C3C2C1C4F1PART 9ARules and Guidance
Pt. 9A applied (with modifications) (31.12.2020) by The Transparency of Securities Financing Transactions and of Reuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/542), regs. 1, 35 (as amended by S.I. 2020/1385, regs. 1(4), 56(7)) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 9A applied (31.12.2020) by The Solvency 2 and Insurance (Amendment, etc.) (EU Exit) Regulations 2019 (S.I. 2019/407), regs. 1(2), 4, Sch. 3 (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 27(a) and S.I. 2020/1385, regs. 1(2), 54(2))
Pt. 9A applied (with modifications) (31.12.2020) by The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 (S.I. 2019/335), regs. 1(1), 74 (as amended by S.I. 2020/1385, regs. 1(4), 52(7)) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 9A applied (1.7.2021) by Regulation (EU) No. 600/2014, Art. 49A(12) (as inserted by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 10 para. 9; S.I. 2021/739, reg. 3(o))
F2CHAPTER 2ATechnical Standards
Pt. 9A Ch. 2A inserted (26.10.2018) by The Financial Regulators Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 1(2), 7(8)
138SApplication of Chapters 1 and 2
1
The sections listed in subsection (2) apply, subject to the modifications specified in that subsection, to—
a
technical standards made by the FCA or the PRA as they apply to rules made by the FCA or the PRA;
b
technical standards made by the Bank of England, as they apply to rules made by the Bank under this Act in accordance with paragraph 10(1), (3) and (4) of Schedule 17A to this Act.
2
The sections referred to in subsection (1) are—
a
section 137T (general supplementary powers), as if—
i
the reference in paragraph (a) to authorised persons were a reference to persons,
ii
the reference in paragraph (b) to rules included a reference to technical standards;
b
section 138C (evidential provisions);
c
section 138E (limit on effect of contravening rules);
d
section 138F (notification of rules);
e
section 138H (verification of rules), treating the reference in subsection (2)(c) to section 138G(4) of the Act as a reference to section 138Q(4);
f
section 138I (consultation by the FCA), as if—
i
subsection (1)(a) were omitted, and
ii
references to making rules were references to submitting a standards instrument to the Treasury for approval;
g
section 138J (consultation by the PRA), as if—
i
subsection (1)(a) were omitted, and
ii
references to making rules were references to submitting a standards instrument to the Treasury for approval;
h
section 138K (consultation: mutual societies);
F3i
section 138L (consultation: general exemptions), as if—
i
in subsection (1), for “425A” there were substituted “1G”;
ii
references to making rules were references to submitting a standards instrument to the Treasury for approval.
Pt. 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.