- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/12/2020)
- Gwreiddiol (a wnaed Fel)
Point in time view as at 31/12/2020.
The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017, Section 1 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1.—(1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017.
(2) These Regulations come into force on 29th June 2017 —
(a)to enable the following to be done under the Act, as amended and applied by these Regulations—
(i)rules to be made under section 137R M1 (financial promotion rules) of the Act;
(ii)rules to be made under sections 213 M2 (the compensation scheme) or 214 M3 (general) of the Act;
(iii)rules to be made under paragraph 23 of Schedule 1ZA M4 (the Financial Conduct Authority) to the Act, including rules that may be made as a result of amendments by these Regulations to the Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013 M5;
(iv)fees to be charged under any rules that are made by virtue of paragraph (iii); and
F1(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)to enable rules to be made under regulation 11 (FCA rules) of the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001 M6.
(3) These Regulations come into force on 3rd July 2017—
(a)to enable—
(i) applications to be made under regulation 4;
(ii)directions to be given under regulation 16(1) to establish position limits applying on or after 3rd January 2018;
(iii)applications to be made, directions to be given, and requirements to be imposed, under regulation 17;
(iv)requirements to be imposed and directions to be given under regulation 27;
(v)requirements to be imposed under regulations 31 and 33; and
(vi)the FCA and the PRA to prepare and issue a statement of policy under paragraph 14 of Schedule 1; and
(b)to enable notifications to be given, reports or applications to be made, directions to be given, and requirements to be imposed under regulation 47 for the purposes of—
(i)[F2any UK legislation which was relied on by the United Kingdom before IP completion day to implement] the markets in financial instruments directive, including any [F3retained EU law] made under the directive, as it has effect on or after 3rd January 2018; and
(ii)the markets in financial instruments regulation, including any [F3retained EU law] made under that regulation, as it applies under Article 55 M7 of that regulation; and
(c)for the purposes of—
(i)paragraphs 6, 7, 16, 19, 20, 22, 23 and 28 of Schedule 1; and
(ii)paragraphs 25 and 26 of that Schedule in so far as they relate to a matter referred to in sub-paragraph (a) or (b) or in paragraph (i) of this sub-paragraph.
(4) These Regulations come into force on 31st July 2017 —
(a)to enable the following to be done under the Act, as amended and applied by these Regulations—
(i)notices to be given or sent under section 312A(1)(b) M8 (exercise of passport rights by EEA market operator) or 312C M9 (exercise of passport rights by recognised investment exchange) of the Act;
(ii)entries to be added, removed, or altered in the record the FCA maintains under section 347(1) M10 of the Act;
(iii)notices relating to any relevant regulated activity to be given or received under paragraph 13(1) M11, (1B) M12, or (1C) M13 of Schedule 3 to the Act ;
(iv)the PRA to give consent under paragraph 13(1D) M14 of that Schedule;
(v)preparations to be made under paragraph 13(1E) M15 or (1F) M16 of that Schedule;
(vi)notices relating to any relevant regulated activity to be given or received under paragraph 14(1)(ba) M17, (1B) M18, or (1C) M19 of that Schedule ;
(vii)preparations to be made under paragraph 14(1D) M20 or 14(1E) M21 of that Schedule; and
(viii)notices relating to any relevant regulated activity to be given or received under paragraph 19(2) M22, (4) M23, (7B) M24, (8) M25, (11) M26, or (12) M27, or paragraph 20(1) M28, (3) M29, or (4) M30 of that Schedule; and
(b)to enable notices to be given under the following provisions of the Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 M31 for the purposes of Schedule 3 to the Act, as amended and applied by these Regulations—
(i)regulation 4 M32 (management companies, credit institutions and financial institutions: changes);
(ii)regulation 4A M33 (investment firms: changes to branch details);
(iii)regulation 5A M34 (investment firms: changes to services);
(iv)regulation 11 M35 (UK management companies, credit institutions and financial institutions);
(v)regulation 11A M36 (UK investment firms: changes to branch details); and
(vi)regulation 12A M37 (UK investment firms: changes to services).
(5) In paragraph (4) “relevant regulated activity” means a regulated activity which relates to any specified activity or specified investment in Part 2 or 3 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M38 that was amended or inserted by the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017 M39.
(6) These Regulations come into force for all other purposes on 3rd January 2018.
Textual Amendments
F1Reg. 1(2)(a)(v) omitted (31.12.2020) by virtue of The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 6(a) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 1(3)(b)(i) inserted (31.12.2020) by S.I. 2018/1403, reg. 6(b)(ii) (as substituted by The Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/710), regs. 1(2), 16(3) (as amended by The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 43(c)); 2020 c. 1, Sch. 5 para. 1(1))
F3Words in reg. 1(3)(b) substituted (31.12.2020) by S.I. 2018/1403, reg. 6(b)(i) (as substituted by The Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/710), regs. 1(2), 16(3); 2020 c. 1, Sch. 5 para. 1(1))
Marginal Citations
M1Section 137R was inserted by section 24(1) of the Financial Services Act 2012.
