The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

[F1 Chapter 5A U.K. Bidding in Emissions Auctions

Textual Amendments

F1 Pt. 2 Ch. 5A inserted (20.7.2012) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2012 (S.I. 2012/1906), arts. 1, 2(3)

The activity U.K.

Bidding in emissions auctions U.K.

24A.— (1) The reception, transmission or submission of a bid at an auction of an investment of the kind specified by article 82A conducted—

(a) on a recognised auction platform [F2 in accordance with the UK auctioning regulations], or

(b) on [F3 an] auction platform which has been appointed under the emission allowance auctioning regulation [F4 in accordance with that regulation],

is a specified kind of activity.

(2) An activity which falls within paragraph (1) (or would do so but for the exclusions in article 24B) does not form part of any other activity specified under any other article of this Order.

(3) In this article, “recognised auction platform” has the meaning given in regulation 1(3) of the Recognised Auction Platform Regulations 2011.

Textual Amendments

F2 Words in art. 24A(1)(a) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(3)(a)

F3 Word in art. 24A(1)(b) substituted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(3)(b)(i)

F4 Words in art. 24A(1)(b) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(3)(b)(ii)

Exclusions U.K.

Miscellaneous exclusions U.K.

24B.— (1) There is excluded from article 24A any activity carried on by—

(a) an operator or an aircraft operator having an operator holding account, in either case bidding on its own account, including any parent undertaking, subsidiary undertaking or [F5 affiliated undertaking] forming part of the same group of undertakings as the operator or the aircraft operator;

(b) business groupings of persons listed in sub-paragraph (a) bidding on their own account or acting as an agent on behalf of their members; or

(c) public bodies or state-owned entities of the Member States [F6 or of the United Kingdom] that control any of the persons listed in sub-paragraph (a).

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this article, the expressions “parent undertaking”, “subsidiary undertaking”, [F8 "affiliated undertaking"], “business grouping”, “public bodies” and “state-owned entities” have the same meaning as in the [F9 UK auctioning regulations].]

Textual Amendments

F5 Words in art. 24B(1)(a) substituted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(4)(a)(i)

F6 Words in art. 24B(1)(c) inserted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(4)(a)(ii)

F7 Art. 24B(2) omitted (22.4.2021) by virtue of The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(4)(b)

F8 Words in art. 24B(3) substituted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(4)(c)(i)

F9 Words in art. 24B(3) substituted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 3(4)(c)(ii)