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Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 [SI 2013 No. 504]Introductory TextPart 1 Citation, commencement and interpretation (regs. 1-2)Regulation 1 Citation and commencementRegulation 2 InterpretationPart 2 Amendments to the Financial Services and Markets Act 2000 (reg. 3)Regulation 3 Amendments to the Financial Services and Markets Act 2000Part 3 Amendments to the Companies Act 1989 (reg. 4)Regulation 4 Amendments to the Companies Act 1989Part 4 Amendments to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001 (reg. 5)Regulation 5 Amendments to the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001Part 5 Designation of competent authorities and powers of FCA (regs. 6-10)Regulation 6 Designation of competent authoritiesRegulation 7 Power of the FCA to require informationRegulation 8 Applications, notifications and reports to FCARegulation 9 Penalties and statementsRegulation 10 Penalties under regulation 9: procedurePart 6 Acquisition of control over recognised central counterparties (regs. 11-15)Regulation 11 Interpretation of Part 6Regulation 12 Procedure in relation to proposed acquisitionRegulation 13 Restriction noticesRegulation 14 Orders for sale of sharesRegulation 15 OffencesPart 6A Removal of directors of recognised central counterparties (reg. 15A)Regulation 15A Removal of directors of recognised central counterpartiesPart 7 Investigatory powers of ESMA with regard to trade repositories (regs. 15B-19)Regulation 15B InterpretationRegulation 16 Records of telephone and data traffic: Article 62(1)(e) of the EMIR regulationRegulation 17 Inspections: Article 63 of the EMIR regulationRegulation 18 Retention of documents taken under regulation 17Regulation 19 Offences: Article 63 inspectionsPart 8 Consequential amendments (regs. 20-49)Regulation 20 Amendments to the Finance Act 1991Regulation 21 Amendment to the Pension Schemes Act 1993Regulation 22 Amendment to the Pension Schemes (Northern Ireland) Act 1993Regulation 23 Amendments to the Pensions Act 2004Regulation 24 Amendments to the Income Tax Act 2007Regulation 25 Amendments to the Banking Act 2009Regulation 26 Amendments to the Corporation Tax Act 2009Regulation 27 Amendment to the European Communities (Enforcement of Community Judgments) Order 1972Regulation 28 Amendment to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975Regulation 29 Amendments to the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979Regulation 30 Amendments to the Financial Markets and Insolvency Regulations 1991Regulation 31 Amendments to the Income Tax (Manufactured Overseas Dividends) Regulations 1993Regulation 32 Amendments to the Financial Markets and Insolvency (Settlement Finality) Regulations 1999Regulation 33 Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001Regulation 34 Amendment to the Financial Services and Markets Act 2000 (Exemption) Order 2001Regulation 35 Amendments to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001Regulation 36 Amendments to the Uncertificated Securities Regulations 2001Regulation 37 Amendment to the Pension Protection Fund (PPF Ombudsman) Order (Northern Ireland) 2005Regulation 38 Amendment to the Pension Protection Fund (PPF Ombudsman) Order 2005Regulation 39 Amendment to the Financial Assistance Scheme (Appeals) Regulations 2005Regulation 40 Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) Regulations (No.9) 2009Regulation 41 Amendments to the Investment Bank Special Administration Regulations 2011Regulation 42 Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Eurex Clearing AG) Regulations 2011Regulation 43 Amendments to the Stamp Duty and Stamp Duty Reserve Tax (European Central Counterparty Limited) Regulations 2011Regulation 44 Amendments to the Stamp Duty and Stamp Duty Reserve Tax (European Multilateral Clearing Facility N.V.) Regulations 2011Regulation 45 Amendments to the Stamp Duty and Stamp Duty Reserve Tax (LCH.Clearnet Limited) Regulations 2011Regulation 46 Amendments to the Stamp Duty and Stamp Duty Reserve Tax (SIX X-CLEAR AG) Regulations 2011Regulation 47 Amendments to the Stamp Duty and Stamp Duty Reserve Tax (Cassa Di Compensazione E Garanzia S.p.A.) Regulations 2011Regulation 48 Amendments to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013Regulation 49 Amendment to the Payment to Treasury of Penalties (Enforcement Costs) Order 2013Part 9 Transitional and saving provisions (regs. 50-55)Regulation 50 Interpretation of Part 10Regulation 51 Information provided to or requested by FSARegulation 52 Transitional and saving provisions: central counterpartiesRegulation 53 Further transitional provisions: EEA and third country central counterpartiesRegulation 54 Transitional and saving provisions: overseas personsRegulation 55 Transitional and saving provisions: designation orders under the Financial Markets and Insolvency (Settlement Finality) Regulations 1999Regulation 55A Transitional provisions: markets in financial instruments provisionsRegulation 55B Transitional provision: EMIR regulationPart 10 Miscellaneous (regs. 56-60)Regulation 56 Warning notices and decision noticesRegulation 57 OffencesRegulation 58 References to the TribunalRegulation 59 ScotlandRegulation 60 ReviewSchedule - Section 191 of the Companies Act 1989: index of defined expressionsSignatureExplanatory NoteExplanatory Memorandum
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Version status: | Document consolidation status: Updated to reflect all known changes
Version date: 6 March 2013 - onwards

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement certain Articles 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 (OJ No L 201, 27.7.2012, p1) ("the EMIR regulation").

Part 2 amends Part 18 of the Financial Services and Markets Act 2000 (c.8) (recognised investment exchanges and clearing houses), in order to make the provisions concerning clearing houses compatible with the EMIR regulation. The Regulations create a new category of clearing house, known as a "recognised central counterparty", which are those central counterparties which are subject to, and recognised pursuant to the provisions of, the EMIR regulation. Some provisions of Part 18 of the Financial Services and Markets Act 2000 will no longer apply to these bodies and in many cases the requirements are replaced by requirements emanating from the EMIR regulation.

Part 3 amends the Companies Act 1989 to implement and facilitate the provisions on segregation and portability of accounts in Articles 39 and 48 of the EMIR regulation.

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