The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/1403 |
(1) These Regulations may be cited as the Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018.(2) This regulation, regulations 2, 3, 15(5) , for the purpose only of inserting regulation 47B into the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (3) The other provisions in these Regulations come into force on exit day.After regulation 2 of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017, insert— Any reference in these Regulations to any EU Regulation, EU decision or EU tertiary legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) is, unless the contrary intention appears, to be treated as a reference to that EU regulation, EU decision or EU tertiary legislation as it F226forms part of retained EU law.After regulation 2 of the Data Reporting Services Regulations 2017
Any reference in these Regulations to any EU Regulation, EU decision or EU tertiary legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) is, unless the contrary intention appears, to be treated as a reference to that EU regulation, EU decision or EU tertiary legislation as it has effect on the day on which the Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 are made.(1) The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (2) For the heading to Schedule 2, substitute “ Financial Instruments and Investment services and activities ” .omit the heading “Section C of Annex 1 to the Markets in Financial Instruments Directive”;for “regulated market, an MTF or an OTF” substitute “ UK regulated market, a UK MTF or a UK OTF (as defined by Article 2(1) (13A) , (14A) and (15A) respectively of the markets in financial instruments regulation) ” ;for “traded on an OTF” substitute “ traded on a UK OTF ” ;in paragraph 7 F8, after “commercial purposes” insert “ or wholesale energy products traded on an EU OTF (as defined by Article 2(1) (15B) of the markets in financial instruments regulation) F172that must be physically settled” ;in paragraph 10, for “regulated market, OTF, or an MTF” substitute “ a UK regulated market, a UK OTF, or a UK MTF (as defined by Article 2(1) (13A) , (15A) and (14A) respectively of the markets in financial instruments regulation) ” .in the opening words of paragraph 1, for “Section C(6) of Annex 1 to Directive 2014/65/EU” substitute “ F173paragraphs 6 and 7 of Part 1 of Schedule 2 to this Order ” ;in paragraphs 3, 4, 5, 6 and 7, for “Section C(6) of Annex 1 to Directive 2014/65/EU” substitute “ F174paragraphs 6 and 7 of Part 1 of Schedule 2 to this Order ” ;in paragraphs 1 and 2, for “Section C(6) of Annex 1 to Directive 2014/65/EU” substitute “ paragraph 6 of Part 1 of Schedule 2 to this Order ” ;in paragraph 3, for “Section C(6) of Annex 1 to Directive 2014/65/EU” substitute “ paragraphs 6 and 7 of Schedule 2 to this Order ” ;in the opening words, for “Section C(7) of Annex 1 to Directive 2014/65/EU” substitute “ paragraph 7 of Part 1 of Schedule 2 to this Order ” ;for sub-paragraph (a) (i) , substitute—“ a UK regulated market, a UK MTF, a UK OTF (as defined by Article 2(1) (13A) , (14A) and (15A) respectively of the markets in financial instruments regulation) ; ” ;in sub-paragraph (a) (iii) , for “a regulated market, MTF, an OTF”, substitute “ a UK regulated market, a UK MTF, a UK OTF ” ;in the opening words, for “Section C(10) of Annex 1 to Directive 2004/39/EC” substitute “ paragraph 10 of Part 1 of Schedule 2 to this Order ” ;in sub-paragraph (b) , omit the words from “, or a third country” to the end of the sub-paragraph;for “Section C(7) of Annex I to Directive 2014/65/EU” substitute “ paragraph 7 of Part 1 of Schedule 2 to this Order ” ;for “Sections C(7) and (10) of that Annex” substitute “ paragraphs 7 and 10 of Part 1 of Schedule 2 to this Order ” ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in the heading, for “Section C(10) of Annex 1 to Directive 2014/65/EU” substitute “ paragraph 10 of Part 1 of Schedule 2 ” ;for “Section C(10) of Annex I to Directive 2014/65/EU” substitute “ paragraph 10 of Part 1 of Schedule 2 to this Order ” ;for “that Section”, both times it appears, substitute “ that Part ” ;in point (d) , for “Section C(4) of Annex I to Directive 2014/65/EU” substitute “ paragraph 4 of Part 1 of Schedule 2 to this Order ” ;in point (e) , for “units recognised for compliance with the requirements of Directive 2003/87/EC of the European Parliament and of the Council” substitute “ emission allowances referred to in paragraph 11 of Part 1 of Schedule
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