C1PART 3Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

Annotations:

C1Article 83 (options)I1C1156

1

Article 83 (options) is amended as follows.

2

In paragraph (1)(e) M1, for the words after “an option to which” substitute “ paragraph 5, 6, 7 or 10 of Part 1 of Schedule 2 (read with Articles 5, 6, 7, and 8 of the Commission Regulation) applies ”.

3

In paragraph (2)(d) M2

a

in paragraph (i) omit “Section C of Annex I to the markets in financial instruments directive, the text of which is set out in”;

b

in paragraph (ii), for “Section C of Annex I to the markets in financial instruments directive” substitute “ Part 1 of that Schedule ”.

4

In paragraph (3)(c) M3, for “Section C of Annex I to the markets in financial instruments directive” substitute “ Part 1 of Schedule 2 ”.

5

In paragraph (4) M4, for sub-paragraphs (a) to (d) substitute—

a

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

b

a management company which has a Part 4A permission to do so is providing the investment service specified in paragraph 4 or 5 of Part 3 of Schedule 2 or the ancillary service specified in paragraph 1 of Part 3A of that Schedule,

c

a market operator is providing the investment service specified in paragraph 8 or 9 of Part 3 of that Schedule, or

d

a full-scope UK AIFM which has a Part 4A permission to do so is providing the investment service specified in paragraph 1, 4 or 5 of Part 3 of that Schedule or the ancillary service specified in paragraph 1 of Part 3A of that Schedule.

6

Omit paragraph (5) M5.