The Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/710
Year2019
(1) These Regulations may be cited as the Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019.(2) Regulation 38 comes into force on the day before the day on which exit day falls.(3) Regulations 1 and 13 to 24 come into force immediately before exit day.(4) The other provisions in these Regulations come into force on exit day.
  • Omit sections 124B (petition for winding up of SE) and 124C (petition for winding up of SCE) of the Insolvency Act 1986
  • (1) The Financial Services and Markets Act 2000 (2) In section 425(1) (a) (3) In Part 1 of Schedule 3
  • In section 886 of the Income Tax Act 2007
  • in subsection (1) (a) , omit “, EEA central counterparty”;
  • in subsection (6) , omit “, EEA central counterparty”.
  • at the end of sub-paragraph (c) , insert “or”,
  • in sub-paragraph (d) for “registered European lawyer” substitute “a Swiss lawyer who is a registered European lawyer”, and
  • omit sub-paragraph (e) and the “or” which precedes it;
  • at the end of sub-paragraph (c) , omit “and”,
  • at the end of sub-paragraph (d) , insert “and”, and
  • after sub-paragraph (d) , insert—
  • immediately before IP completion day was authorised in Switzerland to pursue professional activities under the professional title of Avocat, Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech or Avvocato, orhad started training towards but not yet obtained their professional qualifications before IP completion day in order to be authorised in Switzerland to pursue professional activities under one of the professional titles referred to in paragraph (i) but who completed their qualifications and were so authorised before the end of the period of four years beginning with IP completion day.(1) The Financial Services and Markets Act 2000 (Exemption) Order 2001 (2) In article 2, omit the definition of “credit institution”(3) In the Schedule in paragraph 40(3)
  • In article 2(1) of the Building Societies Act 1986 (Modification of the Lending Limit and Funding Limit Calculations) Order 2004
  • In article 1(2) of the Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013
  • (1) In article 2 of the Payment to Treasury of Penalties (Enforcement Costs) Order 2013 (2) The omission of paragraph (1) (i) of article 2 does not affect the ability of the Financial Conduct Authority to deduct expenses incurred before F78IP completion day in connection with the exercise, or the consideration of the possible exercise, of its powers under regulation 5A of the Recognised Auction Platforms Regulations 2011 in accordance with paragraph 20(1) of Schedule 1ZA to the Financial Services and Markets Act 2000 .
  • in paragraph (iv) , after “elsewhere;” insert
  • omit paragraph (vi) , and the “or” preceding it.
  • (1) The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 in paragraph (1) , for the definition of “third country” substitute—
      third country” means a country other than the United Kingdom.
    ;
    in paragraph (2) , at the end of the definition of “senior management” insert “ as it had effect immediately before F79IP completion day.(3) For the heading to regulation 3, substitute “ Retained direct EU legislation ”.(4) In regulation 3, for “directly applicable EU regulation” substitute “ retained direct EU legislation ”.(5) Omit regulation 4.(6) In regulation 8, in paragraphs (2) , (3) and (5) , for “an EU obligation” substitute “ a retained EU obligation ”.(7) In regulation 34, for paragraph (2) substitute—
    • (2) The FCA must determine the application within 90 working days of receipt of the completed application.
    The FCA must determine the application within 90 working days of receipt of the completed application.(8) In regulation 35(1) , for “outside the EU” substitute “ in a third country ”.in paragraph (1) , after “does not”, the second time it occurs, insert “ , subject to paragraph (3) , ”;after paragraph (2) insert—
    • (3) Paragraph (1) does not apply if the benchmark may not be used by virtue of Article 51(1C) of the EU Benchmarks Regulation 2016.
    .
    Paragraph (1) does not apply if the benchmark may not be used by virtue of Article 51(1C) of the EU Benchmarks Regulation 2016.in paragraph (1) , after “does not”, the second time it occurs, insert “ , subject to paragraph (3) , ”;after paragraph (2) insert—
    • (3) Paragraph (1) does not apply if the benchmark may not be used by virtue of Article 51(1C) of the EU Benchmarks Regulation 2016.
    Paragraph (1) does not apply if the benchmark may not be used by virtue of Article 51(1C) of the EU Benchmarks Regulation 2016.

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