PART 1General

Citation, commencement and interpretation1

1

These Regulations may be cited as the Recognised Auction Platforms Regulations 2011.

2

These Regulations come into force—

a

for the purpose of regulations 1 to 5, 7 to 9 and 11 to 24 of, and Schedules 2 and 3 to, the Regulations, on 12th December 2011;

b

for the purpose of regulations 6 and 10 of, and Schedule 1 to, the Regulations, on 18th June 2012.

3

In these Regulations—

  • the Act” means the Financial Services and Markets Act 2000 M1;

  • auction platform” means a platform on which auctions of emissions allowances are held in accordance with the emission allowance auctioning regulation;

  • “auction recognition requirements” mean the requirements set out in Part 5 of these Regulations together with any requirements contained in the emission allowance auctioning regulation, or in any directly applicable Community regulation made under the market in financial instruments directive.

  • F1“the Authority” means the FCA;

  • bid” means an offer in an auction of emission allowances to acquire a given volume of allowances at a specified price;

  • emission allowance” means an allowance to emit one tonne of carbon dioxide equivalent during a specified period, which is valid for the purposes of meeting the requirements of the emission allowance trading directive, and which is transferable in accordance with the provisions of that directive;

  • emission allowance trading directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowances trading within the Community M2;

  • emission allowance auctioning regulation” means Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to the emission allowance trading directive M3;

  • recognised investment exchange” means an investment exchange other than an overseas investment exchange in relation to which a recognition order has been made under section 290(1)(a);

  • recognised auction platform” means a recognised investment exchange in relation to which a recognition order is in force;

  • recognition order” means an order made under regulation 2;

4

In these Regulations—

a

unless the contrary intention appears, expressions which are also used in the Financial Services and Markets Act 2000 have the same meaning as in that Act;

b

expressions which are also used in the emission allowance trading directive or the emission allowance auctioning regulation have the same meaning as in that directive or regulation; and

c

reference to a numbered section, unless otherwise stated, is a reference to a section in the Act.