PART 6Amendments to secondary legislation
Amendments to the Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 201358
1
The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013101 is amended as follows.
2
In article 1(2)102 (citation, commencement and interpretation) in the appropriate place, insert—
“the EU Benchmarks Regulation 2016” means Regulation EU 2016/1011103 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC104 and 2014/17/EU and Regulation (EU) No 596/2014;
3
4
In article 3113 (qualifying EU provisions: disciplinary measures)—
a
in paragraph (2), at the end of sub-paragraph (l) for “.” substitute “;”;
b
in paragraph (2) after sub-paragraph (m) insert—
n
the EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016.
c
in paragraph (3) after sub-paragraph (k) insert—
l
in relation to a contravention of a requirement imposed by the EU Benchmarks Regulation 2016 or of any directly applicable regulation made under that Regulation, the FCA.
5
In article 4 (qualifying EU provisions etc.: recognised investment exchanges and clearing houses) after paragraph (11) insert—
6
In article 5117 (qualifying EU provisions: injunctions and restitution) —
a
at the end of paragraph (2)(m) for “.” substitute “;”;
b
after paragraph (2)(m) insert—
n
the EU Benchmarks Regulation 2016 and any directly applicable measure made under that Regulation.
c
in paragraph (5)—
i
at the end of sub-paragraph (l) for “.” substitute “;”; and
ii
after sub-paragraph (l) insert—
m
in relation to a contravention of a requirement imposed by the EU Benchmarks Regulation 2016 or any directly applicable measure made under that Regulation, the FCA.
7
In article 6(2)118 (qualifying EU provisions: fees)—
a
at the end of sub-paragraph (o) for “.” substitute “;”;
b
after sub-paragraph (o) insert—
p
the EU Benchmarks Regulation 2016 and any directly applicable regulation made under the EU Benchmarks Regulation 2016.