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Statutory Instruments

2013 No. 419

Financial Services And Markets

The Financial Services and Markets Act 2000 [F1(Qualifying Provisions)F1] Order 2013cross-notes

Made

26th February 2013

Laid before Parliament

27th February 2013

Coming into force

1st April 2013

M1,M2The Treasury, in the exercise of the powers conferred on them by the following sections of the Financial Services and Markets Act 2000 : 1A(6)(d); 1L(2)(b); 2A(6)(d); 39(4)(b); 66(2)(b), (2A)(b); 168(4)(k); 204A(2), (4); 293A; 296(1A), 297(2A)(c); 312E(2), (3); 380(6)(a), (9); 382(9)(a), (12); 384(7)(a), (10); and paragraph 23(2) of Schedule 1ZA, paragraph 31(2) of Schedule 1ZB and paragraphs 14(2)(d), 26(2)(c), 30(c) and 36(2)(b) of Schedule 17A to that Act make this Order.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Financial Services and Markets Act 2000[F2 (Qualifying Provisions)F2] Order 2013 and comes into force on 1st April 2013.

(2) For the purposes of this Order—

“ the Act ” means the Financial Services and Markets Act 2000 ;

F3...

[F4 “ the EU Benchmarks Regulation 2016 ” means Regulation EU 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 ; F4]

[[F5,F6 “ the EU Prospectus Regulation ” means Regulation (EU) No 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC ; F6,F5]]

F7...

“ the European market infrastructure regulation ” means Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories M3[F8 ;

“ EuSEF Regulation ” means Regulation ( EU ) No 346/2013 of the European Parliament and the Council of 17 April 2013 on European social entrepreneurship funds [F9 as amended by Regulation (EU) No 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds F9] ;

“ EuVECA Regulation ” means Regulation ( EU ) No 345/2013 of the European Parliament and the Council of 17 April 2013 on European venture capital funds [F10 as amended by Regulation (EU) No 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds F10,F8]] ;

[F11 “ markets in financial instruments regulation ” means 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 ; F11]

[F12 “MMF Regulation” means Regulation ( EU ) No 2017/1131 of the European Parliament and of the Council of 14th June 2017 on Money Market Funds; F12]

[F13 “ PRIIPs regulation ” means Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products ; F13]

[F14recovery and resolution directive” means Directive 2014/59/EU of the European Parliament and of the Council of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firmsF14] ;

[F15 “UK auctioning regulations” means the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 ; F15]

[F16 (3) Any reference in this Order to an EU Regulation, or part of an EU Regulation, is to be read as a reference to that EU Regulation, or that part of that EU Regulation, as amended from time to time.F16]

[F17 (4) In this Order a reference to any directly applicable regulation made under an EU directive (“the parent EU Directive”) is a reference to—

(a)any EU regulation, originally made under dfnthe parent EU Directive, which is [F18 assimilated directF18] legislation,

(b)any technical standards made in relation to dfnthe parent EU Directive in accordance with Chapter 2A of Part 9A of the Act, and

(c)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 dfnthe parent EU Directive by regulations made under section 8 of the European Union (Withdrawal) Act 2018.

(5) [F19 Subject to paragraph (5A), in F19] this Order a reference to any directly applicable regulation (or EU regulation) made under an EU regulation (“the parent Regulation”) is a reference to—

(a)any EU regulation, originally made under the parent Regulation, which is [F20 assimilated directF20] legislation;

(b)technical standards made in relation to the parent Regulation in accordance with Chapter 2A of Part 9A of the Act, and

(c)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 parent Regulation by regulations made under section 8 of the European Union (Withdrawal) Act 2018.

(5A) In this Order a reference to any directly applicable regulation (or EU regulation) made under [F21 the PRIIPs regulation, F21] the markets in financial instruments regulation or the European market infrastructure regulation (“ the parent Regulation ”) is a reference to—

(a)any EU regulation, originally made under the parent Regulation, which is [F22 assimilated directF22] legislation;

(b)technical standards made in relation to the parent Regulation in accordance with Chapter 2A of Part 9A of the Act;

(c)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 parent Regulation by regulations made under section 8 of the European Union (Withdrawal) Act 2018, and

(d)rules made under the parent Regulation.

(6) In this Order a reference to any directly applicable regulation made under Article 4(9) or 4(10) of the SFT Regulation is a reference to—

(a)any EU regulation, originally made under those Articles, which is [F23 assimilated directF23] legislation;

(b)technical standards made in relation to those Articles in accordance with Chapter 2A of Part 9A of the Act, and

(c)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 those Articles by regulations made under section 8 of the European Union (Withdrawal) Act 2018.

(7) In articles 2(2)(m), 3(2)(p) and (3)(n), 5(2)(p) and (5)(o) and 6(2)(r) the reference to any directly applicable decision made under an EU regulation is a reference to—

(a)a decision made under that regulation which is [F24 assimilated directF24] legislation, and

(b)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 decision under that regulation by regulations made under section 8 of the European Union (Withdrawal) Act 2018.F17]

[F25Qualifying provisionsF25] : general

2.—(1) The instruments listed in paragraph (2) are specified[F26 qualifying provisionsF26] for the purposes of sections 1A(6)(d), 1L(2)(b), 39(4)(b), [F2766A(4)(b)F27] and 168(4)(k) of the Act.

