After article 63N5 insert—

“CHAPTER 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.”.

After Schedule 4, insert—

“SCHEDULE 5SPECIFIED BENCHMARKS

Article 63R

The following benchmarks are specified:

1.

The benchmarks that are known as the London Interbank Offered Rate, also known as LIBOR.”.