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Version status: Revoked | Document consolidation status: Updated to reflect all known changes
Published date: 19 December 2018

Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 [SI 2018 No. 1403]

The revised Markets in Financial Instruments Directive (MiFID) and the linked Markets in Financial Instruments Regulation (MiFIR) are the key pieces of EU legislation that govern the buying, selling and organised trading of financial instruments. The legislation also contains a ‘passport’ that permits firms to provide investment services cross-border and to establish branches in another EEA state on the basis of their authorisation in their ‘home’ Member State. This statutory instrument makes amendments to MiFIR, the tertiary legislation made under MiFID II and the UK legislation which implemented MiFID to ensure that the legislation continues to operate effectively at the point at which the UK leaves the EU. The SI also transfers the functions of the EU authorities to the relevant UK regulator, FCA, Bank of England or HM Treasury and also transfers responsibility for making Binding Technical Standards (BTS) under MiFID II t
Comparing proposed amendment...
Introductory Text
Part 1 General (reg. 1)
Revoked
Regulation 1 Citation and commencement
Part 2 Amendment of secondary legislation: European Communities Act 1972 (regs. 2-3)
Revoked
Regulation 2 The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017
Revoked
Regulation 3 The Data Reporting Services Regulations 2017
Part 3 Amendment of secondary legislation: European Union (Withdrawal) Act 2018 (regs. 4-23)
Chapter 1 The Regulated Activities Order (reg. 4)
Revoked
Regulation 4 Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
Chapter 2 The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (regs. 5-16)
Revoked
Regulation 5 The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017
Revoked
Regulation 6 Introductory provisions
Revoked
Regulation 7 Interpretation
Revoked
Regulation 8 Exempt and third country investment firms
Revoked
Regulation 9 Algorithmic trading
Revoked
Regulation 10 Direct electronic access
Revoked
Regulation 11 Acting as a general clearing member
Revoked
Regulation 12 Synchronisation of business clocks
Revoked
Regulation 13 Interpretation of Part 4
Revoked
Regulation 14 Removal of persons from the management board
Revoked
Regulation 15 Miscellaneous FCA functions
Revoked
Regulation 16 Administration and Enforcement of Parts 3, 4 and 5
Chapter 3 The Data Reporting Services Regulations 2017 (regs. 17-23)
Revoked
Regulation 17 The Data Reporting Services Regulations 2017
Revoked
Regulation 18 Introductory provisions
Revoked
Regulation 19 Authorisation of data reporting services
Revoked
Regulation 20 Temporary authorisation
Revoked
Regulation 21 Operating requirements
Revoked
Regulation 22 Administration and enforcement
Revoked
Regulation 23 Miscellaneous
Part 4 Amendment of EU Regulations (regs. 24-61)
Chapter 1 Amendment of Markets in Financial Instruments Regulation (regs. 24-37)
Revoked
Regulation 24 Markets in Financial Instruments Regulation
Revoked
Regulation 25 Subject matter and scope
Revoked
Regulation 26 Definitions
Revoked
Regulation 27 Transparency for trading venues
Revoked
Regulation 28 Transparency for systematic internalisers and investment firms trading OTC
Revoked
Regulation 29 Transaction reporting
Revoked
Regulation 30 Derivatives
Revoked
Regulation 31 Non-discriminatory clearing access for financial instruments
Revoked
Regulation 32 Supervisory measures on product intervention and positions
Revoked
Regulation 33 Provision of services and performance of activities by third-country firms following an equivalence decision
Revoked
Regulation 34 Delegated and implementing acts
Revoked
Regulation 35 Final provisions
Revoked
Regulation 36 Professional clients
Revoked
Regulation 37 Transfer of Functions
Chapter 2 Commission Delegated Regulation 2017/565 (regs. 38-56)
Revoked
Regulation 38 Commission Regulation 2017/565
Revoked
Regulation 39 Application, scope and definitions
Revoked
Regulation 40 Systematic internalisers
Revoked
Regulation 41 Algorithmic trading and electronic access
Revoked
Regulation 42 Organisation requirements
Revoked
Regulation 43 Conflicts of interest
Revoked
Regulation 44 Investment research and marketing
Revoked
Regulation 45 Underwriting and placing
Revoked
Regulation 46 Information to clients
Revoked
Regulation 47 Investment Advice
Revoked
Regulation 48 Best execution
Revoked
Regulation 49 Eligible counterparties
Revoked
Regulation 50 Record-keeping
Revoked
Regulation 51 SME growth market
Revoked
Regulation 52 Operating obligations for trading venues
Revoked
Regulation 53 Position reporting in commodity derivatives
Revoked
Regulation 54 Data provision obligations for data reporting service providers
Revoked
Regulation 55 Final provisions
Revoked
Regulation 56 Annexes
Chapter 3 Commission Delegated Regulation 2017/567 (regs. 57-61)
Revoked
Regulation 57 Commission Delegated Regulation 2017/567
Revoked
Regulation 58 Interpretation
Revoked
Regulation 59 Determining liquid markets for equity instruments
Revoked
Regulation 60 Data publication obligations for systematic internalisers
Revoked
Regulation 61 Supervisory measures on product intervention and position management
Signature
Explanatory Note
Explanatory Memorandum
Impact Assessment