# The Financial Services and Markets Act 2000 (Qualifying Provisions) Order 2013, Article 3: Qualifying provisions: disciplinary measures

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

(1) The instruments listed in paragraph (2) are specified qualifying provisions for the purposes of section 204A(2) 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 , except for Title VIII (Provision of services and performance of activities by third-country firms following an equivalence determination with or without a branch) and any directly applicable EU regulation made under that title;
(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) any directly applicable regulation made under the recovery and resolution directive;
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) the SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation;
(l) any directly applicable regulation made under the Solvency 2 Directive;
(m) the PRIIPs regulation and any directly applicable regulation made under that Regulation;
(n) the EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016;
(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(p) the MMF Regulation and any directly applicable regulation or decision made under that Regulation;
(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The appropriate regulator for the purposes of each provision in Part 14 of the Act in relation to the qualifying provisions specified by paragraph (1) is—
(a) in relation to a contravention of a requirement imposed by a directly applicable regulation made under the markets in financial instruments directive or the markets in financial instruments 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;
(b) in relation to a contravention of a requirement imposed by the emission allowance auctioning regulation , the UK auctioning regulations or any directly applicable regulation made under the UCITS directive or the alternative investment fund managers directive, the FCA;
(c) in relation to a contravention of a requirement imposed by the European market infrastructure 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;
(d) in relation to a contravention of a requirement imposed by any directly applicable regulation made under the European market infrastructure regulation, the FCA;
(e) in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCA;
(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;
(g) in relation to a contravention of a requirement imposed by any directly applicable regulation made under the recovery and resolution directive—
(i) if the authorised person concerned is a PRA-authorised person, either the PRA or the FCA;
(ii) in any other case, the FCA;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) in relation to a contravention of a requirement imposed by the SFT regulation or any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation, the FCA;
(j) in relation to a contravention of a requirement imposed by a directly applicable regulation made under the Solvency 2 Directive, the PRA;
(k) in relation to a contravention of a requirement imposed by the PRIIPs regulation or any directly applicable regulation made under that Regulation, the FCA;
(l) in relation to a contravention of a requirement imposed by the EU Benchmarks Regulation 2016 or of any directly applicable regulation made under that Regulation, the FCA;
(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(n) in relation to a contravention of a requirement imposed by the MMF Regulation or any directly applicable regulation or decision made under that Regulation, the FCA;
(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2013/419/article/3 (the official version)
Page: https://openlegislation.uk/financial-services-and-markets-act-2000-qualifying-provisions-order-2013/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.