The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013
S.I. 2013/504 · Made 6 March 2013 · Extends to United Kingdom
Financial Services And Markets
Made 6th March 2013
Laid before Parliament 7th March 2013
Coming into force in accordance with regulation 1(2)
The Treasury make the following Regulations in exercise of—C1
the powers conferred by section 2(2) of the European Communities Act 1972;
the powers conferred by sections 286 and 428(3) of the Financial Services and Markets Act 2000f5, with the approval of the Secretary of State required by section 286(2) of that Act.
The Treasury and the Secretary of State make the following Regulations in exercise of the powers conferred by sections 158(4) and (5), 174(2) to (4), 185 and 186(1) of the Companies Act 1989f6 and now vested in them jointlyf7.
Annotations to the whole text
Textual amendments
- F1
Regulations revoked (14.12.2023 for the revocation of reg. 60) 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)(iii)
Modifications
- C1
Regulations: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)
Footnotes
- f1
- f2
-
1972 c.68; section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
- f3
- f4
-
The powers originally vested in the Secretary of State under sections 155(4) and (5), and 187(3) were transferred to the Treasury by the Transfer of Functions (Financial Services) Order 1992 (S.I. 1992/1315). Powers originally vested in the Secretary of State under section 186(1) were transferred to the Treasury insofar as they relate to functions under those sections.
- f5
-
2000 c.8; section 286 was amended by S.I. 2006/2975 and 2007/126 and section 30 of, and paragraph 2 of Schedule 8 to, the Financial Services Act 2012 (c.21).
- f6
-
Section 185 was amended by S.I. 2001/3649.
- f7
-
The powers originally vested in the Secretary of State under sections 158(4) and (5), 174(2) to (4), and 185 of the Companies Act 1989 are now exercisable by the Secretary of State jointly with the Treasury: see the Transfer of Functions (Financial Services) Order 1992. Powers originally vested in the Secretary of State under section 186(1) are now exercisable by the Secretary of State jointly with the Treasury insofar as they relate to functions under those sections.
Contents
- Part 1: Citation, commencement and interpretation
- 1Citation and commencement
- 2Interpretation
- Part 2: Amendments to the Financial Services and Markets Act 2000
- 3Amendments to the Financial Services and Markets Act 2000
- Part 3: Amendments to the Companies Act 1989
- 4Amendments to the Companies Act 1989
- Part 4: Amendments to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001
- 5Amendments to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001
- Part 5: Designation of competent authorities and powers of FCA
- 6Designation of competent authorities
- 7Power of the FCA to require information
- 8Applications, notifications and reports to FCA
- 9Penalties and statements
- 10Penalties under regulation 9: procedure
- Part 6: Acquisition of control over recognised central counterparties
- 11Interpretation of Part 6
- 12Procedure in relation to proposed acquisition
- 13Restriction notices
- 14Orders for sale of shares
- 15Offences
- Part 6A: Removal of directors of recognised central counterparties
- 15ARemoval of directors of recognised central counterparties
- Part 7: Investigatory powers of ESMA with regard to trade repositories Repealed
- 15BInterpretation Repealed
- 16Records of telephone and data traffic: Article 62(1)(e) of the EMIR regulation Repealed
- 17Inspections: Article 63 of the EMIR regulation Repealed
- 18Retention of documents taken under regulation 17 Repealed
- 19Offences: Article 63 inspections Repealed
- Part 8: Consequential amendments
- 20Amendments to the Finance Act 1991
- 21Amendment to the Pension Schemes Act 1993
- 22Amendment to the Pension Schemes (Northern Ireland) Act 1993
- 23Amendments to the Pensions Act 2004
- 24Amendments to the Income Tax Act 2007
- 25Amendments to the Banking Act 2009
- 26Amendments to the Corporation Tax Act 2009
- 27Amendment to the European Communities (Enforcement of Community Judgments) Order 1972
- 28Amendment to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
- 29Amendments to the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979
- 30Amendments to the Financial Markets and Insolvency Regulations 1991
- 31Amendments to the Income Tax (Manufactured Overseas Dividends) Regulations 1993
- 32Amendments to the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
- 33Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
- 34Amendment to the Financial Services and Markets Act 2000 (Exemption) Order 2001
- 35Amendments to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
- 36Amendments to the Uncertificated Securities Regulations 2001
- 37Amendment to the Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005
- 38Amendment to the Pension Protection Fund (PPF Ombudsman) Order 2005
- 39Amendment to the Financial Assistance Scheme (Appeals) Regulations 2005
- 40Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No.9) 2009
- 41Amendments to the Investment Bank Special Administration Regulations 2011
- 42Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011
- 43Amendments to the Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty Limited) Regulations 2011
- 44Amendments to the Stamp Duty and Stamp Duty Reserve Tax (European Multilateral Clearing Facility N.V.) Regulations 2011
- 45Amendments to the Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011
- 46Amendments to the Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011
- 47Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Cassa Di Compensazione E Garanzia S.p.A.) Regulations 2011
- 48Amendments to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
- 49Amendment to the Payment to Treasury of Penalties (Enforcement Costs) Order 2013
- Part 9: Transitional and saving provisions
- 50Interpretation of Part 10
- 51Information provided to or requested by FSA
- 52Transitional and saving provisions: central counterparties
- 53Further transitional provisions: EEA and third country central counterparties
- 54Transitional and saving provisions: overseas persons
- 55Transitional and saving provisions: designation orders under the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
- 55ATransitional provisions: markets in financial instruments provisions Repealed
- 55BTransitional provision: EMIR regulation
- Part 10: Miscellaneous
- 56Warning notices and decision notices
- 57Offences
- 58References to the Tribunal
- 59Scotland
- 60Review Repealed
- Signature
- Schedule Section 191 of the Companies Act 1989: index of defined expressions
- Explanatory note