(2) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F28 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F28]

(b)any directly applicable regulation made under the UCITS directive;

[F29 (ba)any directly applicable regulation made under the alternative investment fund managers directive;F29]

(c)the emission allowance auctioning regulation;

[F30 (ca)the UK auctioning regulations;F30]

(d)the European market infrastructure regulation;

(e)any directly applicable regulation made under the European market infrastructure regulation;

[F31 (f)the EuSEF Regulation and any directly applicable regulation made under that Regulation;

(g)the EuVECA Regulation and any directly applicable regulation made under that RegulationF31] ;

[F32 (h)the CSD regulation and any directly applicable regulation made under that RegulationF32] ;

F33(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34 (j)the market abuse regulation and any directly applicable regulation made under that RegulationF34] ;

(k)[F35 the PRIIPs regulation and any directly applicable regulation made under that Regulation;F35]

F36(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37 (m)the MMF Regulation and any directly applicable regulation or decision made under that RegulationF37] ;

F38(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The instruments listed in paragraph (4) are also specified[F39 qualifying provisionsF39] for the purposes of sections 1A(6)(d), 1L(2)(b) and 168(4)(k) of the Act.

(4) The instruments are—

[F40 (a)the short selling regulation;F40]

[F41 (b)any directly applicable regulation made under the short selling regulation;F41]

[F42 (c)any directly applicable regulation made under the recovery and resolution directive.F42]

[F43 (4A) The SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation are specified [F44 qualifying provisionsF44] for the purposes of sections 1A(6)(d), 1L(2)(b) and 168(4)(k) of the Act.F43]

(5) The instruments listed in paragraph (6) are specified[F45 qualifying provisionsF45] for the purposes of sections [F462AB(3)(d)F46] and [F4766B(4)(b)F47] of the Act.

(6) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F48 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F48]

(b)the European market infrastructure regulation;

(c)any directly applicable regulation made under the European market infrastructure regulation;

[F49 (d)the CSD regulation and any directly applicable regulation made under that RegulationF49] ;

[F50 (e)any directly applicable regulation made under the recovery and resolution directiveF50] ;

F51(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The instruments listed in paragraph (8) are specified[F52 qualifying provisionsF52] for the purposes of section 293A of the Act.

(8) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F53 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F53]

(b)the emission allowance auctioning regulation;

[F54 (ba)the UK auctioning regulations;F54]

(c)the European market infrastructure regulation;

(d)any directly applicable regulation made under the European market infrastructure regulation;

[F55 (e)the CSD regulation and any directly applicable regulation made under that RegulationF55] ;

[F56 (f)the market abuse regulation and any directly applicable regulation made under that RegulationF56] ;

[F57 (g)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.F57]

[F58 (9) Directly applicable regulations made under the recovery and resolution directive are specified [F59 qualifying provisionsF59] for the purpose of sections [F60 66B(4)(b)F60] and 192K(1)(c) of the Act.F58]

[F61 (10) The market abuse regulation and any directly applicable regulation made under that Regulation are specified [F59 qualifying provisionsF59] for the purposes of section [F62 66A(4)(b)F62] of the Act.F61]

[F63 (11) Directly applicable regulations made under the Solvency 2 Directive are specified [F59 qualifying provisionsF59] for the purposes of sections 2A(6)(d), 39(4)(b), 66B(4)(b) and 168(4)(k) of the Act.F63]

[F64 (12) The EU Benchmarks Regulation 2016 is a specified [F65 qualifying provisionF65] for the purpose of section 1A(6)(d) of the Act.

(13) The EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016 is a specified [F66 qualifying provisionF66] for the purposes of sections 1L(2)(b), 39(4)(b), 66A(4)(b), 168(4)(k), 192K(1)(c) and 293A of the Act.F64]

[[F67,F68 (14) The EU Prospectus Regulation and any directly applicable measure made under that Regulation is a specified qualifying EU provision for the purpose of section 1A(6)(d) of the Act.F68,F67]]

[F69Qualifying provisionsF69] : disciplinary measures

3.—(1) The instruments listed in paragraph (2) are specified[F70 qualifying provisionsF70] for the purposes of section 204A(2) of the Act.

(2) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F71 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation [F72 , except for Title VIII (Provision of services and performance of activities by third-country firms following an equivalence determination with or without a branch) and any directly applicable EU regulation made under that titleF72] ;F71]

(b)any directly applicable regulation made under the UCITS directive;

[F73 (ba)any directly applicable regulation made under the alternative investment fund managers directive;F73]

(c)the emission allowance auctioning regulation;

[F74 (ca)the UK auctioning regulations;F74]

(d)the European market infrastructure regulation;

(e)any directly applicable regulation made under the European market infrastructure regulation;

[F75 (f)the EuSEF Regulation and any directly applicable regulation made under that Regulation;

(g)the EuVECA Regulation and any directly applicable regulation made under that RegulationF75] ;

[F76 (h)the CSD regulation and any directly applicable regulation made under that RegulationF76] ;

[F77 (i)any directly applicable regulation made under the recovery and resolution directiveF77] ;

F78(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79 (k)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulationF79] ;

[F80 (l)any directly applicable regulation made under the Solvency 2 DirectiveF80][F81 ;

(m)[F82 the PRIIPs regulation and any directly applicable regulation made under that Regulation;F82]

[F83 (n)the EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016F83] ;

F84(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85 (p)the MMF Regulation and any directly applicable regulation or decision made under that RegulationF85] ;

F86(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The appropriate regulator for the purposes of each provision in Part 14 of the Act in relation to the [F87 qualifying provisionsF87] specified by paragraph (1) is—

(a)in relation to a contravention of a requirement imposed by a directly applicable regulation made under the markets in financial instruments directive [F88 or the markets in financial instruments regulationF88] —

(i)if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

(ii)in any other case, the FCA;

(b)in relation to a contravention of a requirement imposed by the emission allowance auctioning regulation [F89 , the UK auctioning regulationsF89] or any directly applicable regulation made under the UCITS directive [F90 or the alternative investment fund managers directiveF90] , the FCA;

(c)in relation to a contravention of a requirement imposed by the European market infrastructure regulation—

(i)if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

(ii)in any other case, the FCA;

(d)in relation to a contravention of a requirement imposed by any directly applicable regulation made under the European market infrastructure regulation, the FCA;

[F91 (e)in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCAF91] ;

[F92 (f)in relation to a contravention of a requirement imposed by the CSD regulation or any directly applicable regulation made under the CSD regulation—

(i)if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

(ii)in any other case, the FCAF92] ;

[F93 (g)in relation to a contravention of a requirement imposed by any directly applicable regulation made under the recovery and resolution directive—

(i)if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;

(ii)in any other case, the FCAF93] ;

F94(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F95 (i)in relation to a contravention of a requirement imposed by the SFT regulation or any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation, the FCAF95] ;

[F96 (j)in relation to a contravention of a requirement imposed by a directly applicable regulation made under the Solvency 2 Directive, the PRAF96] ;

(k)[F97 in relation to a contravention of a requirement imposed by the PRIIPs regulation or any directly applicable regulation made under that Regulation, the FCA;F97]

[F98 (l)in relation to a contravention of a requirement imposed by the EU Benchmarks Regulation 2016 or of any directly applicable regulation made under that Regulation, the FCAF98] ;

F99(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100 (n)in relation to a contravention of a requirement imposed by the MMF Regulation or any directly applicable regulation or decision made under that Regulation, the FCAF100] ;

F101(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F81]

[F102Qualifying provisionsF102] etc.: recognised investment exchanges [F103, clearing houses and CSDsF103]

4.—(1) The instruments listed in paragraph (5) are specified directly applicable EU provisions for the purposes of section 296(1A) of the Act.

(2) The instruments listed in paragraph (3) are specified directly applicable EU provisions for the purposes of section 297(2A)(c) of the Act.

(3) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F104 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F104]

(b)the emission allowance auctioning regulation;

[F105 (ba)the UK auctioning regulations;F105]

(c)the European market infrastructure regulation;

(d)any directly applicable regulation made under the European market infrastructure regulation;

[F106 (e)the CSD regulation and any directly applicable regulation made under that RegulationF106] ;

[F107 (f)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.F107]

(4) The instruments listed in paragraph (5) are specified[F108 qualifying provisionsF108] for the purposes of section 312E(2)(c) of the Act.

(5) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F109 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F109]

(b)the emission allowance auctioning regulation;

[F110 (ba)the UK auctioning regulations;F110]

(c)the European market infrastructure regulation;

(d)any directly applicable regulation made under the European market infrastructure regulation;

[F111 (e)the CSD regulation and any directly applicable regulation made under that RegulationF111] ;

[F112 (f)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.F112]

(6) The instruments listed in paragraph (7) are specified[F113 qualifying provisionsF113] for the purposes of section 312E(3)(c) of the Act.

(7) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F114 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F114]

(b)the European market infrastructure regulation;

(c)any directly applicable regulation made under the European market infrastructure regulation;

[F115 (d)the CSD regulation and any directly applicable regulation made under that RegulationF115] ;

[F116 (e)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.F116]

(8) The instruments listed in paragraph (9) are specified[F117 qualifying provisionsF117] for the purposes of paragraphs 14(2)(d) and 30(c) of Schedule 17A to the Act.

(9) The instruments are—

(a)the European market infrastructure regulation;

(b)any directly applicable regulation made under the European market infrastructure regulation;

[F118 (c)the CSD regulation and any directly applicable regulation made under that Regulation.F118]

[F119 (10) The market abuse regulation and any directly applicable regulation made under that Regulation are specified [F120 qualifying provisionsF120] for the purposes of sections 296(1A) and 297(2A)(c) of the Act.F119]

[F121 (11) The SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation are specified [F120 qualifying provisionsF120] for the purposes of paragraph 14(2)(d) of Schedule 17A to the Act.F121]

[F122 (12) The EU Benchmarks Regulation 2016 or any directly applicable regulation made under that Regulation are specified [F120 qualifying provisionsF120] for the purposes of sections 296(1A), 297(2A)(c) and 312E(2)(c).F122]

[F123Qualifying provisionsF123] : injunctions and restitution

5.—(1) The instruments listed in paragraph (2) are specified[F124 qualifying provisionsF124] for the purposes of sections 380(6)(a), 382(9)(a) and 384(7)(a) of the Act.

(2) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F125 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation [F126 , except for Title VIII (Provision of services and performance of activities by third-country firms following an equivalence determination with or without a branch) and any directly applicable EU regulation made under that titleF126] ;F125]

(b)any directly applicable regulation made under the UCITS directive;

[F127 (ba)any directly applicable regulation made under the alternative investment fund managers directive;F127]

(c)the emission allowance auctioning regulation [F128, except for Article 38 (prohibition of insider dealing), Article 39 (other prohibited uses of inside information) and Article 41 (prohibition of market manipulation) of that regulationF128] ;

[F129 (ca)the UK auctioning regulations;F129]

(d)the European market infrastructure regulation;

(e)any directly applicable regulation made under the European market infrastructure regulation;

[F130 (f)the EuSEF Regulation and any directly applicable regulation made under that Regulation;

(g)the EuVECA Regulation and any directly applicable regulation made under that RegulationF130] ;

[F131 (h)the CSD regulation and any directly applicable regulation made under that RegulationF131] ;

[F132 (i)any directly applicable regulation made under the recovery and resolution directiveF132] ;

F133(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F134 (k)the market abuse regulation and any directly applicable regulation made under that Regulation, except for Article 14 (prohibition of insider dealing and of unlawful disclosure of inside information) and Article 15 (prohibition of market manipulation) of the market abuse regulationF134] ;

