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  1. Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 [SI 2017 No. 701]
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 21 June 2017

Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 [SI 2017 No. 701]

Consolidation Status: Updated to reflect all known changes

To be revoked by s. 1 and Sch. 1 Pt 2 to the Financial Services and Markets Act 2023 (c. 29) (FSMA 2023), Sch. 1 Pt 2 not yet fully commenced.

Comparing proposed amendment...
Introductory Text
Part 1 Introductory provisions (regs. 1-3)
In force
 Regulation 1 Citation and commencement
In force
 Regulation 2 Interpretation
In force
 Regulation 2A References to EU Regulations etc
In force
 Regulation 3 Designation of competent authorities
Part 2 Exempt and third-country investment firms (regs. 4-15)
Chapter 1 Exempt investment firms (regs. 4-8)
In force
 Regulation 4 Applications to be an exempt investment firm
Omitted
 Regulation 5 Limitation on exempt investment firms
In force
 Regulation 6 Requirements applying to exempt investment firms
In force
 Regulation 7 Transitional provision: exempt investment firms
In force
 Regulation 8 Meaning of "exempt investment firm" in Chapter 1
Chapter 2 Third country investment firms (regs. 9-15)
Omitted
 Regulation 9 Third country firms with an EEA branch: provision of services
Omitted
 Regulation 10 FCA power to intervene in relation to third country firms with an EEA branch
In force
 Regulation 11 Third country firms registered with the FCA: provision of services
In force
 Regulation 12 FCA power to intervene in relation to third country firms registered with the FCA
In force
 Regulation 13 Third country firms: provision of services to eligible counterparties or clients considered to be professionals
In force
 Regulation 14 Third country firms: financial promotions
In force
 Regulation 15 Interpretation of Chapter 2
Part 3 Position limits and position management controls in commodity derivatives (regs. 15A-29)
Not yet in force
⚠ Regulation 15A FCA rules relating to position limits
In force
⚠ Regulation 16 FCA duty to establish position limits
In force
⚠ Regulation 17 Exemption for non-financial entities
In force
⚠ Regulation 18 Content of position limits
In force
⚠ Regulation 19 FCA duty to use Regulation (EU) 2017/591 to establish position limits and to review if market changes
Omitted
 Regulation 20 ESMA opinions on position limits
Omitted
 Regulation 21 Position limits affecting multiple EEA jurisdictions
Omitted
 Regulation 22 Cooperation with other competent authorities regarding position limits affecting multiple EEA jurisdictions
In force
 Regulation 23 General requirements for position limits
Omitted
 Regulation 24 FCA duty to notify ESMA of established position limits and position management controls
In force
⚠ Regulation 25 Procedure in exceptional cases
In force
 Regulation 26 Effect of position limits established by the FCA
In force
⚠ Regulation 27 FCA power to require information
In force
⚠ Regulation 28 FCA power to intervene
Omitted
 Regulation 28A Cooperation with ESMA and other competent authorities in respect of interventions to restrict, reduce, or limit positions
In force
⚠ Regulation 29 Interpretation of Part 3
Part 4 Algorithmic trading etc by members of trading venues covered by certain exemptions from the markets in financial instruments directive (regs. 30-37)
In force
 Regulation 30 Algorithmic trading
In force
 Regulation 31 Provision of information to the FCA concerning algorithmic trading
In force
 Regulation 32 Direct electronic access
In force
 Regulation 33 Provision of information to the FCA concerning direct electronic access
In force
 Regulation 34 Acting as a general clearing member
In force
 Regulation 35 Synchronisation of business clocks
In force
 Regulation 36 FCA power to impose requirements
In force
 Regulation 37 Interpretation of Part 4
Part 5 Removal of persons from the management board of an investment firm, credit institution, or recognised investment exchange (regs. 38-40)
In force
 Regulation 38 FCA and PRA power to remove a person from a management board
In force
 Regulation 39 Right to refer matters to the Tribunal
In force
 Regulation 40 Removal of persons from management boards: procedure
Part 6 Miscellaneous FCA functions in relation to the markets in financial instruments directive and markets in financial instruments regulation (regs. 41-47B)
Omitted
 Regulation 41 Provision of FCA record of recognised investment exchanges to ESMA and other competent authorities
Omitted
 Regulation 42 Provision of information to ESMA about multilateral trading facilities etc
Omitted
 Regulation 43 Provision to ESMA of reports by recognised investment exchanges of infringements of the exchange's rules, disorderly trading, suspected market abuse, and systems disruptions
In force
 Regulation 44 Authorisation of members of management bodies to hold additional non-executive directorship
Omitted
 Regulation 45 Provision of information to ESMA regarding sanctions and measures imposed for the purposes of the markets in financial instruments directive
Omitted
 Regulation 46 Provision of information to other competent authorities regarding persons engaged in algorithmic trading or providing direct electronic access
In force
 Regulation 47 Notifications, reports, and applications relating to the markets in financial instruments regulation
In force
 Regulation 47A Position management and publication of position reports
In force
 Regulation 47B Statements of Policy
Part 7 Miscellaneous (regs. 48-51)
In force
 Regulation 48 Refund of fees by the Gambling Commission
In force
 Regulation 49 Administration and enforcement of the Regulations
In force
 Regulation 50 Amendments to legislation
Revoked
 Regulation 51 Review
Schedule 1 Administration and enforcement of Parts 3, 4, and 5
In force
 Schedule 1, Part 1 Interpretation (paras. 1-2)
In force
 Schedule 1, Part 2 The FCA and the PRA (paras. 3-8)
In force
 Schedule 1, Part 3 Administrative sanctions and offences (paras. 9-17)
In force
 Schedule 1, Part 4 Application of the Act for the purposes of the Regulations (paras. 18-26)
In force
 Schedule 1, Part 5 Application of secondary legislation for the purposes of the Regulations (paras. 27-29)
In force
 Schedule 2 Amendments to the Financial Services and Markets Act 2000
In force
 Schedule 3 Amendments to secondary legislation made under the Financial Services and Markets Act 2000
In force
 Schedule 4 Amendments to other primary legislation
In force
 Schedule 5 Amendments to other secondary legislation
Signature
Explanatory Note
Impact Assessment
Explanatory Memorandum
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