The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2018

• Citation: S.I. 2018/831
• Sections: 3

Section 1 Citation and commencement

(1) This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2018.

(2) This Order comes into force on the day after the day on which is it made.

Section 2 Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

(1) Article 77A (alternative finance investment bonds) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 is amended as follows.

(2) In paragraph (2)(f)—

(a) in sub-paragraph (i) omit “or”;

(b) in sub-paragraph (ii) for “within the meaning of Article 4.1(14) of Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments”, substitute “as defined by Article 4.1.21 of the markets in financial instruments directive”;

(c) after sub-paragraph (ii), insert—

(iii) trading on a multilateral trading facility (as defined by Article 4.1.22 of the markets in financial instruments directive); or

(iv) trading on an organised trading facility (as defined by Article 4.1.23 of the markets in financial instruments directive).

Section 3 Amendment to the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001

(1) The Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 is amended as follows.

(2) After article 4 insert—

Administering a benchmark

(4A) A person who carries on an activity of the kind specified by article 63S of the Regulated Activities Order (administering a benchmark) is to be regarded as carrying on that activity by way of business.