The Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2019

Part 1: introduction

3.  In regulation 3(1)—

(a) omit the definition of “European Supervisory Authorities”;

(b) in the definition of “fourth money laundering directive”, at the end, insert “as it had effect on 26th June 2017”;

(c) after the definition of “markets in financial instruments directive”, insert—

““markets in financial instruments regulation” means Regulation (EU) 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (as that Regulation forms part of domestic law under section 3 of the European Union (Withdrawal) Act 2018);”;

(d) in the definition of “regulated market”—

(i) for paragraph (a), substitute—

“(a) within the United Kingdom, means a UK regulated market, as defined by Article 2(1)(13A) of the markets in financial instruments regulation;”;

(ii) for paragraph (b), substitute—

“(b) outside the United Kingdom, means—

(i) within the EEA, an EU regulated market, as defined by Article 2(1)(13B) of the markets in financial instruments regulation; or

(ii) outside the EEA, a regulated financial market which subjects companies whose securities are admitted to trading to disclosure obligations which are equivalent to the specified disclosure obligations;”;

(e) omit the definition of “the Solvency 2 directive”;

(f) in the definition of “specified disclosure obligations”—

(i) for paragraph (b), substitute—

“(b) disclosure obligations consistent with the requirements in—

(i) sections 85, 87A and 87G of FSMA;

(ii) prospectus rules within the meaning of Part 6 of FSMA (see section 73A(4) of FSMA) as those rules have effect on exit day;

(iii) Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements; and

(iv) Articles 6 to 10 of Commission Delegated Regulation (EU) 2016/301 of 30 November 2015 supplementing Directive 2003/71/EC of the European Parliament and of the Council with regard to regulatory technical standards for approval and publication of the prospectus and dissemination of advertisements and amending Commission Regulation (EC) No 809/2004; and”;

(ii) for paragraph (c), substitute—

“(c) disclosure obligations consistent with the requirements in sections 4 and 5.5 of, and rules 6.1.1 to 6.1.15 in, the Disclosure Guidance and Transparency Rules source book made by the FCA under section 89A of FSMA as those rules have effect on exit day;”;

(iii) omit paragraph (d);

(g) in the definition of “third country” for “an EEA state” substitute “the United Kingdom”;

(h) after the definition of “trust or company service provider” insert—

““UK regulated market” means a recognised investment exchange within the meaning of section 285(1)(a) of FSMA, which is not an overseas investment exchange within the meaning of section 313(1) of FSMA.”.