[F135 (l)any directly applicable regulation made under the Solvency 2 DirectiveF135] ;

[F136 (m)the PRIIPs regulation and any directly applicable regulation made under that Regulation;F136]

[F137 (n)the EU Benchmarks Regulation 2016 and any directly applicable measure made under that RegulationF137] ;

F138(o). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F139 (p)the MMF Regulation and any directly applicable regulation or decision made under itF139] ;

F140(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[[F141,F142 (r)the EU Prospectus Regulation and any directly applicable measure made under that Regulation.F142,F141]]

[F143 (3) The instruments listed in paragraph (4) are also specified [F144 qualifying EU provisionsF144] for the purposes of section 380(6)(a) and 382(9)(a) of the Act.F143]

[F145 (4) The instruments are—

(a)the short selling regulation;

(b)any directly applicable regulation made under the short selling regulation.F145]

[F146 (4A) The SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation are specified [F147 qualifying provisionsF147] for the purposes of section 380(6)(a) of the Act.F146]

(5) The appropriate regulator for the purposes of sections 380, 382 and 384 of the Act is—

(a)in relation to a contravention of a requirement imposed by a directly applicable regulation made under the markets in financial instruments directive[F148 or the markets in financial instruments regulationF148] —

(i)if the authorised person concerned is a PRA-authorised person, the PRA or the FCA;

(ii)in any other case, the FCA;

(b)in relation to a contravention of the emission allowance auctioning regulation [F149, the UK auctioning regulationsF149] or any directly applicable regulation made under the UCITS directive[F150 or the alternative investment fund managers directiveF150] , the FCA;

(c)in relation to a contravention of the European market infrastructure regulation—

(i)if the authorised person concerned is a PRA-authorised person, the PRA or the FCA;

(ii)in any other case, the FCA;

(d)in relation to a contravention of any directly applicable regulation made under the European market infrastructure regulation, the FCA;

[F151 (e)in relation to a contravention of the short selling regulation or any directly applicable regulation made under that regulation, the FCA;F151]

[F152 (f)in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCAF152] ;

[F153 (g)in relation to a contravention of the CSD regulation or any directly applicable regulation made under the CSD regulation—

(i)if the authorised person concerned is a PRA-authorised person, the PRA or the FCA;

(ii)in any other case, the FCAF153] ;

[F154 (h)in relation to a contravention of a requirement imposed by any directly applicable regulation made under the recovery and resolution directive—

(i)if the person concerned is a PRA-authorised person, or a parent undertaking of a PRA-authorised person, either the PRA or the FCA;

(ii)in any other case, the FCAF154] ;

F155(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F156 (j)in relation to a contravention of the market abuse regulation or any directly applicable regulation made under that Regulation, the FCAF156] ;

[F157 (k)in relation to a contravention of a requirement imposed by a directly applicable regulation made under the Solvency 2 Directive, the PRAF157] ;

(l)[F158 in relation to a contravention of a requirement imposed by the PRIIPs regulation or any directly applicable regulation made under that Regulation, the FCA;F158]

[F159 (m)in relation to a contravention of a requirement imposed by the EU Benchmarks Regulation 2016 or any directly applicable measure made under that Regulation, the FCAF159] ;

F160(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F161 (o)in relation to a contravention of a requirement imposed by the MMF Regulation or any directly applicable regulation or decision made under that Regulation, the FCAF161] ;

F162(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[[F163,F164 (q)in relation to a contravention of a requirement imposed by the EU Prospectus Regulation or any directly applicable measure made under that Regulation, the FCA.F164,F163]]

[F165 (5A) The appropriate regulator for the purposes of section 380 of the Act, in relation to a contravention of the SFT regulation or any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation, is the FCA.F165]

(6) The specified[F166 qualifying provisionsF166] for the purposes of paragraph 26(2)(c) of Schedule 17A to the Act are—

(a)the European market infrastructure regulation;

(b)any directly applicable regulation made under the European market infrastructure regulation;

[F167 (c)the CSD regulation and any directly applicable regulation made under that RegulationF167] ;

[F168 (d)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.F168]

[F169 (7) In paragraphs (2)(n) and (5)(m) the reference to any directly applicable measure of the EU Benchmarks Regulation 2016 is a reference to—

(a)any measure, originally adopted under that regulation, which is [F170 assimilated directF170] legislation,

(b)technical standards made under that regulation in accordance with Chapter 2A of Part 9A of the Act, and

(c)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 adopt a measure under that regulation by regulations made under section 8 of the European Union (Withdrawal) Act 2018.F169]

[F171Qualifying provisionsF171] : fees

6.—(1) The instruments listed in paragraph (2) are specified[F172 qualifying provisionsF172] for the purposes of paragraph 23(2) of Schedule 1ZA to the Act [F173and regulation 206(1)(a) of the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019;F173]

(2) The instruments are—

(a)any directly applicable regulation made under the markets in financial instruments directive;

[F174 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F174]

(b)any directly applicable regulation made under the UCITS directive;

[F175 (ba)any directly applicable regulation made under the alternative investment fund managers directive;F175]

(c)the emission allowance auctioning regulation;

[F176 (ca)the UK auctioning regulations;F176]

(d)the European market infrastructure regulation;

(e)any directly applicable regulation made under the European market infrastructure regulation;

[F177 (f)the short selling regulation;F177]

[F178 (g)any directly applicable regulation made under the short selling regulation;F178]

[F179 (h)the EuSEF Regulation and any directly applicable regulation made under that Regulation;

(i)the EuVECA Regulation and any directly applicable regulation made under that RegulationF179] ;

