Amendments to article 84 of the Order: futures
8.—(1) Article 84 of the Order(1) (futures) is amended as follows.
(2) In paragraph (1A)(d), after “directive” insert (read with Articles 5 and 6 of the Commission Regulation)”.
(3) In paragraph (1B)(d), for “38” substitute “7”.
(4) In paragraph (1C)(c), after “with” insert “Articles 7 and 8 of”.
(5) After paragraph (1C), insert—
“(1CA) Subject to paragraph (1D), any other derivative contract, relating to currencies to which paragraph 4 of Section C of Annex 1 to the markets in financial instruments directive read with Article 10 of the Commission Regulation (the texts of which are set out in Parts 1 and 2 of Schedule 2) applies.”.
(6) In paragraph (1D)—
(a)for “and (1C)” substitute “, (1C) and (1CA)”;
(b)for “or forwards” substitute “, forwards or derivative contracts”;
(c)omit “or” at the end of sub-paragraph (b);
(d)in sub-paragraph (c), for “paragraph 8” substitute “paragraph 8 or 9”;
(e)after sub-paragraph (c) insert—
“, or
(d)an AIFM is providing, in accordance with Article 6.4 of the alternative investment fund managers directive the investment service specified in paragraph 1, 4 or 5 of Section A, or the ancillary service specified in paragraph 1 of Section B, of Annex I to the markets in financial instruments directive.”.
(7) In paragraph (1E), for “(IC)” substitute “(1CA)”.
Article 84 was amended by S.I. 2006/3384 and 2011/1613.