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

Introductory provisions

18.—(1) In regulation 2(1)—

(a) in the definition of “APA” after “regulation 10” insert “or 12A”;

(b) in the definition of “ARM”—

(i) after “regulation 10” insert “or 12A”;

(ii) for “competent authorities or to ESMA” substitute “the competent authority”;

(c) after the definition of “authorised person” insert—

““Commission Delegated Regulation (EU) 2017/565” means Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive;

“Commission Delegated Regulation (EU) 2017/571” means Commission Delegated Regulation (EU) 2017/571 of 2 June 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards on the authorisation, organisational requirements and the publication of transactions for data reporting services providers;”;

(d) for the definition of “credit institution”, substitute—

““credit institution” has the meaning given in Article 2.1.19 of the markets in financial instruments regulation;”;

(e) in the definition of “CTP” after “regulation 10” insert “or 12A”;

(f) in the definition of “data reporting service”, in sub-paragraph (b), for “competent authorities or to ESMA” substitute “the competent authority”;

(g) omit the definition of “ESMA”;

(h) in the definition of “financial instrument”, for “Article 4.1.15 of the markets in financial instruments directive”, substitute “Article 2.1.9 of the markets in financial instruments regulation”;

(i) omit the definition of “home Member State”;

(j) for the definition of “investment firm”, substitute—

““investment firm” has the meaning given in Article 2.1A of the markets in financial instruments regulation;”;

(k) for the definition of “multilateral trading facility”, substitute—

““multilateral trading facility” means a “UK multilateral trading facility” within the meaning given in Article 2.1.14A of the markets in financial instruments regulation;”;

(l) for the definition of “organised trading facility”, substitute—

““organised trading facility” means a “UK organised trading facility” within the meaning given in Article 2.1.15A of the markets in financial instruments regulation;”;

(m) for the definition of “regulated market”, substitute—

““regulated market” means a “UK regulated market” within the meaning of Article 2.1.13A of the markets in financial instruments regulation;”;

(n) for definition of “senior management” substitute—

““senior management” means natural persons who exercise executive functions within an investment firm, a market operator or a data reporting services provider and who are responsible, and accountable to the management body, for the day-to-day management of the entity, including for the implementation of the policies concerning the distribution of services and products to clients by the firm and its personnel;”;

(o) in the definition of “systematic internaliser”, for “Article 4.1.20 in the markets in financial instruments directive” substitute “Article 2.1.12 of the markets in financial instruments regulation”;

(p) in the definition of “trading venue”, for “Article 4.1.24 of the markets in financial instruments directive” substitute “Article 2.1.16 of the markets in financial instruments regulation”.

(2) In regulation 2(2), for “Title V of the markets in financial instruments directive” substitute “these Regulations”.