The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020

The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 U.K.

12.  In the Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018(1)—

(a) in regulation 4(8) (amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001), in new Schedule 3, paragraph 1(o);

(b) in regulation 7(2) (interpretation), new paragraph (5);

(c) in regulation 8 (exempt and third country investment firms)—

(i) in paragraph (5)(d), new paragraph (2);

(ii) in paragraph (6)(b)(ii), new sub-paragraphs (ii)(aa) and (bb);

(iii) paragraph (6)(c)(ii);

(iv) in paragraph (7)(c)(i), new sub-paragraphs (a)(i) and (ii);

(d) in regulation 10(1)(f) (direct electronic access), new paragraph (11);

(e) in regulation 19(1)(b) (authorisation of data reporting services), new sub-paragraph (e);

(f) in regulation 25 (subject matter and scope)—

(i) in paragraph (3), new paragraph 2(a)(ii);

(ii) in paragraph (5), new paragraph 5za;

(g) in regulation 26(2)(h) (definitions), new points (64) and (65);

(h) in regulation 27 (transparency for trading venues)—

(i) in paragraph (2)(d), new paragraphs 3A(a) and 3D(a)(iii);

(ii) in paragraph (4)(f), new paragraph 4B(a)(ii);

(iii) in paragraph (5)(c), new paragraph 2B(a)(ii);

(i) in regulation 28 (transparency for systematic internalisers and investment firms trading OTC)—

(i) in paragraph (1)(d), new paragraphs 6B(a)(ii) and 6C;

(ii) in paragraph (8)(b), new paragraph 4B(a)(ii);

(iii) paragraph (10)(a);

(iv) in paragraph (10)(d), new paragraph 4(a);

(j) in regulation 30(1)(a) (derivatives), new points (d)(i)(aa) and (bb);

(k) in regulation 33 (provision of services and performance of activities by third-country firms following an equivalence decision)—

(i) in paragraph (1)—

(aa) sub-paragraph (b)(ii);

(bb) sub-paragraph (d)(i)(bb);

(ii) paragraph (2)(b)(ii);

(l) in regulation 35 (final provisions), paragraphs (2)(a)(iii) and (iv), and (3);

(m) in regulation 37(1) (transfer of functions), in new Schedule 3, paragraph 8(1);

(n) in regulation 39(3) (application, scope and definitions), new points (14) to (16);

(o) in regulation 40(6) (systematic internalisers), in new Article 16ZA, paragraph 2;

(p) in regulation 45 (underwriting and placing), paragraphs (3)(b) and (4)(c)(i) and (ii);

(q) regulation 46(5)(b) (information to clients);

(r) regulation 48(2)(e) (best execution);

(s) regulation 49(c)(ii) (eligible counterparties);

(t) regulation 50(1)(b) (record-keeping);

(u) in regulation 51(2)(d) (SME growth market), new paragraph 3;

(v) in regulation 58 (interpretation), new Article A1(a) and (b);

(w) in regulation 59(2)(b) (determining liquid markets for equity instruments), new paragraph 1A(a)(i) and (c) to (e).

Commencement Information

I1 Sch. para. 12 in force at 30.12.2020, see reg. 1

(1)

S.I. 2018/1403; relevant amending instruments are S.I. 2019/576, 710, 1212 and 1390.