The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018

Authorisation of data reporting services

This section has no associated Explanatory Memorandum

19.—(1) In regulation 5—

(a)in paragraph (1)(b), (c) and (d), for “Article 59.2 of the markets in financial instruments directive that the firm complies with Title V of that directive”, substitute “regulation 8 that the firm complies with these Regulations”;

(b)for sub-paragraph (e), substitute—

(e)a person who is authorised in Gibraltar in accordance with the law of Gibraltar relied on by Gibraltar before exit day to implement Title V of the markets in financial instruments directive, as that law is amended from time to time..

(2) In regulation 6, in paragraph (1)(b) for “Title V of the markets in financial instruments directive it has verified in accordance with Article 59.2 of that directive” substitute “these Regulations it has verified in accordance with regulation 8”.

(3) In regulation 7, in paragraph (5), at the end insert “which form part of retained EU law, or any technical standards made by the FCA under paragraph 34 of Schedule 3 to the markets in financial instruments regulation”.

(4) In the heading to regulation 8, for “Title V of the markets in financial instruments directive” substitute “these Regulations”.

(5) In regulation 8—

(a)in paragraph (1)—

(i)omit “in accordance with Article 59.2 of the markets in financial instruments directive”;

(ii)for “Title V of that directive as it applies” substitute “these Regulations, as they apply”;

(b)in paragraph (2), in the opening words, for “Title V of the markets in financial instruments directive” substitute “these Regulations”;

(c)in paragraph (3), for “Title V of the markets in financial instruments directive” substitute “these Regulations”;

(d)omit paragraph (8);

(e)in paragraph (9), in sub-paragraph (a) of the modified version of regulation 11(1), for “Title V of the markets in financial instruments directive” substitute “these Regulations”.

(6) In regulation 9, in paragraph (1)(b), for “European Union” substitute “United Kingdom”.

(7) In regulation 10, omit paragraph (11).

(8) In regulation 11, in paragraph (1)(h)—

(a)in the opening words, for “the provisions of”, substitute “requirements imposed by or under”;

(b)omit paragraph (ii).