Statutory Instruments
2018 No. 831
Financial Services And Markets
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2018
Made
10th July 2018
Coming into force in accordance with article 1(2)
The Treasury make the following Order in exercise of the powers conferred by sections 22(1), (1A) and (5), 419, and 428(3) of, and paragraph 25(1)(f) of Schedule 2 to, the Financial Services and Markets Act 2000( 1 ).
In the opinion of the Treasury( 2 ) one of the effects of the following Order is that an activity which is not a regulated activity (within the meaning of the Financial Services and Markets Act 2000) will become a regulated activity.
In accordance with section 429(1) of, and paragraph 26(2) of Schedule 2 to, the Financial Services and Markets Act 2000, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. —(1) This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2018.
(2) This Order comes into force on the day after the day on which is it made.
Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
2. —(1)Article 77A (alternative finance investment bonds) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001( 3 ) is amended as follows.
(2) In paragraph (2)(f)—
(a) in sub-paragraph (i) omit “or”;
(b) in sub-paragraph (ii) for “within the meaning of Article 4.1(14) of Directive 2004/39/EC
(c) after sub-paragraph (ii), insert—
“ (iii) trading on a multilateral trading facility (as defined by Article 4.1.22 of the markets in financial instruments directive); or
(iv) trading on an organised trading facility (as defined by Article 4.1.23 of the markets in financial instruments directive). ” .
Amendment to the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
3. —(1)The Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001( 4 ) is amended as follows.
(2) After article 4 insert—
“ Administering a benchmark
4A. A person who carries on an activity of the kind specified by article 63S ( 5 ) of the Regulated Activities Order (administering a benchmark) is to be regarded as carrying on that activity by way of business. ” .
Andrew Stephenson
Craig Whittaker
Two of the Lords Commissioners of Her Majesty’s Treasury
10th July 2018
2000 c. 8 . Paragraph 25 of Schedule 2 was amended, and paragraph 26 was substituted, by section 8 of the Financial Services Act 2012 (c. 21) . Section 22(1A) was inserted by section 7(1)(a) of the Financial Services Act 2012, and amended by S.I. 2018/135 .
As provided by paragraph 26(1) of Schedule 2 to the Financial Services and Markets Act 2000.
S.I. 2001/544 . Article 77A was inserted by S.I. 2010/86 and amended by S.I. 2011/133 .
Article 63S was inserted by S.I. 2018/135 .