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The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017
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- UK Statutory Instruments
- 2017 No. 701
- SCHEDULE 1
- PART 1
- Paragraph 1
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Version Superseded: 27/02/2020
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- 29/06/2017- Amendment
- 21/07/2018
Point in time - 27/02/2020- Amendment
- 31/12/2020- Amendment
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Interpretation of Schedule 1U.K.
This section has no associated Explanatory Memorandum
1. In this Schedule—
“the EMIR regulation” means Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories M1;
“management body” in relation to a person (“P”) means—
(a)
the board of directors, or if there is no such board, the equivalent body responsible for the management of P; and
(b)
any other person who effectively directs the business of P;
“non-authorised counterparty” means—
(a)
a financial counterparty (within the meaning of Article 2.8 of the EMIR regulation) who is neither an authorised person nor a recognised body; or
(b)
a non-financial counterparty (within the meaning of Article 2.9 of the EMIR regulation) who meets the conditions in Article 10.1.b of that regulation;
“PRA-authorised person” has the meaning given in section 2B(5) of the Act M2;
“recognised body” has the meaning given in section 313(1) of the Act;
“senior management” has the meaning given by Article 4.1.37 of the markets in financial instruments directive.
Marginal Citations
M1OJ No L173, 12/6/2014, p84.
M2Section 2B was inserted by section 6 of the Financial Services Act 2012 (c.21).
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