The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment) Regulations 2025

• Citation: S.I. 2025/860
• Sections: 2

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment) Regulations 2025.

(2) These Regulations come into force immediately after both paragraph 47 and paragraph 48 of Schedule 2 to the Financial Services and Markets Act 2023 have come into force.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendment of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

(1) The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 are amended as follows.

(2) In regulation 27 (FCA power to require information)—

(a) in paragraph (1) , after “commodity derivative” , in both places it occurs, insert “or an applicable OTC commodity derivative” ;

(b) in paragraph (2) , after “commodity derivative” insert “or an applicable OTC commodity derivative” ;

(c) in paragraph (3) , for “15A” substitute “15A(1)” .

(3) In regulation 28 (1) (FCA power to intervene) , in sub-paragraph (a) , after “commodity derivative” insert “or an applicable OTC commodity derivative” .

(4) In regulation 29 (interpretation of Part 3) , in paragraph (2) —

(a) before the definition of “market operator” , insert—

“ applicable OTC commodity derivative ” means an option, future or contract for difference which—

relates, either directly or indirectly, to a commodity derivative traded on a trading venue established in the United Kingdom, and

is not a financial instrument;

where “option”, “future” and “contract for difference” mean the investments of the kind specified in articles 83 (options) , 84 (futures) and 85 (contracts for differences etc.) of the Regulated Activities Order;

(b) in the definition of “position” , for the words from “any economically equivalent” to the end substitute “for the purposes of regulations 27 and 28 any applicable OTC commodity derivative” .