Financial Services and Markets Act 2023

4 U.K. After Article 4 insert—

“Article 4a U.K. Suspension of waivers

1. The FCA may direct that a waiver provided for by Article 4 is suspended (whether entirely or to such an extent as may be specified in the direction) if it considers that continued use of the waiver would unduly harm price formation.

2. The suspension of a waiver by virtue of a direction under paragraph 1 may not have effect for a period longer than six months, but this does not prevent the giving of a further direction under that paragraph by which the suspension is renewed for a period no longer than six months.

3. The FCA may give a direction under paragraph 1 only if it considers that the direction is necessary to advance the FCA’s integrity objective under section 1D of FSMA.

4. In deciding whether to give a direction under paragraph 1 to suspend (or renew the suspension of) a waiver the FCA must have regard to—

(a) its consumer protection objective under section 1C of FSMA and its competition objective under section 1E of FSMA,

(b) relevant information produced under Article 3, or under equivalent pre-trading transparency requirements in other jurisdictions, about the use of the waiver in the United Kingdom, or under equivalent waiver arrangements in any other country, in relation to the financial instrument concerned, and

(c) any other relevant information available in relation to trading volumes in the financial instrument concerned, whether in the United Kingdom or elsewhere.

5. The FCA must consult the Treasury before giving a direction under paragraph 1.

6. The requirement to consult under paragraph 5 does not apply if the FCA considers it necessary by reason of urgency to give the direction before such consultation can be carried out in order to protect—

(a) the transparency of the price formation process, or

(b) the interests of consumers (within the meaning of section 1G of FSMA).”

Commencement Information

I1 Sch. 2 para. 4 not in force at Royal Assent, see s. 86(3)

I2 Sch. 2 para. 4 in force at 14.12.2023 by S.I. 2023/1382, reg. 6(b)