The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017

Amendments to article 85 of the Order: contracts for differences

This section has no associated Explanatory Memorandum

9.—(1) Article 85 of the Order(1) (contracts for differences etc.) is amended as follows.

(2) In paragraph (4)—

(a)omit “or” at the end of sub-paragraph (b);

(b)in sub-paragraph (c), for “paragraph 8” substitute “paragraph 8 or 9”;

(c)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..

(3) After paragraph (4) insert—

(4A) Subject to paragraph (4B), a derivative contract of a binary or other fixed outcomes nature—

(a)to which paragraph (1) does not apply;

(b)which is settled in cash; and

(c)which is a financial instrument to which paragraph 4, 5, 6, 7 or 10 of Section C of Annex I to the markets in financial instruments directive read with Articles 5 to 8 and 10 of the Commission Regulation (the texts of which are set out in Parts 1 and 2 of Schedule 2) applies.

(4B) Paragraph (4A) only applies to derivatives in relation to which—

(a)an investment firm or credit institution is providing or performing investment services and activities on a professional basis,

(b)a management company is providing, in accordance with Article 6.3 of the UCITS directive, the investment service specified in paragraph 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,

(c)a market operator is providing the investment service specified in paragraph 8 or 9 of Section A of Annex I to the markets in financial instruments directive,

(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, or

(e)a person is carrying on the activity specified by article 25(2)..

(1)

Article 85 was amended by S.I. 2006/3384 and 2011/1613.