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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 24 of 24

Article 5 Qualifying provisions: injunctions and restitution

(1) The instruments listed in paragraph (2) are specified qualifying provisions for the purposes of sections 380(6)(a), 382(9)(a) and 384(7)(a) of the Act.

(2) The instruments are -

(a) any directly applicable regulation made under the markets in financial instruments directive;

(aa) the markets in financial instruments regulation and any directly applicable EU regulation made under that regulation, except for Title VIII (Provision of services and performance of activities by third-country firms following an equivalence determination with or without a branch) and any directly applicable EU regulation made under that title;

(b) any directly applicable regulation made under the UCITS directive;

(ba) any directly applicable regulation made under the alternative investment fund managers directive;

(c) the emission allowance auctioning regulation, except for Article 38 (prohibition of insider dealing), Article 39 (other prohibited uses of inside information) and Article 41 (prohibition of market manipulation) of that regulation;

(ca) the UK auctioning regulations;