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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 1 February 2018

Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018 [SI 2018 No. 135]

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. 1-4)
In force
Regulation 1 Citation and commencement
In force
Regulation 2 Interpretation
In force
Regulation 3 Retained direct EU legislation
Omitted
Regulation 4 Designation of competent authority
Part 2 FCA powers over Miscellaneous BM persons (regs. 5-26)
In force
Regulation 5
In force
Regulation 6 FCA's power to impose requirements
In force
Regulation 7 Right to refer matters to the Tribunal
In force
Regulation 8 Exercise of power in support of overseas regulator
In force
Regulation 9 Reporting requirements
In force
Regulation 10 Public censure
In force
Regulation 11 Financial penalties
In force
Regulation 12 Warning notice
In force
Regulation 13 Decision notice
In force
Regulation 14 Statements of policy
In force
Regulation 15 Statements of policy: procedure
In force
Regulation 16 Misleading the FCA
In force
Regulation 17 Restriction on penalties
In force
Regulation 18 Application of Part 9 of the Act (hearings and appeals)
In force
Regulation 19 Application of Part 11 of the Act (information gathering and investigations)
In force
Regulation 20 Information given by an auditor
In force
Regulation 21 Restrictions on disclosure of information
In force
Regulation 22 Application of Part 25 of the Act (injunctions and restitution)
In force
Regulation 23 Application of Part 26 of the Act (notices)
In force
Regulation 24 Application of Part 27 of the Act (offences)
In force
Regulation 25 Application of section 413 of the Act (protected items)
In force
Regulation 26 FCA: penalties, fees and exemption from liability in damages
Part 3 FCA powers in relation to persons publishing or contributing to benchmarks (regs. 27-32)
In force
Regulation 27 Variation of permission: continued publication of a benchmark by authorised person
In force
Regulation 28 Variation of permission: continued contribution to a benchmark by authorised person
In force
Regulation 29 Interim permission: continued publication of a benchmark by non-authorised person
In force
Regulation 30 Interim permission: continued contribution to a benchmark by non-authorised person
In force
Regulation 31 Application of the Act to persons with interim permission
In force
Regulation 32 Application of the FCA's rules etc. to persons with interim permission
Part 4 Administering a benchmark (regs. 33-36)
In force
Regulation 33 Power to direct form of notifications
In force
Regulation 34 Procedure for prior recognition of a benchmark administrator located in a third country
In force
Regulation 35 Endorsement of benchmarks provided in a third country
In force
Regulation 36 Right to refer matters to the Tribunal
Part 5 Amendments to the Act (regs. 37-50)
In force
Regulation 37 Amendments to section 1H
In force
Regulation 38 Amendments to section 22 (regulated activities)
In force
Regulation 39
In force
Regulation 40 Amendments to Part 4A (permission to carry on regulated activities)
In force
Regulation 41 Amendment to Part 8 of the Act (provisions relating to market abuse)
In force
Regulation 42
In force
Regulation 43 Amendment to section 137F of the Act (rules requiring participation in benchmark)
In force
Regulation 44 Amendment to section 178 of the Act (obligation to notify the appropriate regulator: acquisitions of control)
In force
Regulation 45 Amendment to Part 18 of the Act (recognised investment exchanges and clearing houses)
In force
Regulation 46 Amendment to section 391 of the Act (publication)
In force
Regulation 47 Amendment to section 395 (the FCA's and PRA's procedures)
In force
Regulation 48 Amendment to section 398 of the Act (misleading FCA or PRA: residual cases)
In force
Regulation 49 Amendment to Part 29 of the Act (interpretation)
In force
Regulation 50 Omission of Part 2B of Schedule 2 to the Act (regulated activities relating to the setting of benchmarks)
Part 6 Amendments to secondary legislation (regs. 51-58)
In force
Regulation 51 Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
In force
Regulation 52
In force
Regulation 53
In force
Regulation 54 Amendment to the Financial Services and Markets Act 2000 (Exemption) Order 2001
In force
Regulation 55 Amendment to the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001
In force
Regulation 56 Amendments to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
In force
Regulation 57 Amendments to the Consumer Credit (Disclosure of Information) Regulations 2010
In force
Regulation 58 Amendments to the Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013
Part 7 Transitional provisions (regs. 59-66)
In force
Regulation 59 Administrators of specified benchmarks: transitional provision
In force
Regulation 60 Submitters to specified benchmarks: transitional provision
In force
Regulation 61 Existing administrators as at 30th June 2016: transitional provision
In force
Regulation 62 Existing administrators as at 1st of January 2018: transitional provision
In force
Regulation 63 New administrators: transitional provision
In force
Regulation 64 Use of an index: transitional provision
In force
Regulation 65 Administering a benchmark under Article 51(4) of the EU Benchmarks Regulation 2016
In force
Regulation 66 Authorisations and registrations granted by the FCA prior to 27th February 2018
Part 8 Miscellaneous provisions (regs. 67-68)
In force
Regulation 67 Amendment to the Act
Revoked
Regulation 68 Review
Signature
Explanatory Note
Explanatory Memorandum