The Financial Services and Markets Act 2000 (Excluded Activities and Prohibitions) Order 2014

Derivatives: general conditions U.K.

12.—(1) The conditions in this article are that—

(a) the [F1 relevant risk] requirement attributable—

(i) to all transactions entered into which meet the conditions in articles 9 to 11, and

(ii) to any investments traded by the ring-fenced body under article 6(1) for the purpose of hedging risks arising in relation to the transactions referred to in paragraph (i) (provided that those investments are hedged separately from any other investments entered into by the ring-fenced body under article 6(1)),

is at all times less than 0.5% of the ring-fenced body's own funds;

(b) the sum of the [F1 relevant risk] requirements attributable to each individual transaction with an account holder under articles 9 to 11 is at all times less than 25% of the credit risk capital requirement of the ring-fenced body; and in calculating the sum of the [F1 relevant risk] requirements, no [F1 relevant risk] requirement may be set off against any other [F1 relevant risk] requirement;

(c) the sum of the [F1 relevant risk] requirements attributable to the transactions entered into by the ring-fenced body under article 11 is at all times less than 20% of the sum of the [F1 relevant risk] requirements attributable to the transactions entered into by the ring-fenced body under articles 9 to 11;

(d) there is evidence available [F2 on the material date] to assess the fair value of the investment concerned in accordance with international financial reporting standard 13 (“IFRS 13”) on fair value measurement issued by the International Accounting Standards Board, as that reporting standard is amended from time to time, and that evidence would be considered to constitute a level 1 input within the meaning of paragraph 76 of IFRS 13, or a level 2 input within the meaning of paragraphs 81 and 82 of IFRS 13 M1 ;

(e) [F3 on the material date], the investments traded under article 10 or 11 fall within a class of derivatives that are traded on—

(i) a trading venue in the EEA, or

(ii) a third country trading venue which satisfies paragraph 1(d) of Article 28 of the Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation No 648/2012 M2 ; and for these purposes, “third country trading venue” has the same meaning as in that Article.

(2) For the purposes of this article—

[F4 (a) subject to sub-paragraph (aa) the relevant risk requirement is the sum of the own funds requirements for—

(i) position risk calculated in accordance with Chapter 2 of Title IV of Part Three of the prudential requirements regulation;

(ii) foreign-exchange risk calculated in accordance with Chapter 3 of Title IV of Part Three of the prudential requirements regulation; and

(iii) commodities risk calculated in accordance with Chapter 4 of Title IV of Part Three of the prudential requirements regulation;

(aa) the calculations referred to in sub-paragraph (a) are to be carried out as if the positions associated with the investments referred to in the relevant Chapters are all held in the trading book of the ring-fenced body;]

(b) “credit risk capital requirement” means the own funds requirements set out in Article 92.3(a) of the prudential requirements regulation, excluding the risk-weighted exposure amounts determined in accordance with Title II of Part Three of that regulation for counterparty risk arising from positions which are not included in the trading book;

(c) “trading venue” has the meaning given in Article 4.1(24) of the Directive 2014/65/EU of 15 May 2014 of the European Parliament and of the Council on markets in financial instruments repealing Directive 2004/39/EC of the European Parliament and of the Council (recast) M3 ;

[F5 (d) the material date is to be determined as follows—

(i) in the case of a transaction entered into by a ring-fenced body, the material date is the date upon which the transaction is entered into; and

(ii) in the case of a transaction entered into by a body (“A”) before A became a ring-fenced body, the material date is the date upon which A became a ring-fenced body.]

(e) “trading book” has the meaning given in Article 4.1(86) of the prudential requirements regulation.

Textual Amendments

F1 Words in art. 12(1) substituted (1.12.2016) by The Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2016 (S.I. 2016/1032), arts. 1(2), 3(6)(a)(i)

F2 Words in art. 12(1) substituted (1.12.2016) by The Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2016 (S.I. 2016/1032), arts. 1(2), 3(6)(a)(ii)

F3 Words in art. 12(1) substituted (1.12.2016) by The Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2016 (S.I. 2016/1032), arts. 1(2), 3(6)(a)(iii)

F4 Art. 12(2)(a)(aa) substituted for art. 12(2)(a) (1.12.2016) by The Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2016 (S.I. 2016/1032), arts. 1(2), 3(6)(b)(i)

F5 Art. 12(2)(d) substituted (1.12.2016) by The Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2016 (S.I. 2016/1032), arts. 1(2), 3(6)(b)(ii)

Commencement Information

I1 Art. 12 in force at 1.1.2019, see art. 1(3)

Marginal Citations

M1 A copy of this IFRS can be obtained from the International Accounting Standards Board, 30 Cannon Street, London, EC4M 6XH.

M2 OJ L 173, 12.6.2014, p84.

M3 OJ L 173, 12.6.2014, p349.