Search Legislation

Advanced Search

The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019

Changes to legislation:

The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation, commencement and interpretation

  3. PART 2 AMENDMENT OF SUBORDINATE LEGISLATION

    1. 2.Amendments to the Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013

    2. 3.Interpretation

    3. 4.Designation of competent authorities

    4. 5.Applications, notifications and reports to the FCA

    5. 6.Penalties and statements

    6. 7.Investigatory powers of ESMA with regard to trade repositories

    7. 8.Transitional provision

  4. PART 3 AMENDMENT AND REVOCATION OF RETAINED DIRECT EU LEGISLATION

    1. CHAPTER 1 AMENDMENT OF THE EMIR REGULATION

      1. 9.Amendments to the EMIR regulation

      2. 10.Subject matter and scope

      3. 11.Definitions

      4. 12.Equivalence decisions for the purposes of the definition of OTC derivatives

      5. 13.Intragroup transactions

      6. 14.Clearing obligation

      7. 15.Clearing obligation procedure

      8. 16.Public register

      9. 17.Access to a CCP

      10. 18.Access to a trading venue

      11. 19.Reporting obligation

      12. 20.Non-financial counterparties

      13. 21.Risk-mitigation techniques for OTC derivative contracts not cleared by a CCP

      14. 22.Penalties

      15. 23.Mechanism to avoid duplicative or conflicting rules

      16. 24.Conditions for making technical standards

      17. 25.Authorisation of a CCP

      18. 26.Extension of activities and services

      19. 27.Capital requirements

      20. 28.Procedure for granting and refusing authorisation

      21. 29.College

      22. 30.Opinion of the college

      23. 31.Withdrawal of authorisation

      24. 32.Review and evaluation

      25. 33.Competent authority

      26. 34.Cooperation

      27. 35.Organisational requirements: general provisions

      28. 36.Record keeping

      29. 37.Information

      30. 38.Assessment

      31. 39.Business continuity

      32. 40.Outsourcing

      33. 41.Transparency

      34. 42.Segregation and portability

      35. 43.Margin requirements

      36. 44.Default fund

      37. 45.Liquidity risk controls

      38. 46.Default waterfall

      39. 47.Collateral requirements

      40. 48.Investment policy

      41. 49.Default procedures

      42. 50.Review of models, stress testing and back testing

      43. 51.Calculation of Kccp

      44. 52.Reporting of information

      45. 53.Risk management

      46. 54.Provision of margins among CCPs

      47. 55.Approval of interoperability arrangements

      48. 56.Trade Repositories

      49. 57.Professional secrecy

      50. 58.Exchange of information

      51. 59.Transitional and final provisions

      52. 60.List of infringements referred to in paragraph 1 of Article 65

      53. 61.List of the coefficients linked to aggravating and mitigating factors for the application of paragraph 3 of Article 65

    2. CHAPTER 2 REVOCATION OF COMMISSION DELEGATED REGULATIONS MADE UNDER THE EMIR REGULATION

      1. 62.Commission Delegated Regulation (EU) No. 1003/2013

      2. 63.Commission Delegated Regulation (EU) No. 667/2014

  5. PART 4 SPECIFIC PROVISION FOR TRADE REPOSITORIES

    1. CHAPTER 1 PRELIMINARY

      1. 64.Interpretation of Part 4

    2. CHAPTER 1A SUPERVISION OF TRADE REPOSITORIES

      1. 64A.Supervision of trade repositories

    3. CHAPTER 2 ENFORCEMENT PROVISIONS RELATING TO TRADE REPOSITORIES

      1. 65.Warning notice

      2. 66.Decision notice

      3. 67.Public censure

      4. 68.Financial penalties

      5. 69.Statement of policy

      6. 70.Statement of policy: procedure

      7. 71.Powers to issue guidance

      8. 72.Injunctions

    4. CHAPTER 3 APPLICATION OF THE FSMA FOR THE PURPOSES OF THIS PART, THE EMIR REGULATION AND THE TRATP REGULATIONS

      1. 73.Application of Part 9 of the FSMA (hearings and appeals)

      2. 74.Application of Part 9A of the FSMA (rules and guidance)

      3. 75.Application of Part 11 of the FSMA (information gathering and investigations)

      4. 76.Application of Part 26 of the FSMA (notices)

      5. 77.Application of Part 27 of the FSMA (offences)

      6. 78.Application of Schedule 1ZA to the FSMA (the Financial Conduct Authority)

  6. PART 5 TRANSITIONAL PROVISIONS: INTRAGROUP TRANSACTIONS

    1. 79.Interpretation

    2. 80.Continuation of exemptions from certain clearing obligations and risk-management obligations

    3. 81.Relevant day for the purposes of regulation 80

    4. 82.New exemptions from certain clearing obligations and risk-management obligations

    5. 83.Relevant day for the purposes of regulation 82

    6. 84.Regulations

  7. Signature

  8. Explanatory Note

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

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:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: