The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/419 |
| Year | 2013 |
(1) This Order may be cited as the Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013 and comes into force on 1st April 2013.(2) For the purposes of this Order—Except as provided for in paragraph (3A) in this Order a reference to a specific EU regulation is to be treated as a reference to that EU regulation as it has effect at the beginning of the day on which the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 are made (but see regulation 2 of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) Regulations 2019, which may further update the reference) .(3A) In this Order a reference to the European Market Infrastructure Regulation is to be treated as a reference to that EU regulation as it has effect at the beginning of the day on which the Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) (No.2) Regulations 2019 are made (but see regulation 2 of the European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019, which may further update the reference) .(1) The instruments listed in paragraph (2) are specified qualifying EU provisions for the purposes of sections 1A(6) (d) , 1L(2) (b) , 39(4) (b) , F7666A(4) (b) and 168(4) (k) of the Act.any directly applicable regulation made under the markets in financial instruments directive;the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;any directly applicable regulation made under the UCITS directive;any directly applicable regulation made under the alternative investment fund managers directive;the emission allowance auctioning regulation;the European market infrastructure regulation;any directly applicable regulation made under the European market infrastructure regulation;the EuSEF Regulation and any directly applicable regulation made under that Regulation;the EuVECA Regulation and any directly applicable regulation made under that Regulation;the CSD regulation and any directly applicable regulation made under that Regulation;the ELTIF Regulation and any directly applicable regulation made under that Regulation;the market abuse regulation and any directly applicable regulation made under that Regulation;the PRIIPs regulation and any directly applicable regulation made under that Regulation;any directly applicable regulation made under the insurance distribution directive;the MMF Regulation and any directly applicable regulation or decision made under that Regulation;the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.(3) The instruments listed in paragraph (4) are also specified qualifying EU provisions for the purposes of sections 1A(6) (d) , 1L(2) (b) and 168(4) (k) of the Act.the short selling regulation;any directly applicable regulation made under the short selling regulation;any directly applicable regulation made under the recovery and resolution directive.(4A) The SFT regulation and any directly applicable regulation made under Article 4(9) or 4(10) of the SFT regulation are specified qualifying EU provisions for the purposes of sections 1A(6) (d) , 1L(2) (b) and 168(4) (k) of the Act.(5) The instruments listed in paragraph (6) are specified qualifying EU provisions for the purposes of sections F982AB(3) (d) and F7766B(4) (b) of the Act.any directly applicable regulation made under the markets in financial instruments directive;the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation;the European market infrastructure regulation;any directly applicable regulation made under the European market infrastructure regulation;the CSD regulation and any directly applicable regulation made under that Regulation;any directly applicable regulation made under the recovery and resolution directive;the EU Securitisation Regulation 2017 and any directly applicable regulation made under that Regulation.(7) The instruments listed in paragraph (8) are specified qualifying EU provisions for the purposes
- “the Act” means the Financial Services and Markets Act 2000;
-
F42
“ELTIF Regulation” means Regulation ( EU) No 2015/760 of the European Parliament and of the Council of 29th April 2015 on European Long-term Investment Funds; -
F101
“ the EU Benchmarks Regulation 2016” means Regulation EU 2016/1011 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/EC and 2014/17/EU and Regulation (EU) No 596/2014; -
F137
“ the EU Prospectus Regulation” means Regulation (EU) No 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC; -
F127
“EU Securitisation Regulation 2017” means Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012; - “the European market infrastructure regulation” means Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories
F4 ; -
“EuSEF Regulation” means Regulation (EU) No 346/2013 of the European Parliament and the Council of 17 April 2013 on European social entrepreneurship funds F112
as amended by Regulation (EU) No 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds ; -
“EuVECA Regulation” means Regulation (EU) No 345/2013 of the European Parliament and the Council of 17 April 2013 on European venture capital funds F113
as amended by Regulation (EU) No 2017/1991 of the European Parliament and of the Council of 25 October 2017 amending Regulation (EU) No 345/2013 on European venture capital funds and Regulation (EU) No 346/2013 on European social entrepreneurship funds ; -
F114
“MMF Regulation” means Regulation ( EU) No 2017/1131 of the European Parliament and of the Council of 14th June 2017 on Money Market Funds; -
F81
“ PRIIPs regulation” means Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products; -
F32
recovery and resolution directive ” means Directive 2014/59/EU of the European Parliament and of the Council of 15th May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms.
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