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Regulation 19 Cessation of temporary deemed recognition

United Kingdom

(1)

A central counterparty is, on or after F1IP completion day, to cease to be taken to be recognised pursuant to Article 25 of the EMIR Regulation in accordance with regulation 17 where any of the following conditions are met.

F2(2)

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(3)

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(4)

The F3first condition is that the Bank of England directs that the central counterparty is to cease to be taken to be recognised pursuant to Article 25 of the EMIR Regulation in accordance with regulation 17.

(5)

The F4second condition is that, in the case of a central counterparty who has submitted an application under regulation 12 or Article 25.4 of the EMIR Regulation—

(a)

the central counterparty withdraws their application; or

(b)

the application is determined by the Bank of England.

(6)

The F5third condition is that, in the case of a central counterparty which has not submitted an application under regulation 12, the period of F618 months beginning with IP completion day expires without the central counterparty having submitted an application under Article 25.4 of the EMIR Regulation during that period.

(7)

A direction may only be given under paragraph (4) where—

(a)

the Bank of England considers that there would otherwise be an adverse effect on financial stability in the United Kingdom;

(b)

the central counterparty has not made use of the recognition within the period of twelve months beginning with IP completion day, has expressly renounced the recognition or has provided no services or performed no activity for the preceding six months; or

(c)

in the case of a central counterparty who has submitted an application under regulation 12 or Article 25.4 of the EMIR Regulation, the central counterparty has made false statements in relation to the application or has sought to obtain recognition by any other irregular means.

Annotations

Textual amendments

F1

Words in reg. 19 substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 7(2)(h)

F2

Reg. 19(2)(3) omitted (26.11.2024) by virtue of The Collective Investment Schemes (Temporary Recognition) and Central Counterparties (Transitional Provision) (Amendment) Regulations 2024 (S.I. 2024/1215), regs. 1(2), 3(2)(a)

F3

Word in reg. 19(4) substituted (26.11.2024) by The Collective Investment Schemes (Temporary Recognition) and Central Counterparties (Transitional Provision) (Amendment) Regulations 2024 (S.I. 2024/1215), regs. 1(2), 3(2)(b)

F4

Word in reg. 19(5) substituted (26.11.2024) by The Collective Investment Schemes (Temporary Recognition) and Central Counterparties (Transitional Provision) (Amendment) Regulations 2024 (S.I. 2024/1215), regs. 1(2), 3(2)(c)

F5

Word in reg. 19(6) substituted (26.11.2024) by The Collective Investment Schemes (Temporary Recognition) and Central Counterparties (Transitional Provision) (Amendment) Regulations 2024 (S.I. 2024/1215), regs. 1(2), 3(2)(d)

F6

Words in reg. 19(6) substituted (31.12.2020 immediately before IP completion day) by The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 (S.I. 2020/1385), regs. 1(4), 44(4)