(b)a management company which has a Part 4A permission to do so is providing the investment service specified in paragraph 4 or 5 of Part 3 of Schedule 2 or the ancillary service specified in paragraph 1 of Part 3A of that Schedule,
(c)a market operator is providing the investment service specified in paragraph 8 or 9 of Part 3 of that Schedule,
(d)a full-scope UK AIFM which has a Part 4A permission to do so is providing the investment service specified in paragraph 1, 4 or 5 of Part 3 of that Schedule or the ancillary service specified in paragraph 1 of Part 3A of that Schedule.”.
(4) In paragraph (4A)(c)(4)—
(a)for “Section C of Annex I to the markets in financial instruments directive” substitute “Part 1 of Schedule 2”;
(b)for “the texts of which are set out in Parts 1 and 2 of Schedule 2” substitute “the text of which is set out in Part 2 of Schedule 2”.
(5) Omit paragraph (5)(5).
Paragraph (3) was inserted by S.I. 2006/3384.
Paragraph (4) was inserted by S.I. 2006/3384 and was amended by S.I. 2017/488.
Paragraph (4B) was inserted by S.I. 2017/488.
Paragraph (4A) was inserted by S.I. 2017/488.
Paragraph (5) was inserted by S.I. 2006/3384.