[F180 (j)the CSD regulation and any directly applicable regulation made under that RegulationF180] ;

[F181 (k)any directly applicable regulation made under the recovery and resolution directiveF181] ;

F182(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F183 (m)the market abuse regulation and any directly applicable regulation made under that RegulationF183] ;

[F184 (n)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulationF184] ;

(o)[F185 the PRIIPs regulation and any directly applicable regulation made under that Regulation;F185]

[F186 (p)the EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016F186] ;

F187(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F188 (r)the MMF Regulation and any directly applicable regulation or decision made under that RegulationF188] ;

F189(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[[F190,F191 (t)the EU Prospectus Regulation and any directly applicable measure made under that Regulation.F191,F190]]

(3) The instruments listed in paragraph (4) are specified[F192 qualifying provisionsF192] for the purposes of paragraph 31(2) of Schedule 1ZB to the Act [F193and regulation 206(1)(a) of the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019F193] .

(4) The instruments are—

(a)any directly applicable regulation made under the market in financial instruments directive;

[F194 (aa)the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;F194]

(b)the European market infrastructure regulation;

(c)any directly applicable regulation made under the European markets infrastructure regulation;

[F195 (d)the CSD regulation and any directly applicable regulation made under that RegulationF195] ;

[F196 (e)any directly applicable regulation made under the recovery and resolution directiveF196] ;

[F197 (f)any directly applicable regulation made under the Solvency 2 DirectiveF197] ;

F198(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The instruments listed in paragraph (6) are specified[F199 qualifying provisionsF199] for the purposes paragraph 36(2)(b) of Schedule 17A to the Act [F200and regulation 206(1)(a) of the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019F200] .

(6) The instruments are—

(a)the European market infrastructure regulation;

(b)any directly applicable regulation made under the European market infrastructure regulation;

[F201 (c)the CSD regulation and any directly applicable regulation made under that RegulationF201] ;

[F202 (d)the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.F202]

Mark Lancaster

David Evennett

Two of the Lords Commissioners of Her Majesty's Treasury

Status: The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013 is up to date with all changes known to be in force on or before 11 September 2025. 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.
The Financial Services and Markets Act 2000(Qualifying Provisions)Order 2013 (2013/419)
Version from: 27 February 2025

