8.—(1) The Financial Services and Markets Act 2000(1) is amended as follows.
(2) In section 203(10), in the definition of “listed activity”, for “the Annex to the second banking co-ordination directive” there is substituted “Annex 1 to the banking consolidation directive”.
(3) In section 405(5)(b), for “Article 9(4) of the second banking co-ordination directive;” there is substituted “Article 23(5) of the banking consolidation directive;”.
(4) In section 425(1)(a), for ““second banking co-ordination directive”” there is substituted ““banking consolidation directive””.
(5) In Schedule 3:
(a)in paragraph 1, for sub-paragraphs (a) and (b) there is substituted:
“(a)the banking consolidation directive;”;
(b)for paragraph 2 there is substituted:
“2. “The banking consolidation directive” means Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions;”;
(c)in paragraph 5:
(i)for sub-paragraph (b) there is substituted:
“(b)a credit institution (as defined in Article 1 of the banking consolidation directive) which is authorised (within the meaning of Article 1) by its home state regulator;”; and
(ii)for sub-paragraph (c) there is substituted:
“(c)a financial institution (as defined in Article 1 of the banking consolidation directive) which is a subsidiary of the kind mentioned in Article 19 and which fulfils the conditions in Articles 18 and 19; or”;
(d)in paragraph 19(6), for “second banking coordination directive” there is substituted “banking consolidation directive”;
(e)in paragraph 20(3), for “a banking co-ordination directive” there is substituted “the banking consolidation directive”; and
(f)in paragraph 24(1)(b), for “Article 18.2 of the second banking co-ordination directive” there is substituted “Article 19 of the banking consolidation directive”.
(6) In paragraph 20 of Schedule 11:
(a)in sub-paragraph (4), for “Council Directive No 77/780/EEC” there is substituted “the banking consolidation directive”; and
(b)in sub-paragraph (5), for “Council Directive No 89/646/EEC” there is substituted “the banking consolidation directive”.
Commencement Information
I1Reg. 8 in force at 22.11.2000, see reg. 1