Regulation 9 Amendments to the Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013

(1)

The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013 M1 is amended as follows.

(2)

In article 2 (qualifying EU provisions: general)—

(a)

after paragraph (2)(g) insert—

“(h)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(b)

after paragraph (6)(c) insert—

“(d)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(c)

after paragraph (8)(d) insert—

“(e)
the CSD regulation and any directly applicable regulation made under that Regulation.”.

(3)

In article 3 (qualifying EU provisions: disciplinary measures)—

(a)

after paragraph (2)(g) insert—

“(h)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(b)

after paragraph (3)(e) insert—

“(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 FCA.”.

(4)

In article 4 (qualifying EU provisions etc.: recognised investment exchanges and clearing houses)—

(a)

after paragraph (3)(d) insert—

“(e)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(b)

after paragraph (5)(d) insert—

“(e)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(c)

after paragraph (7)(c) insert—

“(d)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(d)

after paragraph (9)(b) insert—

“(c)
the CSD regulation and any directly applicable regulation made under that Regulation.”.

(5)

In article 5 (qualifying EU provisions: injunctions and restitution)—

(a)

after paragraph (2)(g) insert—

“(h)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(b)

after paragraph (5)(f) insert—

“(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 FCA.”;

(c)

after paragraph (6)(b) insert—

“(c)
the CSD regulation and any directly applicable regulation made under that Regulation.”.

(6)

In article 6 (qualifying EU provisions: fees)—

(a)

after paragraph (2)(i) insert—

“(j)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(b)

after paragraph (4)(c) insert—

“(d)
the CSD regulation and any directly applicable regulation made under that Regulation.”;

(c)

after paragraph (6)(b) insert—

“(c)
the CSD regulation and any directly applicable regulation made under that Regulation.”.

Annotations

Marginal citations

M1: S.I. 2013/419, amended by S.I. 2013/1773.

Notes on the whole SI

Textual amendments

F1: Regulations revoked (14.12.2023 for the revocation of reg. 10) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(vii)

Notes on Part 9

Textual amendments

F1: Pts. 4-8 and Pt. 9 heading inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 5(9) (with regs. 7(4), 9(1))