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 Order: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)
F1 Words in Title substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(2); 2020 c. 1, Sch. 5 para. 1(1) substituted
F2 Words in art. 1(1) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(2); 2020 c. 1, Sch. 5 para. 1(1) substituted
F3 Words in art. 1(2) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(2) omitted
F4 Words in art. 1(2) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(2) inserted
F5 Words in art. 1(2) inserted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 39(2) (with reg. 40) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F6 Words in art. 1(2) omitted (30.1.2024 for specified purposes) by virtue of The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 33 (with regs. 48-50) text omitted for certain specified purposes only, see the commentary. this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted check commentary
F7 Words in art. 1(2) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(2) omitted
F8 Words in art. 1(2) inserted (22.7.2013) by virtue of The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(2) inserted
F9 Words in art. 1(2) inserted (1.3.2018) by The Alternative Investment Fund Managers (Amendment) Regulations 2018 (S.I. 2018/134), regs. 1(2), 3(a) inserted
F10 Words in art. 1(2) inserted (1.3.2018) by The Alternative Investment Fund Managers (Amendment) Regulations 2018 (S.I. 2018/134), regs. 1(2), 3(b) inserted
F11 Words in art. 1(2) inserted (1.1.2023) by The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (S.I. 2022/1252), arts. 1(1), 3(2)(a) inserted
F12 Words in art. 1(2) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(2) inserted
F13 Words in art. 1(2) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(2)(a) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F14 Words in art. 1 inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(2) inserted
F15 Words in art. 1(2) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(2) inserted
F16 Art. 1(3) substituted for art. 1(3)(3A) (30.6.2020) by The Financial Services (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/628), regs. 1(2), 2 substituted
F17 Art. 1(4)-(7) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(3); 2020 c. 1, Sch. 5 para. 1(1) inserted
F18 Words in art. 1(4)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 10(a)(i) substituted
F19 Words in art. 1(5) substituted (1.1.2023) by The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (S.I. 2022/1252), arts. 1(1), 3(2)(b) substituted
F20 Words in art. 1(5)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 10(a)(ii) substituted
F21 Words in art. 1(5A) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(2)(b) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F22 Words in art. 1(5A)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 10(a)(iii) substituted
F23 Words in art. 1(6)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 10(a)(iv) substituted
F24 Words in art. 1(7)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 10(a)(v) substituted
F25 Words in art. 2 heading substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(a); 2020 c. 1, Sch. 5 para. 1(1) substituted
F26 Words in art. 2(1) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(a); 2020 c. 1, Sch. 5 para. 1(1) substituted
F27 Word in art. 2(1) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, 2(a) substituted
F28 Art. 2(2)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(2)(a) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F29 Art. 2(2)(ba) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(3)(a) inserted
F30 Art. 2(2)(ca) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(3)(a) inserted
F31 Art. 2(2)(f)(g) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(3)(b) inserted
F32 Art. 2(2)(h) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(2)(a) inserted
F33 Art. 2(2)(i) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(3) omitted
F34 Art. 2(2)(j) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(2)(a) inserted
F35 Art. 2(2)(k) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(3) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F36 Art. 2(2)(l) omitted (1.1.2025) by virtue of The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1239), regs. 1(2), 6(2) omitted
F37 Art. 2(2)(m) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(3) inserted
F38 Art. 2(2)(n) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(3) omitted
F39 Words in art. 2(3) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(a); 2020 c. 1, Sch. 5 para. 1(1) substituted
F40 Art. 2(4)(a) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 5(2) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F41 Art. 2(4)(b) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 5(2) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F42 Art. 2(4)(c) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(3)(a) inserted
F43 Art. 2(4A) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(2)(a) inserted
F44 Words in art. 2(4A) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(a); 2020 c. 1, Sch. 5 para. 1(1) substituted
F45 Words in art. 2(5) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(a); 2020 c. 1, Sch. 5 para. 1(1) substituted
F46 Word in art. 2(5) substituted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(2)(b) (with reg. 7) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F47 Word in art. 2(5) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, 2(b) substituted
F48 Art. 2(6)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(2)(c) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F49 Art. 2(6)(d) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(2)(b) inserted
F50 Art. 2(6)(e) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(3)(b) inserted
F51 Art. 2(6)(f) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(3) omitted
F52 Words in art. 2(7) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(a); 2020 c. 1, Sch. 5 para. 1(1) substituted
F53 Art. 2(8)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(2)(d) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F54 Art. 2(8)(ba) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(3)(b) inserted
F55 Art. 2(8)(e) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(2)(c) inserted
F56 Art. 2(8)(f) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(2)(b) inserted
F57 Art. 2(8)(g) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(2)(b) inserted
F58 Art. 2(9) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(3)(c) inserted
F59 Words in art. 2(9)-(11) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(a); 2020 c. 1, Sch. 5 para. 1(1) substituted
F60 Word in art. 2(9) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, 2(c) substituted
F61 Art. 2(10) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(2)(c) inserted
F62 Word in art. 2(10) substituted (21.11.2016) by The Financial Services (Banking Reform) Act 2013 (Consequential Amendments) (No. 2) Order 2016 (S.I. 2016/1023), arts. 1, 2(d) substituted
F63 Art. 2(11) inserted (12.10.2016) by The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (Amendment) Order 2016 (S.I. 2016/936), arts. 1(2), 2(2) inserted
F64 Art. 2(12)(13) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(3) inserted
F65 Words in art. 2(12) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(5); 2020 c. 1, Sch. 5 para. 1(1) substituted
F66 Words in art. 2(13) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(5); 2020 c. 1, Sch. 5 para. 1(1) substituted
F67 Art. 2(14) inserted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 39(3) (with reg. 40) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F68 Art. 2(14) omitted (30.1.2024 for specified purposes) by virtue of The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 34 (with regs. 48-50) text omitted for certain specified purposes only, see the commentary. this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted check commentary
F69 Words in art. 3 heading substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(b); 2020 c. 1, Sch. 5 para. 1(1) substituted
F70 Words in art. 3(1) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(b); 2020 c. 1, Sch. 5 para. 1(1) substituted
F71 Art. 3(2)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(3)(a) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F72 Words in art. 3(2)(aa) inserted (1.1.2023) by The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (S.I. 2022/1252), arts. 1(1), 3(3) inserted
