(1) The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 [S.I. 2001/544; article 35 was amended by S.I. 2003/1476; article 72(8) was inserted by S.I. 2006/3384.] is amended as follows.
(2) In article 3(1), in the appropriate place insert -
""trade repository" means a person registered with ESMA under Article 55 of Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories or a person recognised by ESMA under Article 77 of that Regulation;".
(3) In article 35(3) after sub-paragraph (b) insert -
"(ba) the body or association is also not eligible to become an EEA central counterparty (as defined in section 285(1)(c) of the Act) or a third country central counterparty (as defined in section 285(1)(d) of the Act);".
(4) After article 35 insert -
A trade repository does not carry on an activity of the kind specified by article 25(2) by carrying on its
…