The Financial Services Act 2012 (Transitional Provisions) (Miscellaneous Provisions) Order 2013

Notification requirements

35.—(1) Paragraph (3) applies if, before the commencement date, a recognised clearing house (other than an overseas clearing house)—

(a) altered or revoked any of its rules or guidance, made new rules or issued new guidance; and

(b) did not give written notice to the Authority for the purposes of section 293(5)(1) (notification requirements).

(2) Paragraph (3) also applies if, before the commencement date, a recognised clearing house (other than an overseas clearing house)—

(a) made a change in—

(i) the recognised investment exchanges for whom it provides clearing services, or

(ii) the criteria which it applies when determining for whom (other than recognised investment exchanges) it will provide clearing services; and

(b) did not give written notice to the Authority for the purposes of section 293(7).

(3) The recognised clearing house must give written notice to the Bank of England and the FCA without delay.

(4) Paragraph (5) applies if, before the commencement date, a recognised investment exchange (other than an overseas investment exchange)—

(a) made a change in—

(i) the arrangements it makes for the provision of clearing services in respect of transactions effected on the exchange, or

(ii) the criteria which it applies when determining to whom it will provide clearing services; and

(b) did not give written notice to the Authority for the purposes of section 293(6) (notification requirements).

(5) The recognised investment exchange must give written notice to the Bank of England and the FCA without delay.

(1)

Section 293 is amended by the 2012 Act, Schedule 8, paragraph 10.