C1PART 3Amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
C1Article 85 (contracts for differences etc)I1C1158
1
Article 85 (contracts for differences etc) is amended as follows.
2
In paragraph (3)(b) M1, for “Section C of Annex I to the markets in financial instruments directive” substitute “
Part 1 of Schedule 2
”
.
3
In paragraphs (4) M2 and (4B) M3, 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,
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.
4
In paragraph (4A)(c) M4—
a
for “Section C of Annex I to the markets in financial instruments directive” substitute “
Part 1 of Schedule 2
”
;
b
for “the texts of which are set out in Parts 1 and 2 of Schedule 2” substitute “
the text of which is set out in Part 2 of Schedule 2
”
.
5
Omit paragraph (5) M5.
Pts. 3-6 modified in part (31.12.2020) by The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/680), regs. 1(2), 11(1)(4)(5) (with reg. 11(8)-(10)) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 40(f)); 2020 c. 1, Sch. 5 para. 1(1)