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Statutory Instruments

2001 No. 3624

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001

Made

7th November 2001

Laid before Parliament

8th November 2001

Coming into force

1st December 2001

The Treasury, in exercise of the powers conferred on them by sections 349(1)(b) and (2), 417(1)( 1 ), 426, 427 and 428(3) of the Financial Services and Markets Act 2000( 2 ), hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001, and come into force on 1st December 2001.

Amendment of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001

2. —(1)The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001( 3 ) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “directive restrictions”, for “article 25 of the listing particulars directive”, substitute “article 107 of the listing particulars directive”; and

(b) for the definition of “listing particulars directive” substitute—

“listing particulars directive” means Directive 2001/34/ EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities ( 4 ) ; .

(3) In paragraph (c)(ii) of regulation 11 (application of Part IV), for “article 24c.1” substitute “article 106”.

(4) After regulation 12 insert—

12A. The National Lottery Commission may disclose information to which this Part applies to the National Audit Office for the purpose of enabling or assisting the Comptroller and Auditor General to carry out an examination under Part II of the National Audit Act 1983 ( 5 ) in relation to the Commission.

(5) In regulation 15 (disclosure of transitional information)

(a) after paragraph (3)(a)(ii) insert—

(iia) obtained or received it as mentioned in subsection (5) of that section;

(b) in paragraph (5), for “article 25.3” substitute “article 107.3”.

(6) In the table in Part 1 of Schedule 1, at the end, insert—

An investment exchange which has its head office in an EEA State other than the United Kingdom, and which is recognised as an investment exchange under the law of that state Its functions as a supervisor of financial markets

(7) In the table in Part 4 of Schedule 1, at the end, insert—

A clearing house or other similar body which has its head office in an EEA State other than the United Kingdom, and which is recognised under the law of that state as a provider of clearing or settlement services Its functions in relation to defaults or potential defaults by market participants

(8) In the table in Schedule 2, at the end, insert—

The National Lottery Commission All its public functions

Tony McNulty

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

7th November 2001

( 1 )

See the definition of “prescribed”

( 2 )

2000 c. 8 .

( 3 )

S.I. 2001/2188 , amended by S.I. 2001/3437 .

( 4 )

OJ No. L184, 6.7.2001, p.1.

( 5 )

1983 c. 44 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001 (2001/3624)

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