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PART 3Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

Article 83 (options)

156.—(1) Article 83 (options) is amended as follows.

(2) In paragraph (1)(e)(1), for the words after “an option to which” substitute “paragraph 5, 6, 7 or 10 of Part 1 of Schedule 2 (read with Articles 5, 6, 7, and 8 of the Commission Regulation) applies”.

(3) In paragraph (2)(d)(2)—

(a)in paragraph (i) omit “Section C of Annex I to the markets in financial instruments directive, the text of which is set out in”;

(b)in paragraph (ii), for “Section C of Annex I to the markets in financial instruments directive” substitute “Part 1 of that Schedule”.

(4) In paragraph (3)(c)(3), for “Section C of Annex I to the markets in financial instruments directive” substitute “Part 1 of Schedule 2”.

(5) In paragraph (4)(4), for sub-paragraphs (a) to (d) substitute—

(a)an investment firm or qualifying credit institution is providing or performing investment services and activities on a professional basis,

(b)a management company which has a Part 4A permission to do so is providing the investment service specified in paragraph 4 or 5 of Part 3 of Schedule 2 or the ancillary service specified in paragraph 1 of Part 3A of that Schedule,

(c)a market operator is providing the investment service specified in paragraph 8 or 9 of Part 3 of that Schedule, or

(d)a full-scope UK AIFM which has a Part 4A permission to do so is providing the investment service specified in paragraph 1, 4 or 5 of Part 3 of that Schedule or the ancillary service specified in paragraph 1 of Part 3A of that Schedule..

(6) Omit paragraph (5)(5).

(1)

Paragraph (1)(e) was inserted by S.I. 2006/3384 and was amended by S.I. 2017/488.

(2)

Paragraph (2) was inserted by S.I. 2006/3384 and was amended by S.I. 2017/488.

(3)

Paragraph (3) was inserted by S.I. 2006/3384 and was amended by S.I. 2017/488.

(4)

Paragraph (4) was inserted by S.I. 2006/3384 and was amended by S.I. 2011/1613 and S.I. 2017/488.

(5)

Paragraph (5) was inserted by S.I. 2006/3384.