Article 83 Options

United Kingdom

F1(1)

Options to acquire or dispose of—

(a)

a security or contractually based investment (other than one of a kind specified by this article);

(b)

currency of the United Kingdom or any other country or territory;

(c)

palladium, platinum, gold or silver; F2...

(d)

an option to acquire or dispose of an investment of the kind specified by this article by virtue of paragraph (a), (b) or (c)F3;

(e)

subject to paragraph (4), an option to acquire or dispose of an option to which F4paragraph 5, 6, 7 or 10 of Part 1 of Schedule 2 F5...applies.

F6(2)

Subject to paragraph (4), options—

(a)

to which paragraph (1) does not apply;

(b)

which relate to commodities;

(c)

which may be settled physically; and

(d)

either—

(i)

to which paragraph 5 or 6 of F7... Part 1 of Schedule 2 F8..., applies, or

(ii)

which in accordance with F9paragraphs 5, 6 and 8 of Part 2 of Schedule 2 are to be considered as having the characteristics of other derivative financial instruments and not being for commercial purposes, and to which paragraph 7 of F10Part 1 of that Schedule applies.

(3)

Subject to paragraph (4), options—

(a)

to which paragraph (1) does not apply;

(b)

which may be settled physically; and

(c)

to which paragraph 10 of F11Part 1 of Schedule 2 F12... applies.

(4)

Paragraphs (1)(e), (2) and (3) only apply to options in relation to which—

(F13a)

an investment firm or qualifying credit institution is providing or performing investment services and activities on a professional basis,

(b)

a management company which has a Part 4A permission to do so is providing the investment service specified in paragraph 4 or 5 of Part 3 of Schedule 2 or the ancillary service specified in paragraph 1 of Part 3A of that Schedule,

(c)

a market operator is providing the investment service specified in paragraph 8 or 9 of Part 3 of that Schedule, or

(d)

a full-scope UK AIFM which has a Part 4A permission to do so is providing the investment service specified in paragraph 1, 4 or 5 of Part 3 of that Schedule or the ancillary service specified in paragraph 1 of Part 3A of that Schedule.

F14(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Art. 83(1): art. 83 renumbered as art. 83(1) (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), arts. 1(2), 26(a)
F2: Word in art. 83(1)(c) omitted (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), arts. 1(2), 26(b)(i)
F3: Art. 83(1)(e) inserted (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), arts. 1(2), 26(b)(ii)
F4: Words in art. 83(1)(e) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 156(2) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in art. 83(1)(e) omitted (23.10.2025) by virtue of The Markets in Financial Instruments (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/1020), regs. 1(2), 4(2) (with reg. 17); S.I. 2025/1078, reg. 2(b) (with reg. 11)
F6: Art. 83(2)-(5) inserted (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), arts. 1(2), 26(c)
F7: Words in art. 83(2)(d)(i) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 156(3)(a) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in art. 83(2)(d)(i) omitted (23.10.2025) by virtue of The Markets in Financial Instruments (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/1020), regs. 1(2), 4(3)(a) (with reg. 17); S.I. 2025/1078, reg. 2(b) (with reg. 11)
F9: Words in art. 83(2)(d)(ii) substituted (23.10.2025) by The Markets in Financial Instruments (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/1020), regs. 1(2), 4(3)(b) (with reg. 17); S.I. 2025/1078, reg. 2(b) (with reg. 11)
F10: Words in art. 83(2)(d)(ii) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 156(3)(b) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F11: Words in art. 83(3)(c) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 156(4) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F12: Words in art. 83(3)(c) omitted (23.10.2025) by virtue of The Markets in Financial Instruments (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/1020), regs. 1(2), 4(4) (with reg. 17); S.I. 2025/1078, reg. 2(b) (with reg. 11)
F13: Art. 83(4)(a)-(d) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 156(5) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)
F14: Art. 83(5) omitted (31.12.2020) by virtue of The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 156(6) (with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)