5.—(1) The FCA has the powers conferred on it by this Part of the Regulations in respect of Miscellaneous BM persons.
(2) A “Miscellaneous BM person” is a person who is not an authorised person and is—
(a)involved in the provision of, or contribution of input data to, a benchmark;
(b)a service provider to whom functions or any relevant services and activities in the provision of a benchmark have been outsourced;
(c)a person who is not the service provider but who is or has been party to a contract in relation to the outsourcing of functions or any relevant services and activities in the provision of a benchmark;
(d)a legal representative of a benchmark administrator located in a third country which has obtained or has applied for prior recognition as referred to in Article 32(1) and as provided for in Article 32(3) of the EU Benchmarks Regulation 2016;
(e)a person who administers a benchmark relying on [F1Article 46(8) or] Article 51(4) of the EU Benchmarks Regulation 2016; or
(f)a supervised entity.
Textual Amendments
F1Words in reg. 5(2)(e) inserted (14.10.2019) by The Financial Services and Markets Act 2000 (Benchmarks) (Amendment) Regulations 2019 (S.I. 2019/1256), regs. 1, 2(2)