# The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013, Article 2: Qualifying provisions: general

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

(1) The instruments listed in paragraph (2) are specified qualifying provisions for the purposes of sections 1A(6)(d), 1L(2)(b), 39(4)(b), 66A(4)(b) and 168(4)(k) of the Act.
(2) The instruments are—
(a) any directly applicable regulation made under the markets in financial instruments directive;
(aa) the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;
(b) any directly applicable regulation made under the UCITS directive;
(ba) any directly applicable regulation made under the alternative investment fund managers directive;
(c) the emission allowance auctioning regulation;
(ca) the UK auctioning regulations;
(d) the European market infrastructure regulation;
(e) any directly applicable regulation made under the European market infrastructure regulation;
(f) the EuSEF Regulation and any directly applicable regulation made under that Regulation;
(g) the EuVECA Regulation and any directly applicable regulation made under that Regulation;
(h) the CSD regulation and any directly applicable regulation made under that Regulation;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) the market abuse regulation and any directly applicable regulation made under that Regulation;
(k) the PRIIPs regulation and any directly applicable regulation made under that Regulation;
(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m) the MMF Regulation and any directly applicable regulation or decision made under that Regulation;
(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The instruments listed in paragraph (4) are also specified qualifying provisions for the purposes of sections 1A(6)(d), 1L(2)(b) and 168(4)(k) of the Act.
(4) The instruments are—
(a) the short selling regulation;
(b) any directly applicable regulation made under the short selling regulation;
(c) any directly applicable regulation made under the recovery and resolution directive.
(4A) The SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation are specified qualifying provisions for the purposes of sections 1A(6)(d), 1L(2)(b) and 168(4)(k) of the Act.
(5) The instruments listed in paragraph (6) are specified qualifying provisions for the purposes of sections 2AB(3)(d) and 66B(4)(b) of the Act.
(6) The instruments are—
(a) any directly applicable regulation made under the markets in financial instruments directive;
(aa) the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;
(b) the European market infrastructure regulation;
(c) any directly applicable regulation made under the European market infrastructure regulation;
(d) the CSD regulation and any directly applicable regulation made under that Regulation;
(e) any directly applicable regulation made under the recovery and resolution directive;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The instruments listed in paragraph (8) are specified qualifying provisions for the purposes of section 293A of the Act.
(8) The instruments are—
(a) any directly applicable regulation made under the markets in financial instruments directive;
(aa) the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;
(b) the emission allowance auctioning regulation;
(ba) the UK auctioning regulations;
(c) the European market infrastructure regulation;
(d) any directly applicable regulation made under the European market infrastructure regulation;
(e) the CSD regulation and any directly applicable regulation made under that Regulation;
(f) the market abuse regulation and any directly applicable regulation made under that Regulation;
(g) the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation.
(9) Directly applicable regulations made under the recovery and resolution directive are specified qualifying provisions for the purpose of sections 66B(4)(b) and 192K(1)(c) of the Act.
(10) The market abuse regulation and any directly applicable regulation made under that Regulation are specified qualifying provisions for the purposes of section 66A(4)(b) of the Act.
(11) Directly applicable regulations made under the Solvency 2 Directive are specified qualifying provisions for the purposes of sections 2A(6)(d), 39(4)(b), 66B(4)(b) and 168(4)(k) of the Act.
(12) The EU Benchmarks Regulation 2016 is a specified qualifying provision for the purpose of section 1A(6)(d) of the Act.
(13) The EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016 is a specified qualifying provision for the purposes of sections 1L(2)(b), 39(4)(b), 66A(4)(b), 168(4)(k), 192K(1)(c) and 293A of the Act.
(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2013/419/article/2 (the official version)
Page: https://openlegislation.uk/financial-services-and-markets-act-2000-qualifying-provisions-order-2013/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.