1. In this Schedule—
“the EMIR regulation” means Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1);
“management body” in relation to a person (“P”) means—
the board of directors, or if there is no such board, the equivalent body responsible for the management of P; and
any other person who effectively directs the business of P;
“non-authorised counterparty” means—
a financial counterparty (within the meaning of Article 2.8 of the EMIR regulation) who is neither an authorised person nor a recognised body; or
a non-financial counterparty (within the meaning of Article 2.9 of the EMIR regulation) who meets the conditions in Article 10.1.b of that regulation;
“PRA-authorised person” has the meaning given in section 2B(5) of the Act(2);
“recognised body” has the meaning given in section 313(1) of the Act;
“senior management” has the meaning given by Article 4.1.37 of the markets in financial instruments directive.
2.—(1) In this Schedule, any reference to a requirement imposed by or under Part 3 or 4 of these Regulations includes a reference to a requirement imposed on a person to whom Part 3 or 4 of these Regulations applies under—
(a)a directly applicable EU regulation made under the markets in financial instruments directive or the markets in financial instruments regulation; and
(b)the markets in financial instruments regulation.
(2) In this Schedule, any reference to Article 28 of the markets in financial instruments regulation includes a reference to any directly applicable EU regulation made under that Article.
OJ No L173, 12/6/2014, p84.
Section 2B was inserted by section 6 of the Financial Services Act 2012 (c.21).