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26.—(1) Article 29 (use of a benchmark) is amended as follows.
(2) In paragraph 1—
(a)for “Union”, where it first occurs, substitute “United Kingdom”;
(b)for the words from “benchmark is provided by” to the end substitute—
“benchmark:
(a)is on the FCA register; or
(b)is provided by an administrator who is on the FCA register and located in the United Kingdom.”.
(3) In paragraph 2—
(i)for “under Directive 2003/71/EC or Directive 2009/65/EC” substitute “in accordance with rules made by the FCA under section 84 or 248 of FSMA, as those rules have effect on exit day”(1);
(ii)for “register referred to in Article 36 of this Regulation” substitute “FCA register”.
Section 84 was substituted by S.I. 2005/1433 and amended by section 16(3)(a) of the Financial Services Act 2012 (c.21) and S.I. 2012/1538. Section 248 was amended by paragraph 9(2)(b) of Part 1 of Schedule 18 to that Act.
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