- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018 No. 1184
2. The 2000 Act is amended as follows.
3.—(1) Section 285 (exemption for recognised bodies) is amended as follows.
(2) In subsection (1)—
(a)omit paragraph (c)(1); and
(b)for paragraph (d)(2) substitute—
“(d)“third country central counterparty” means a person established in a country other than the United Kingdom who has been recognised by the Bank of England as a central counterparty pursuant to Article 25 of the EMIR Regulation;”.
(3) Omit subsection (3B)(3).
(4) In subsection (3C)(4), for “ESMA” substitute “the Bank of England”.
4. In section 292(6) (overseas clearing houses)(5), omit “authorised as an EEA central counterparty or”.
5. In Schedule 17A (further provision in relation to the exercise of Part 18 functions by Bank of England)(6)—
(a)in paragraph 22, after “recognised clearing house” insert “, third country central counterparty”;
(b)in paragraph 32, after “recognised clearing houses,” insert “third country central counterparties,”;
(c)in paragraph 33, in sub-paragraph (a), after “recognised clearing houses,” insert “third country central counterparties,”; and
(d)in paragraph 36, in sub-paragraph (1), omit “EEA central counterparties,”.
Paragraph (c) was substituted by S.I. 2013/504 and amended by S.I. 2017/1064.
Paragraph (d) was substituted by S.I. 2013/504.
Subsection (3B) was inserted by S.I. 2013/504.
Subsection (3C) was inserted by S.I. 2013/504.
Section 292(6) was inserted by S.I. 2013/504.
Schedule 17A was inserted by the paragraph 1 of Schedule 7 to the Financial Services Act 2012 (c. 21). Paragraphs 22, 32 and 33 were amended by S.I. 2017/1064. Paragraph 36 was amended by the S.I. 2013/504 and S.I. 2017/1064.
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