F73 Art. 3(2)(ba) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(4)(a)(i) inserted
F74 Art. 3(2)(ca) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(4)(a) inserted
F75 Art. 3(2)(f)(g) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(4)(a)(ii) inserted
F76 Art. 3(2)(h) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(3)(a) inserted
F77 Art. 3(2)(i) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(4)(a) inserted
F78 Art. 3(2)(j) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(4)(a) omitted
F79 Art. 3(2)(k) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(3)(a) inserted
F80 Art. 3(2)(l) inserted (12.10.2016) by The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (Amendment) Order 2016 (S.I. 2016/936), arts. 1(2), 2(3)(a) inserted
F81 Art. 3(2)(m) inserted (1.1.2018) by The Packaged Retail and Insurance-based Investment Products Regulations 2017 (S.I. 2017/1127), reg. 1, Sch. 2 para. 7(4)(a) inserted
F82 Art. 3(2)(m) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(4)(a) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F83 Art. 3(2)(n) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(4)(b) inserted
F84 Art. 3(2)(o) omitted (1.1.2025) by virtue of The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1239), regs. 1(2), 6(3)(a) omitted
F85 Art. 3(2)(p) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(4)(a) inserted
F86 Art. 3(2)(q) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(4) omitted
F87 Words in art. 3(3) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(b); 2020 c. 1, Sch. 5 para. 1(1) substituted
F88 Words in art. 3(3)(a) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(3)(b) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F89 Words in art. 3(3)(b) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(4)(b) inserted
F90 Words in art. 3(3)(b) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(4)(b)(i) inserted
F91 Art. 3(3)(e) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(4)(b)(ii) inserted
F92 Art. 3(3)(f) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(3)(b) inserted
F93 Art. 3(3)(g) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(4)(b) inserted
F94 Art. 3(3)(h) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(4)(b) omitted
F95 Art. 3(3)(i) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(3)(b) inserted
F96 Art. 3(3)(j) inserted (12.10.2016) by The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (Amendment) Order 2016 (S.I. 2016/936), arts. 1(2), 2(3)(b) inserted
F97 Art. 3(3)(k) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(4)(b) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F98 Art. 3(3)(l) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(4)(c) inserted
F99 Art. 3(3)(m) omitted (1.1.2025) by virtue of The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1239), regs. 1(2), 6(3)(b) omitted
F100 Art. 3(3)(n) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(4)(b) inserted
F101 Art. 3(3)(o) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(4) omitted
F102 Words in art. 4 heading substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(c); 2020 c. 1, Sch. 5 para. 1(1) substituted
F103 Words in art. 4 heading substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 40 (with regs. 7(4), 9(1)) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F104 Art. 4(3)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(4)(a) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F105 Art. 4(3)(ba) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(5)(a) inserted
F106 Art. 4(3)(e) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(4)(a) inserted
F107 Art. 4(3)(f) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(4)(a) inserted
F108 Words in art. 4(4) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(c); 2020 c. 1, Sch. 5 para. 1(1) substituted
F109 Art. 4(5)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(4)(b) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F110 Art. 4(5)(ba) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(5)(b) inserted
F111 Art. 4(5)(e) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(4)(b) inserted
F112 Art. 4(5)(f) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(4)(b) inserted
F113 Words in art. 4(6) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(c); 2020 c. 1, Sch. 5 para. 1(1) substituted
F114 Art. 4(7)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(4)(c) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F115 Art. 4(7)(d) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(4)(c) inserted
F116 Art. 4(7)(e) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(4)(c) inserted
F117 Words in art. 4(8) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(c); 2020 c. 1, Sch. 5 para. 1(1) substituted
F118 Art. 4(9)(c) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(4)(d) inserted
F119 Art. 4(10) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(3) inserted
F120 Words in art. 4(10)-(12) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(c); 2020 c. 1, Sch. 5 para. 1(1) substituted
F121 Art. 4(11) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(4)(d) inserted
F122 Art. 4(12) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(5) inserted
F123 Words in art. 5 heading substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(d); 2020 c. 1, Sch. 5 para. 1(1) substituted
F124 Words in art. 5(1) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(d); 2020 c. 1, Sch. 5 para. 1(1) substituted
F125 Art. 5(2)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(5)(a) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F126 Words in art. 5(2)(aa) inserted (1.1.2023) by The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022 (S.I. 2022/1252), arts. 1(1), 3(3) inserted
F127 Art. 5(2)(ba) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(5)(a)(i) inserted
F128 Words in art. 5(2)(c) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(4)(a) inserted
F129 Art. 5(2)(ca) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(6)(a) inserted
F130 Art. 5(2)(f)(g) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(5)(a)(ii) inserted
F131 Art. 5(2)(h) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(5)(a) inserted
F132 Art. 5(2)(i) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(5)(a) inserted
F133 Art. 5(2)(j) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(5)(a) omitted
F134 Art. 5(2)(k) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(4)(b) inserted
F135 Art. 5(2)(l) inserted (12.10.2016) by The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (Amendment) Order 2016 (S.I. 2016/936), arts. 1(2), 2(4)(a) inserted
F136 Art. 5(2)(m) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(5)(a) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F137 Art. 5(2)(n) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(6)(b) inserted
F138 Art. 5(2)(o) omitted (1.1.2025) by virtue of The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1239), regs. 1(2), 6(4)(a) omitted
F139 Art. 5(2)(p) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(5)(a) inserted
F140 Art. 5(2)(q) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(5) omitted
F141 Art. 5(2)(r) inserted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 39(4)(a) (with reg. 40) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F142 Art. 5(2)(r) omitted (30.1.2024 for specified purposes) by virtue of The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 35 (with regs. 48-50) text omitted for certain specified purposes only, see the commentary. this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted check commentary
F143 Art. 5(3) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 5(3)(a) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F144 Words in art. 5(3) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(d); 2020 c. 1, Sch. 5 para. 1(1) substituted
F145 Art. 5(4) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 5(3)(b) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F146 Art. 5(4A) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(5)(a) inserted
F147 Words in art. 5(4A) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(d); 2020 c. 1, Sch. 5 para. 1(1) substituted
F148 Words in art. 5(5)(a) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(5)(b) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F149 Words in art. 5(5)(b) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(6)(b) inserted
F150 Words in art. 5(5)(b) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(5)(b)(i) inserted
F151 Art. 5(5)(e) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 5(3)(c) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F152 Art. 5(5)(f) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(5)(b)(ii) inserted
F153 Art. 5(5)(g) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(5)(b) inserted
F154 Art. 5(5)(h) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(5)(b) inserted
F155 Art. 5(5)(i) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(5)(b) omitted
F156 Art. 5(5)(j) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(4)(c) inserted
F157 Art. 5(5)(k) inserted (12.10.2016) by The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (Amendment) Order 2016 (S.I. 2016/936), arts. 1(2), 2(4)(b) inserted
F158 Art. 5(5)(l) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(5)(b) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F159 Art. 5(5)(m) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(6)(c)(ii) inserted
F160 Art. 5(5)(n) omitted (1.1.2025) by virtue of The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1239), regs. 1(2), 6(4)(b) omitted
F161 Art. 5(5)(o) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(5)(b) inserted
F162 Art. 5(5)(p) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(5) omitted
F163 Art. 5(5)(q) inserted (21.7.2019) by virtue of The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 39(4)(b) (with reg. 40) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F164 Art. 5(5)(q) omitted (30.1.2024 for specified purposes) by virtue of The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 35 (with regs. 48-50) text omitted for certain specified purposes only, see the commentary. this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted check commentary
F165 Art. 5(5A) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(5)(b) inserted
F166 Words in art. 5(6) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(d); 2020 c. 1, Sch. 5 para. 1(1) substituted
F167 Art. 5(6)(c) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(5)(c) inserted
F168 Art. 5(6)(d) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(5)(c) inserted
F169 Art. 5(7) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(6); 2020 c. 1, Sch. 5 para. 1(1) inserted
F170 Words in art. 5(7)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 9 para. 10(b) substituted
F171 Words in art. 6 heading substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(e); 2020 c. 1, Sch. 5 para. 1(1) substituted
F172 Words in art. 6(1) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(e); 2020 c. 1, Sch. 5 para. 1(1) substituted
F173 Words in art. 6(1) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(7)(a); 2020 c. 1, Sch. 5 para. 1(1) inserted
F174 Art. 6(2)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(6)(a) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F175 Art. 6(2)(ba) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(6)(a) inserted
F176 Art. 6(2)(ca) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 7(7) inserted
F177 Art. 6(2)(f) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 5(4) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F178 Art. 6(2)(g) omitted (14.1.2025 for specified purposes) by virtue of The Short Selling Regulations 2025 (S.I. 2025/29), reg. 2(2)(3), Sch. 2 para. 5(4) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F179 Art. 6(2)(h)(i) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 2 para. 22(6)(b) inserted
F180 Art. 6(2)(j) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(6)(a) inserted
F181 Art. 6(2)(k) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(6)(a) inserted
F182 Art. 6(2)(l) omitted (1.1.2024) by virtue of The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023 (S.I. 2023/1410), regs. 1(2), 8(6) omitted
F183 Art. 6(2)(m) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 22(5) inserted
F184 Art. 6(2)(n) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(6)(a) inserted
F185 Art. 6(2)(o) omitted (22.11.2024 for specified purposes) by virtue of The Consumer Composite Investments (Designated Activities) Regulations 2024 (S.I. 2024/1198), reg. 2(1)(c)(2), Sch. 2 para. 2(6) text omitted for certain specified purposes only, see the commentary. omitted check commentary
F186 Art. 6(2)(p) inserted (27.2.2018) by The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 (S.I. 2018/135), regs. 1(2), 58(7)(b) inserted
F187 Art. 6(2)(q) omitted (1.1.2025) by virtue of The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1239), regs. 1(2), 6(5) omitted
F188 Art. 6(2)(r) inserted (28.6.2018 for specified purposes, 21.7.2018 in so far as not already in force) by The Money Market Funds Regulations 2018 (S.I. 2018/698), regs. 1(2), 5(6) inserted
F189 Art. 6(2)(s) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(6) omitted
F190 Art. 6(2)(t) inserted (21.7.2019) by The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019 (S.I. 2019/1043), regs. 1(1), 39(5)(a) (with reg. 40) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F191 Art. 6(2)(t) omitted (30.1.2024 for specified purposes) by virtue of The Public Offers and Admissions to Trading Regulations 2024 (S.I. 2024/105), reg. 2(2)(3), Sch. 3 para. 36 (with regs. 48-50) text omitted for certain specified purposes only, see the commentary. this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary. omitted check commentary
F192 Words in art. 6(3) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(e); 2020 c. 1, Sch. 5 para. 1(1) substituted
F193 Words in art. 6(3) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(7)(b); 2020 c. 1, Sch. 5 para. 1(1) inserted
F194 Art. 6(4)(aa) inserted (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 3 para. 6(6)(b) (with reg. 7) this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary. inserted
F195 Art. 6(4)(d) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(6)(b) inserted
F196 Art. 6(4)(e) inserted (10.1.2015) by The Bank Recovery and Resolution (No. 2) Order 2014 (S.I. 2014/3348), art. 1(2), Sch. 3 para. 12(6)(b) inserted
F197 Art. 6(4)(f) inserted (12.10.2016) by The Financial Services and Markets Act 2000 (Qualifying EU Provisions) (Amendment) Order 2016 (S.I. 2016/936), arts. 1(2), 2(5) inserted
F198 Art. 6(4)(g) omitted (1.11.2024) by virtue of The Securitisation (Amendment) Regulations 2024 (S.I. 2024/705), reg. 1(3), Sch. 2 para. 5(6) omitted
F199 Words in art. 6(5) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(4)(e); 2020 c. 1, Sch. 5 para. 1(1) substituted
F200 Words in art. 6(5) inserted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 187(7)(c); 2020 c. 1, Sch. 5 para. 1(1) inserted
F201 Art. 6(6)(c) inserted (21.11.2014) by The Central Securities Depositories Regulations 2014 (S.I. 2014/2879), regs. 1(1), 9(6)(c) inserted
F202 Art. 6(6)(d) inserted (13.7.2016) by The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016 (S.I. 2016/715), reg. 1(2), Sch. 2 para. 4(6)(b) inserted
M1 2000 c. 8. Sections 1A to 3S were inserted by section 6 of the Financial Services Act 2012 (c.21); section 39(4) was substituted by Schedule 18 to that Act; section 66(2) and (2A) were substituted by Schedule 5 to that Act; section 168 was amended by Schedule 12 to that Act; sections 204A, 380, 382 and 384 were amended by Schedule 9 to that Act; section 293A was inserted by Schedule 8 to that Act; sections 296 and 297 were amended by Schedule 8 to that Act; section 312E was inserted by section 33 of that Act. There are other amendments to these provisions which are not relevant to this Order.
M2 Schedules 1ZA and 1ZB were inserted by Schedule 3 to the Financial Services Act 2012. Schedule 17A was inserted by Schedule 7 to that Act.
M3 OJ no L 201, 27.7.2012, p1.
Defined Term Section/Article ID Scope of Application
EuSEF Regulation art. 1. def_e3c3e0dee6
EuVECA Regulation art. 1. def_19b647ac23
markets in financial instruments regulation art. 1. def_cb6b68ccc4
MMF Regulation art. 1. def_66ee4e5011
PRIIPs regulation art. 1. def_baf48cdeb3
recovery and resolution directive art. 1. def_be36df82e2
the Act art. 1. def_26796f14a9
the EU Benchmarks Regulation 2016 art. 1. def_77f9c6830a
the EU Prospectus Regulation art. 1. def_4caec00403
the European market infrastructure regulation art. 1. def_55c2c0e087
the parent EU Directive art. 1. def_016e6ab0c0
the parent Regulation art. 1. def_37835d7dfb
the parent Regulation art. 1. def_e9d4fee642
UK auctioning regulations art. 1. def_6944f43678

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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