Regulation 38 Rules relating to third countries

(1)

Before Article 113, omit “(Articles 34(1), 35(2), 36(1), Articles 37(7)(d), 40(2)(a) and Article 42(1) of Directive 2011/61/EU)”.

(2)

In Article 113—

(a)

in paragraph 1, for “Chapter VII of Directive 2011/61/EU” substitute “regulations 33, 49 and 50 of the AIFM Regulations 2013”;

(b)

in paragraph 3, for “EU competent authorities” substitute “the FCA”;

(c)

in paragraph 4—

(i)

for “a Union competent authority”, the first time it occurs, substitute “the FCA”;

(ii)

omit the words from “to other Union” to the end of the paragraph.

(3)

In Article 114—

(a)

in paragraph 1—

(i)

for “Union competent authorities” substitute “the FCA”;

(ii)

for “Directive 2011/61/EU” substitute “FSMA and the AIFM Regulations 2013”;

(b)

in paragraph 2—

(i)

in the first sentence, for “Union competent authority’s duties under Directive 2011/61/EU” substitute “FCA’s duties”;

(ii)

in the second sentence, for “the Union competent authority” each time it appears, substitute “the FCA”;

(c)

in paragraph 3—

(i)

for “the Union competent authorities” substitute “the FCA”;

(ii)

for “Union legislation and national implementing legislation” substitute “the law applying in the United Kingdom, or in any part of the United Kingdom”.

(4)

In Article 115, for “Article 52 of Directive 2011/61/EU” substitute “regulation 9(2B) of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001^f1”.

Annotations

Footnotes

f1: S.I. 2001/2188. Paragraph (2B) was inserted into regulation 9 by S.I. 2013/1773, and amended by paragraph 278 of Schedule 19 to the Data Protection Act 2018 (c. 12).