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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

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 14 December 2023.

See the changes not yet applied
ProvisionChangeMade by
reg. 6(3)(d)substitutedOver the Counter Derivatives (Intragroup Transactions) 2026 reg. 6(2)
reg. 8(3)words substitutedOver the Counter Derivatives (Intragroup Transactions) 2026 reg. 6(3)

Financial Services And Markets

Made 6th March 2013

Laid before Parliament 7th March 2013

Coming into force in accordance with regulation 1(2)

F1The Treasury are designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to financial services.

The Treasury make the following Regulations in exercise of—C1

(a)

the powers conferred by section 2(2) of the European Communities Act 1972;

(b)

the powers conferred by sections 155(4) and (5), 186(1) and 187(3) of the Companies Act 1989f3 and now vested in themf4;

(c)

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

S.I. 2012/1759.

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

1989 c.40.

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

  1. Part 1: Citation, commencement and interpretation
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Amendments to the Financial Services and Markets Act 2000
  5. 3Amendments to the Financial Services and Markets Act 2000
  6. Part 3: Amendments to the Companies Act 1989
  7. 4Amendments to the Companies Act 1989
  8. Part 4: Amendments to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001
  9. 5Amendments to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001
  10. Part 5: Designation of competent authorities and powers of FCA
  11. 6Designation of competent authorities
  12. 7Power of the FCA to require information
  13. 8Applications, notifications and reports to FCA
  14. 9Penalties and statements
  15. 10Penalties under regulation 9: procedure
  16. Part 6: Acquisition of control over recognised central counterparties
  17. 11Interpretation of Part 6
  18. 12Procedure in relation to proposed acquisition
  19. 13Restriction notices
  20. 14Orders for sale of shares
  21. 15Offences
  22. Part 6A: Removal of directors of recognised central counterparties
  23. 15ARemoval of directors of recognised central counterparties
  24. Part 7: Investigatory powers of ESMA with regard to trade repositories Repealed
  25. 15BInterpretation Repealed
  26. 16Records of telephone and data traffic: Article 62(1)(e) of the EMIR regulation Repealed
  27. 17Inspections: Article 63 of the EMIR regulation Repealed
  28. 18Retention of documents taken under regulation 17 Repealed
  29. 19Offences: Article 63 inspections Repealed
  30. Part 8: Consequential amendments
  31. 20Amendments to the Finance Act 1991
  32. 21Amendment to the Pension Schemes Act 1993
  33. 22Amendment to the Pension Schemes (Northern Ireland) Act 1993
  34. 23Amendments to the Pensions Act 2004
  35. 24Amendments to the Income Tax Act 2007
  36. 25Amendments to the Banking Act 2009
  37. 26Amendments to the Corporation Tax Act 2009
  38. 27Amendment to the European Communities (Enforcement of Community Judgments) Order 1972
  39. 28Amendment to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
  40. 29Amendments to the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979
  41. 30Amendments to the Financial Markets and Insolvency Regulations 1991
  42. 31Amendments to the Income Tax (Manufactured Overseas Dividends) Regulations 1993
  43. 32Amendments to the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
  44. 33Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
  45. 34Amendment to the Financial Services and Markets Act 2000 (Exemption) Order 2001
  46. 35Amendments to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
  47. 36Amendments to the Uncertificated Securities Regulations 2001
  48. 37Amendment to the Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005
  49. 38Amendment to the Pension Protection Fund (PPF Ombudsman) Order 2005
  50. 39Amendment to the Financial Assistance Scheme (Appeals) Regulations 2005
  51. 40Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No.9) 2009
  52. 41Amendments to the Investment Bank Special Administration Regulations 2011
  53. 42Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011
  54. 43Amendments to the Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty Limited) Regulations 2011
  55. 44Amendments to the Stamp Duty and Stamp Duty Reserve Tax (European Multilateral Clearing Facility N.V.) Regulations 2011
  56. 45Amendments to the Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011
  57. 46Amendments to the Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011
  58. 47Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Cassa Di Compensazione E Garanzia S.p.A.) Regulations 2011
  59. 48Amendments to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
  60. 49Amendment to the Payment to Treasury of Penalties (Enforcement Costs) Order 2013
  61. Part 9: Transitional and saving provisions
  62. 50Interpretation of Part 10
  63. 51Information provided to or requested by FSA
  64. 52Transitional and saving provisions: central counterparties
  65. 53Further transitional provisions: EEA and third country central counterparties
  66. 54Transitional and saving provisions: overseas persons
  67. 55Transitional and saving provisions: designation orders under the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
  68. 55ATransitional provisions: markets in financial instruments provisions Repealed
  69. 55BTransitional provision: EMIR regulation
  70. Part 10: Miscellaneous
  71. 56Warning notices and decision notices
  72. 57Offences
  73. 58References to the Tribunal
  74. 59Scotland
  75. 60Review Repealed
  76. Signature
  77. Schedule Section 191 of the Companies Act 1989: index of defined expressions
  78. Explanatory note