The Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/541 |
| Year | 2019 |
(1) These Regulations may be cited as the Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019.(2) Regulations 7 and 8 and Schedule 2 come into force on exit day.(3) The other provisions in these Regulations come into force on the day after the day on which these Regulations are made.“CSD” means a legal person that operates a securities settlement system referred to in point (3) of Section A of the Annex of the CSDR and provides at least one other core service listed in Section A of the Annex;“CSDR” means Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012;an “equivalence direction” is a direction made under regulation 2(1) ;an “equivalence determination” is a determination made by regulations made by the Treasury under retained EU law referred to in Schedule 1 F35, as amended from time to time, or under regulations made under the European Union (Withdrawal) Act 2018 other than these Regulations;an “exemption direction” is a direction made under regulation 3(1) ;an “exemption determination” is a determination made by regulations made by the Treasury under retained EU law or under regulations under the European Union (Withdrawal) Act 2018 referred to in regulation 3;“FCA” means the Financial Conduct Authority;“PRA” means the Prudential Regulation Authority;“EMIR” means Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories ... (“EMIR”) ;“FSMA” means the Financial Services and Markets Act 2000 ;“MiFIR” means Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012;“SFTR” means Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse (“SFTR”) .(5) Any reference in these Regulations to a specific EU Regulation or EU Decision, or part of an EU Regulation or EU Decision, is to that EU Regulation or EU Decision, or that part of the EU Regulation or EU Decision, as it forms part of retained EU law on IP completion day.(1) The Treasury may, by direction, in relation to countries which are EEA states, make a determination set out in Schedule 1 for the purposes set out in that Schedule.sanctions, embargos or similar measures issued by, for example, the European Union or the United Nations; andwhether the relevant EEA state is a “high-risk third country” within the meaning of regulation 33(3) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.(1B) Directions under paragraph (1) may contain such conditions for or limitations on the applicability of an equivalence direction as the Treasury considers appropriate.may have effect only on or after F24IP completion day; andit is revoked by a direction under paragraph (1) or by any other enactment; orregulations made by the Treasury, which contain a determination to the same effect, come into force.(3) The Treasury must lay a copy of any equivalence direction given by it under paragraph (1) before Parliament.(4) The Treasury must publish any direction given under paragraph (1) in a way appearing to the Treasury to be best calculated to bring it to the attention of the public.(5) No equivalence direction may be given under paragraph (1) after F25IP completion day.(6) The power of the Treasury under paragraph (1) includes the power to revoke or vary an equivalence direction at any time.perform similar functions to members of the European System of Central Banks (“ESCB”) orare charged with, or intervene in, the management of the public debt.a member State;members of the ESCB;a ministry, agency or special purpose vehicle of one or more member States, or a person acting on their behalf;in the case of a member state that is a federal state, a member making up the federation;certain public bodies and central banks of third countries;the Commission or any other officially designated body, or any person acting on
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