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Article 7 Financial markets

United Kingdom

(1)

A property transfer order to which this Order applies may not transfer property, rights or liabilities or include provision under the continuity powers to the extent that to do so would have the effect of modifying, modifying the operation of or rendering unenforceable—

(a)

a market contract;

(b)

the default rules of a recognised investment exchange F1, recognised clearing house or recognised CSD; or

(c)

the rules of a recognised investment exchange F2, recognised clearing house or recognised CSD as to the settlement of market contracts not dealt with under its default rules.

(2)

For the purposes of this article—

  • “default rules” has the meaning given by section 188 of the Companies Act 1989 M1;

  • “market contract” has the meaning given by section 155 of the Companies Act 1989;

  • “recognised clearing house” F3, “recognised CSD and “recognised investment exchange” have the meanings given by section 285 of the Financial Services and Markets Act 2000.

Annotations

Textual amendments

F1

Words in art. 7(1)(b) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 32(a)(i) (with regs. 7(4), 9(1))

F2

Words in art. 7(1)(c) substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 32(a)(ii) (with regs. 7(4), 9(1))

F3

Words in art. 7(2) inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 32(b) (with regs. 7(4), 9(1))

Marginal citations

M1

1989 c.40.