OpenLegislation

Article 8 Amendments to article 84 of the Order: futuresF1I1

United Kingdom

(1)

Article 84 of the Orderf1 (futures) is amended as follows.

(2)

In paragraph (1A)(d), after “directive” insert (read with Articles 5 and 6 of the Commission Regulation)”.

(3)

In paragraph (1B)(d), for “38” substitute “7”.

(4)

In paragraph (1C)(c), after “with” insert “Articles 7 and 8 of”.

(5)

After paragraph (1C), insert—

“(1CA)

Subject to paragraph (1D), any other derivative contract, relating to currencies to which paragraph 4 of Section C of Annex 1 to the markets in financial instruments directive read with Article 10 of the Commission Regulation (the texts of which are set out in Parts 1 and 2 of Schedule 2) applies.”.

(6)

In paragraph (1D)—

(a)

for “and (1C)” substitute “, (1C) and (1CA)”;

(b)

for “or forwards” substitute “, forwards or derivative contracts”;

(c)

omit “or” at the end of sub-paragraph (b);

(d)

in sub-paragraph (c), for “paragraph 8” substitute “paragraph 8 or 9”;

(e)

after sub-paragraph (c) insert—

“, or

(d)

an AIFM is providing, in accordance with Article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of Section A, or the ancillary service specified in paragraph 1 of Section B, of Annex I to the markets in financial instruments directive.”.

(7)

In paragraph (1E), for “(IC)” substitute “(1CA)”.

Annotations

Textual amendments

F1

Order revoked (14.12.2023 for the revocation of art. 17) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(xvii)

Commencement

I1

Art. 8 in force at 1.4.2017 for specified purposes and 3.1.2018 in so far as not already in force, see art. 1(2)(a)(c)

Footnotes

f1

Article 84 was amended by S.I. 2006/3384 and 2011/1613.