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Financial Services and Markets Act 2000, Section 137Q is up to date with all changes known to be in force on or before 30 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.
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(1)The FCA may make rules (“price stabilising rules”) as to—
(a)the circumstances and manner in which,
(b)the conditions subject to which, and
(c)the time when or the period during which,
action may be taken for the purpose of stabilising the price of investments of specified kinds.
(2)Price stabilising rules—
(a)are to be made so as to apply only to authorised persons;
[F2(aa)must not apply to transactions, orders, behaviour, actions or omissions to which the market abuse regulation applies;]
(b)may make different provision in relation to different kinds of investment.
[F3(3)The FCA may make rules which, for the purposes of the relevant exemption provisions, treat a person who acts or engages in conduct in conformity with specified provisions as acting, or engaging in that conduct, in conformity with the relevant provisions of Article 5 (exemption for buy-back programmes and stabilisation) of the market abuse regulation.
(3A)“Specified provisions” means such provisions—
(a)corresponding to the relevant provisions of Article 5 of the market abuse regulation, and
(b)made by a body or authority outside the [F4United Kingdom] as may be specified in rules made by the FCA,
as may be specified in rules made by the FCA.]
(4)“The relevant exemption provisions” are the following provisions of the Financial Services Act 2012—
(a)[F5section 90(9)(d)];
(b)[F6section 91(4)(c)].
[F7(5)In this section references to Article 5 of the market abuse regulation include—
(a)any technical standards originally adopted or made under that Article which are [F8assimilated direct] legislation, and
(b)any technical standards made under that Article by the FCA.]]
Textual Amendments
F1Pt. 9A substituted for ss. 138-164 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 24(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F2S. 137Q(2)(aa) inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 10(5)(a)
F3S. 137Q(3)(3A) substituted for s. 137Q(3) (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 10(5)(b)
F4Words in s. 137Q(3A)(b) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 37(2); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in s. 137Q(4)(a) substituted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 10(5)(c)(i)
F6Words in s. 137Q(4)(b) substituted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 10(5)(c)(ii)
F7S. 137Q(5) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 37(3); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in s. 137Q(5)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 44(4)(f)
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