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The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110755529

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under paragraph 2(2) of Schedule 2 to the European Communities Act 1972, for approval by resolution of each House of Parliament.

financial services and markets

Made ***

Coming into force in accordance with regulation 1(2)

The Treasury are a government department designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to investment firms and to the provision of investment services and to the operation of regulated markets and clearing or settlement systems and in relation to credit and financial institutions;

A draft of this instrument has been laid before Parliament in accordance with paragraph 2(2) of Schedule 2 to that Act and approved by a resolution of each House of Parliament;

The Treasury make these Regulations in exercise of the powers conferred on them by section 2(2) of that Act:

Annotations to the whole text

Footnotes

f1

S.I. 1993/2661 and 2001/3495.

f2

1972 c.68; by virtue of the amendment of section 1(2) made by section 1 of the European Economic Area Act 1993 (c. 51) regulations may be made under section 2(2) to implement obligations of the United Kingdom created by or arising under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073, OJ No L 1, 3.11.1994, p. 3) and the Protocol adjusting that Agreement signed at Brussels on 17th March 1993 (Cm 2183, OJ No L 1, 3.1.1994, p. 572). For the decision of the EEA Joint Committee in relation to Directive 2004/39/EC, see Decision No 65/2005 of 29th April 2005 (OJ No L 239, 15.9.2005, p.50).

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Amendments of primary and secondary legislation
  5. Part 2: PART IV PERMISSION: INVESTMENT FIRMS
  6. 4Regulation 4
  7. Part 3: TRANSITIONAL AND SAVING PROVISIONS
  8. 5Transitional and saving provisions: market operators
  9. 6Transitional and saving provisions: EEA firms
  10. 7Transitional provisions: UK investment firms exercising passport rights under the investment services directive
  11. 8Additional saving provision: UK investment firms
  12. 9Transitional provision: appointed representatives and tied agents
  13. 10Interpretation of Part 3
  14. Signature
  15. Schedule 1: AMENDMENTS OF PART 13 OF THE ACT
  16. 1Paragraph 1
  17. 2Paragraph 2
  18. 3Paragraph 3
  19. 4Paragraph 4
  20. Schedule 2: AMENDMENTS OF PART 18 OF THE ACT
  21. 1Paragraph 1
  22. 2Paragraph 2
  23. 3Paragraph 3
  24. 4Paragraph 4
  25. 5Paragraph 5
  26. 6Paragraph 6
  27. 7Paragraph 7
  28. 8Paragraph 8
  29. 9Paragraph 9
  30. 10Paragraph 10
  31. 11Paragraph 11
  32. 12Paragraph 12
  33. 13Paragraph 13
  34. 14Paragraph 14
  35. 15Paragraph 15
  36. 16Paragraph 16
  37. Schedule 3: PART 18A OF THE ACT
  38. 1Paragraph 1
  39. Schedule 4: AMENDMENTS OF SCHEDULE 3 TO THE ACT
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. 5Paragraph 5
  45. 6Paragraph 6
  46. 7Paragraph 7
  47. 8Paragraph 8
  48. 9Paragraph 9
  49. 10Paragraph 10
  50. 11Paragraph 11
  51. 12Paragraph 12
  52. Schedule 5: OTHER AMENDMENTS OF THE ACT
  53. 1Paragraph 1
  54. 2Amendment of section 39
  55. 3Section 39A
  56. 4Amendment of section 45
  57. 5Amendment of section 66(2)
  58. 6Amendment of section 102B
  59. 7Amendment of section 167
  60. 8Amendment of section 168
  61. 9Amendment of section 171
  62. 10Amendment of section 205
  63. 11Amendment of section 206
  64. 12Amendment of section 347
  65. 13Amendment of section 380
  66. 14Amendment of section 382
  67. 15Amendment of section 384
  68. 16Amendment of section 392
  69. 17Amendment of section 405
  70. 18Sections 412A and 412B
  71. 19Amendment of section 417
  72. 20Amendment of section 422
  73. 21Amendment of section 424A
  74. 22Amendment of section 425
  75. 23Amendment of Schedule 1
  76. 24Amendment of Schedule 6
  77. Schedule 6: CONSEQUENTIAL AMENDMENTS OF OTHER ENACTMENTS
  78. Part 1: AMENDMENTS OF PRIMARY LEGISLATION
  79. 1Amendment of the Judicial Pensions Act (Northern Ireland) 1951
  80. 2Amendment of the County Courts Act (Northern Ireland) 1959
  81. 3Amendment of the Resident Magistrates’ Pensions Act (Northern Ireland) 1960
  82. 4Amendment of the Superannuation Act 1972
  83. 5Amendment of the Consumer Credit Act 1974
  84. 6Amendment of the Judicial Pensions Act 1981
  85. 7Amendment of the Companies Act 1985
  86. 8Amendment of the Finance Act 1986
  87. 9Amendment of the Building Societies Act 1986
  88. 10Amendment of the Friendly Societies Act 1992
  89. 11Amendment of the Judicial Pensions and Retirement Act 1993
  90. 12Amendment of the Data Protection Act 1998
  91. 13Amendment of the Competition Act 1998
  92. Part 2: AMENDMENTS OF SECONDARY LEGISLATION
  93. 14Amendment of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
  94. 15Amendment of the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001
  95. 16Amendment of the Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001
  96. 17Amendment of the Insurers (Reorganisation and Winding Up) Regulations 2004
  97. 18Amendment of the Credit Institutions (Reorganisation and Winding up) Regulations 2004
  98. 19Amendment of the Financial Conglomerates and Other Financial Groups Regulations 2004
  99. 20Amendment of the Investment Recommendation (Media) Regulations 2005
  100. Schedule 7EXERCISE OF PASSPORT RIGHTS UNDER THE INVESTMENT SERVICES DIRECTIVE
  101. Explanatory note