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[F1SCHEDULE 2U.K.SECTIONS A AND C OF ANNEX I TO THE MARKETS IN FINANCIAL INSTRUMENTS DIRECTIVE AND RELATED [F2COMMUNITY] [F2EU] SUBORDINATE LEGISLATION

Textual Amendments

F1Sch. 2 substituted (1.4.2007 for specified purposes, 1.11.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), arts. 1(2), 29

PART 1U.K.SECTION C OF ANNEX I TO THE MARKETS IN FINANCIAL INSTRUMENTS DIRECTIVE

“Financial instrumentsU.K.

1.  Transferable securities;U.K.

2.  Money-market instruments;U.K.

3.  Units in collective investment undertakings;U.K.

4.  Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, [F3emission allowances] or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash;U.K.

Textual Amendments

5.  Options, futures, swaps, [F4forward rate agreements] [F4forwards] and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties ([F5otherwise] [F5other] than by reason of a default or other termination event);U.K.

Textual Amendments

6.  Options, futures, swaps, and any other derivative [F6contracts] [F6contract] relating to commodities that can be physically settled provided that they are traded on a regulated market [F7and/or an MTF] [F7, an MTF, or an OTF, except for wholesale energy products traded on an OTF that must be physically settled];U.K.

Textual Amendments

7.  [F8Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in C.6 and not being for commercial purposes, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are cleared and settled through recognised clearing houses or are subject to regular margin calls;]U.K.

[F8Option, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in point 6 of this Section and not being for commercial purposes, which have the characteristics of other derivative financial instruments;]

Textual Amendments

8.  Derivative instruments for the transfer of credit risk;U.K.

9.  Financial contracts for differences;U.K.

10.  [F9Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market or an MTF, are cleared and settled through recognised clearing houses or are subject to regular margin calls.”]U.K.

[F9Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties other than by reason of default or other termination event, as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market, OTF, or an MTF;]

Textual Amendments

[F1011.  Emission allowances consisting of any units recognised for compliance with the requirements of Directive 2003/87/EC (Emissions Trading Scheme).]]U.K.

Textual Amendments