M2Section 213 was amended by S.I. 2011/1613 and paragraph 1 and 3 of Schedule 10 to the Financial Services Act 2012.
M3Section 214 was amended by section 174(1) of the Banking Act 2009 (c.1) and paragraph 1 and 4 of Schedule 10 to the Financial Services Act 2012
M4Schedule IZA was inserted by paragraph 1 of Schedule 3 to the Financial Services Act 2012.
M6S.I. 2001/995, to which there are amendments not relevant to these Regulations.
M7Article 55 was amended by Article 1.14 of Regulation (EU) No 2016/1033 of the European Parliament and of the Council of 23 June 2016 amending Regulation (EU) no 600/2014 on markets in financial instruments, Regulation (EU) No 596/2014 on market abuse and Regulation (EU) No 909/2014 on improving securities settlement in the European Union and on central securities depositories (OJ L 175, 30.6.2016, p. 1).
M8Section 312A(1)(b) was inserted by S.I. 2007/126 and amended by paragraph 33 of Schedule 8 to the Financial Services Act 2012.
M9Section 312C was inserted by S.I. 2007/126 and amended by paragraph 35 of Schedule 8 to the Financial Services Act 2012.
M10Section 347(1) was amended by S.I. 2007/126, 2013/1388, and 2015/910.
M11Paragraph 13(1) was amended by S.I. 2003/1473 and 2015/910.
M12Paragraph 13 (1B) was inserted by paragraph 2(3) of Schedule 4 to the Financial Services Act 2012.
M13Paragraph 13(1C) was inserted by paragraph 2(3) of Schedule 4 to the Financial Services Act 2012.
M14Paragraph 13(1D) was inserted by paragraph 2(3) of Schedule 4 to the Financial Services Act 2012.
M15Paragraph 13(1E) was inserted by paragraph 2(3) of Schedule 4 to the Financial Services Act 2012.
M16Paragraph 13(1F) was inserted by paragraph 2(3) of Schedule 4 to the Financial Services Act 2012.
M17Paragraph 14(1)(ba) was inserted by S.I. 2007/126 and amended by paragraph 3(2) of Schedule 4 to the Financial Services Act 2012.
M18Paragraph 14(1B) was inserted by paragraph 3(3) of Schedule 4 to the Financial Services Act 2012.
M19Paragraph 14(1C) was inserted by paragraph 3(3) of Schedule 4 to the Financial Services Act 2012.
M20Paragraph 14(1D) was inserted by paragraph 3(3) of Schedule 4 to the Financial Services Act 2012.
M21Paragraph 14(1E) was inserted by paragraph 3(3) of Schedule 4 to the Financial Services Act 2012.
M22Paragraph 19(2) was amended by paragraph 10(2) of Schedule 4 to the Financial Services Act 2012.
M23Paragraph 19(4) was amended by was amended by paragraph 10(2) of Schedule 4 to the Financial Services Act 2012.
M24Paragraph 19(7B) was inserted by S.I. 2007/126 and amended by paragraph 10(2) of Schedule 4 to the Financial Services Act 2012.
M25Paragraph 19(8) was amended by paragraph 10(2) of Schedule 4 to the Financial Services Act 2012.
M26Paragraph 19(11) was amended by paragraph 10(2) of Schedule 4 to the Financial Services Act 2012.
M27Paragraph 19(12) was amended by S.I. 2003/2066, paragraph 10(2) of Schedule 4 to the Financial Services Act 2012, and S.I. 2013/3115.
M28Paragraph 20(1) was amended by S.I. 2007/3253, paragraph 11(2) of Schedule 4 to the Financial Services Act 2012, S.I. 2013/1773, and S.I. 2015/575.
M29Paragraph 20(3) was amended by S.I. 2003/2066, S.I. 2007/126, paragraph 11(2) of Schedule 4 to the Financial Services Act 2012, S.I. 2013/3115, and S.I. 2015/910.
M30Paragraph 20(4) was amended by S.I. 2001/1376 and paragraph 11(2) of Schedule 4 to the Financial Services Act 2012
M32Regulation 4 was amended by S.I. 2003/2066, 2006/3385, and 2013/642.
M33Regulation 4A was inserted by S.I. 2006/3385.
M34Regulation 5A was inserted by S.I. 2006/3385.
M35Regulation 11 was amended by S.I. 2006/3385, 2003/2066, 2013/642, and 2013/3115.
M36Regulation 11A was inserted by S.I. 2006/3385 and amended by S.I. 2013/642.
M37Regulation 12A was inserted by S.I. 2006/3385 and amended by S.I. 2013/642.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys