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UK Financial Services Law
Legislation (UK)
Statutory Instruments
2019
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Table of Contents
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Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 [SI 2019 No. 335]
Introductory Text
Part 1 Preliminary (reg. 1)
Regulation 1 Citation, commencement and interpretation
Part 2 Amendment of subordinate legislation (regs. 2-8)
Regulation 2 Amendments to the Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013
Regulation 3 Interpretation
Regulation 4 Designation of competent authorities
Regulation 5 Applications, notifications and reports to the FCA
Regulation 6 Penalties and statements
Regulation 7 Investigatory powers of ESMA with regard to trade repositories
Regulation 8 Transitional provision
Part 3 Amendment and revocation of retained direct EU legislation (regs. 9-63)
Chapter 1 Amendment of the EMIR Regulation (regs. 9-61)
Regulation 9 Amendments to the EMIR regulation
Regulation 10 Subject matter and scope
Regulation 11 Definitions
Regulation 12 Equivalence decisions for the purposes of the definition of OTC derivatives
Regulation 13 Intragroup transactions
Regulation 14 Clearing obligation
Regulation 15 Clearing obligation procedure
Regulation 16 Public register
Regulation 17 Access to a CCP
Regulation 18 Access to a trading venue
Regulation 19 Reporting obligation
Regulation 20 Non-financial counterparties
Regulation 21 Risk-mitigation techniques for OTC derivative contracts not cleared by a CCP
Regulation 22 Penalties
Regulation 23 Mechanism to avoid duplicative or conflicting rules
Regulation 24 Conditions for making technical standards
Regulation 25 Authorisation of a CCP
Regulation 26 Extension of activities and services
Regulation 27 Capital requirements
Regulation 28 Procedure for granting and refusing authorisation
Regulation 29 College
Regulation 30 Opinion of the college
Regulation 31 Withdrawal of authorisation
Regulation 32 Review and evaluation
Regulation 33 Competent authority
Regulation 34 Cooperation
Regulation 35 Organisational requirements: general provisions
Regulation 36 Record keeping
Regulation 37 Information
Regulation 38 Assessment
Regulation 39 Business continuity
Regulation 40 Outsourcing
Regulation 41 Transparency
Regulation 42 Segregation and portability
Regulation 43 Margin requirements
Regulation 44 Default fund
Regulation 45 Liquidity risk controls
Regulation 46 Default waterfall
Regulation 47 Collateral requirements
Regulation 48 Investment policy
Regulation 49 Default procedures
Regulation 50 Review of models, stress testing and back testing
Regulation 51 Calculation of Kccp
Regulation 52 Reporting of information
Regulation 53 Risk management
Regulation 54 Provision of margins among CCPs
Regulation 55 Approval of interoperability arrangements
Regulation 56 Trade Repositories
Regulation 57 Professional secrecy
Regulation 58 Exchange of information
Regulation 59 Transitional and final provisions
Regulation 60 List of infringements referred to in paragraph 1 of Article 65
Regulation 61 List of the coefficients linked to aggravating and mitigating factors for the application of paragraph 3 of Article 65
Chapter 2 Revocation of Commission Delegated Regulations made under the EMIR Regulation (regs. 62-63)
Regulation 62 Commission Delegated Regulation (EU) No. 1003/2013
Regulation 63 Commission Delegated Regulation (EU) No. 667/2014
Part 4 Specific provision for trade repositories (regs. 64-78)
Chapter 1 Preliminary (reg. 64)
Regulation 64 Interpretation of Part 4
Chapter 1A Supervision of Ttade Repositories (reg. 64A)
Regulation 64A Supervision of trade repositories
Chapter 2 Enforcement provisions relating to trade repositories (regs. 65-72)
Regulation 65 Warning notice
Regulation 66 Decision notice
Regulation 67 Public censure
Regulation 68 Financial penalties
Regulation 69 Statement of policy
Regulation 70 Statement of policy: procedure
Regulation 71 Powers to issue guidance
Regulation 72 Injunctions
Chapter 3 Application of the FSMA for the purposes of this Part, the EMIR Regulation and the Tratp Regulations (regs. 73-78)
Regulation 73 Application of Part 9 of the FSMA (hearings and appeals)
Regulation 74 Application of Part 9A of the FSMA (rules and guidance)
Regulation 75 Application of Part 11 of the FSMA (information gathering and investigations)
Regulation 76 Application of Part 26 of the FSMA (notices)
Regulation 77 Application of Part 27 of the FSMA (offences)
Regulation 78 Application of Schedule 1ZA to the FSMA (the Financial Conduct Authority)
Part 5 Transitional provisions: intragroup transactions (regs. 79-84)
Regulation 79 Interpretation
Regulation 80 Continuation of exemptions from certain clearing obligations and risk-management obligations
Regulation 81 Relevant day for the purposes of regulation 80
Regulation 82 New exemptions from certain clearing obligations and risk-management obligations
Regulation 83 Relevant day for the purposes of regulation 82
Regulation 84 Regulations
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Explanatory Note
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https://service.betterregulation.com/document/352617
Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 [SI 2019 No. 335]
Part 3 Amendment and revocation of retained direct EU legislation (regs. 9-63)
Chapter 1 Amendment of the EMIR Regulation (regs. 9-61)
Regulation 40 Outsourcing
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Version status:
In force
| Document consolidation status:
Updated to reflect all known changes
Version date: 31 December 2020 - onwards
Version 2 of 2
Regulation 40 Outsourcing
In
Article 35
, in paragraph 1, in point (j), for "Union" substitute "United Kingdom".
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