# Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (Text with EEA relevance), Article 29: Use of a benchmark

Extent: E+W+S+N.I.

1. A supervised entity may use a benchmark or a combination of benchmarks in the United Kingdom if the benchmark:
(a) is on the FCA register; or
(b) is provided by an administrator who is on the FCA register and located in the United Kingdom.
1A. Paragraph 1 does not enable a supervised entity to use a benchmark in the United Kingdom in breach of a prohibition under Article 21A or 23B.
1B. The use of a benchmark by a supervised entity for a financial contract, financial instrument or investment fund in breach of a prohibition under Article 21A or 23B does not affect the validity or enforceability of a contract or other arrangement.
2. Where the object of a prospectus as defined in regulation 21 of the Public Offers and Admissions to Trading Regulations 2024 or a prospectus to be published in accordance with rules made by the FCA under section ... 248 of FSMA, as those rules have effect on IP completion day is transferable securities or other investment products that reference a benchmark, the issuer, offeror, or person asking for admission to trade on a regulated market shall ensure that the prospectus also includes clear and prominent information stating whether the benchmark is provided by an administrator included in the FCA register.

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Source: https://www.legislation.gov.uk/eur/2016/1011/article/29 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-1011/article-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

