PART II SPECIFIED ACTIVITIES
F1Chapter 15ESpecified Benchmarks
The activities
Specified benchmarks63O.
(1)
The following are specified kinds of activity—
(a)
providing information in relation to a specified benchmark;
(b)
administering a specified benchmark.
(2)
In this Chapter—
(a)
“providing information” in relation to a specified benchmark means providing any information or expression of opinion that is—
(i)
provided to, or for the purpose of passing to, a person who has permission to carry on the activity specified in paragraph (1)(b) in relation to that specified benchmark;
(ii)
required in connection with the determination of the specified benchmark; and
(iii)
provided for the purpose of determining the specified benchmark;
(b)
“administering” a specified benchmark means—
(i)
administering the arrangements for determining a specified benchmark;
(ii)
collecting, analysing or processing information or expressions of opinion provided for the purpose of determining a specified benchmark;
(iii)
determining a specified benchmark through the application of a formula or other method of calculation to the information or expressions of opinion provided for that purpose.
Publicly available factual data and subscription services63P.
A person does not carry on an activity of the kind specified by article 63O(1)(a) in relation to a specified benchmark where the information provided—
(a)
consists solely of factual data obtained from a publicly available source; or
(b)
is—
(i)
compiled by a subscription service for purposes other than in connection with the determination of a specified benchmark;
(ii)
provided to a person who has permission to carry on an activity of the kind specified by article 63O(1)(b) and who is a subscriber to the service; and
(iii)
provided to such a person only in that person’s capacity as a subscriber.
Administration of a specified benchmark by the FCA63Q.
(1)
The FCA does not carry on the activity of the kind specified by article 63O(1)(b) in relation to a specified benchmark where the FCA administers the specified benchmark itself.
(2)
Where a specified benchmark is administered by the FCA, the reference in article 63O(2)(a)(i) to a person who has permission to carry on the activity specified in 63O(1)(b) in relation to that specified benchmark is to be read as referring to the FCA.
Schedule63R.
Schedule 5 specifies benchmarks for the purposes of section 22(1A)(b) of the Act.
F2Administering a benchmark63S.
(1)
Administering a benchmark is a specified kind of activity.
(2)
In paragraph (1) “administering a benchmark” means acting as an administrator of a benchmark within the meaning of Article 3 of Regulation EU 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 .
Administration of a benchmark by the FCA63T.
The FCA does not carry on the activity of the kind specified by article 63S(1) in relation to a benchmark where the FCA administers the benchmark itself.