In regulation 38, in paragraph (1), for the words from "functions under" to the end of the paragraph, substitute -
"functions under -
(a) these Regulations;
(b) the markets in financial instruments regulation;
(c) EU tertiary legislation (within the meaning of section 20 of the European Union (Withdrawal) Act 2018) made under the markets in financial instruments directive which forms part of retained EU law ; or
(d) the Act, which correspond to functions under the markets in financial instruments directive.".