UK Statutory Instrument SI 2017/701 United Kingdom

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

Enforced by
FCA, PRA
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Any Person2

Other Acts binding the same actors

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Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.030 Algorithmic trading Regulated
  • Implement systems and risk controls for algorithmic tradingAny Person
s.032 Direct electronic access Regulated
  • Implement systems, controls and agreements for direct electronic access clientsAny Person
55 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation
s.002 References to EU Regulations etc
s.002 High message intraday rate
s.003 Designation of competent authorities
s.004 Applications to be an exempt investment firm
s.005 Limitation on exempt investment firms
s.006 Requirements applying to exempt investment firms
s.007 Transitional provision: exempt investment firms
s.008 Meaning of “exempt investment firm” in Chapter 1
s.009 Third country firms with an EEA branch: provision of services
s.010 FCA power to intervene in relation to third country firms with an EEA branch
s.011 Third country firms registered with the FCA: provision of services
s.012 FCA power to intervene in relation to third country firms registered with the FCA
s.013 Third country firms: provision of services to eligible counterparties or clients considered to be professionals
s.014 Third country firms: financial promotions
s.015 Interpretation of Chapter 2
s.015 FCA rules relating to position limits
s.016 FCA duty to establish position limits
s.017 Exemption for non-financial entities
s.018 Content of position limits
s.019 FCA duty to use Regulation (EU) 2017/591 to establish position limits and to review if market changes
s.020 ESMA opinions on position limits
s.021 Position limits affecting multiple EEA jurisdictions
s.022 Cooperation with other competent authorities regarding position limits affecting multiple EEA jurisdictions
s.023 General requirements for position limits
s.024 FCA duty to notify ESMA of established position limits and position management controls
s.025 Procedure in exceptional cases
s.026 Effect of position limits established by the FCA ...
s.027 FCA power to require information
s.028 FCA power to intervene
s.028 Cooperation with ESMA and other competent authorities in respect of interventions to restrict, reduce, or limit positions
s.029 Interpretation of Part 3
s.031 Provision of information to the FCA concerning algorithmic trading
s.033 Provision of information to the FCA concerning direct electronic access
s.034 Acting as a general clearing member
s.035 Synchronisation of business clocks
s.036 FCA power to impose requirements
s.037 Interpretation of Part 4
s.038 FCA and PRA power to remove a person from a management board
s.039 Right to refer matters to the Tribunal
s.040 Removal of persons from management boards: procedure
s.041 Provision of FCA record of recognised investment exchanges to ESMA and other competent authorities
s.042 Provision of information to ESMA about multilateral trading facilities etc
s.043 Provision to ESMA of reports by recognised investment exchanges of infringements of the exchange's rules, disorderly trading, suspected market abuse, and systems disruptions
s.044 Authorisation of members of management bodies to hold additional non-executive directorship
s.045 Provision of information to ESMA regarding sanctions and measures imposed for the purposes of the markets in financial instruments directive
s.046 Provision of information to other competent authorities regarding persons engaged in algorithmic trading or providing direct electronic access
s.047 Reports and applications
s.047 Position management and publication of position reports
s.047 Statements of Policy
s.048 Refund of fees by the Gambling Commission
s.049 Administration and enforcement of the Regulations
s.050 Amendments to legislation
s.051 Review
Schedules

Schedules

0 of 131 shown
131 other schedules
s.sch001 Interpretation of Schedule 1
s.sch001 Public censure
s.sch001 Financial penalties
s.sch001 Warning notice
s.sch001 Decision notice
s.sch001 Statements of policy
s.sch001 Statements of policy: procedure
s.sch001 Misleading the FCA or PRA
s.sch001 Restriction on penalties
s.sch001 Application of Part 9 of the Act (hearings and appeals)
s.sch001 Application of Part 11 of the Act (information gathering and investigations)
s.sch001 Assimilated law
s.sch001 Restrictions on disclosure of information
s.sch001 Application of Part 25 of the Act (injunctions and restitution)
s.sch001 Application of Part 26 of the Act (notices)
s.sch001 Application of Part 27 of the Act (offences)
s.sch001 Application of section 413 of the Act (protected items)
s.sch001 FCA: penalties, fees and exemption from liability in damages
s.sch001 PRA: penalties, fees and exemption from liability in damages
s.sch001 Service of notices
s.sch001 Disclosure of confidential information
s.sch001 Communications by auditors
s.sch001 Functions of the FCA
s.sch001 Functions of the PRA
s.sch001 Monitoring and enforcement
s.sch001 Co-operation
s.sch001 Guidance
s.sch001 Reporting requirements
s.sch001 Interpretation of Part 3
s.sch002 The Act is amended as follows.
s.sch002 (1) Section 122I (power to suspend trading in financial instruments)...
s.sch002 After section 122I insert— Power to suspend auctioning of auctioned...
s.sch002 In section 123(1)(c)(i) (power to impose penalties or issue censure)...
s.sch002 (1) Section 123A (power to prohibit individuals from managing or...
s.sch002 In section 123B(1)(c) (suspending permission to carry on regulated activities...
s.sch002 In section 124(10) (statement of policy) in paragraph (c)(i) of...
s.sch002 (1) Section 129 (power of the court to impose administrative...
s.sch002 In section 131AB (interpretation)— (a) in the definition of “financial...
s.sch002 Amendments to Part 9A (rules and guidance)
s.sch002 Amendments to Part 12 (control over authorised persons)
s.sch002 Amendments to Part 3 (authorisation and exemption)
s.sch002 Amendments to Part 13 (incoming firms: intervention by FCA or PRA)
s.sch002 (1) Section 195A (contravention by relevant EEA firm etc of...
s.sch002 Amendments to Part 14 (disciplinary measures)
s.sch002 Amendments to Part 15 (the financial services compensation scheme)
s.sch002 In section 214(1) (general)— (a) in paragraph (a)—
s.sch002 (1) Section 215 (rights of the scheme in insolvency) is...
s.sch002 (1) Section 218A (regulators power to require information) is amended...
s.sch002 (1) Section 220 (scheme manager's power to inspect information held...
s.sch002 (1) Section 224 (scheme manager's power to inspect documents held...
s.sch002 Amendments to Part 18 (recognised investment exchanges and clearing houses)
s.sch002 (1) Section 39A (certain tied agents operating outside the United...
s.sch002 After section 287 (application by an investment exchange) insert— Application...
s.sch002 In section 290(1A) (recognition orders)— (a) for “Community” substitute “...
s.sch002 In section 292(3) (overseas investment exchanges and overseas clearing houses),...
s.sch002 In section 301E(4)(a) (disregarded holdings) for “4.1(8)” substitute “ 4.1.7...
s.sch002 (1) Section 312A (exercise of passport rights by EEA market...
s.sch002 (1) Section 312B (removal of passport rights from EEA market...
s.sch002 (1) Section 312C (exercise of passport rights by recognised investment...
s.sch002 In section 312D (interpretation of Chapter 3A of Part 18)—...
s.sch002 In section 313(1) (interpretation of Part 18)—
s.sch002 Amendments to Part 18A (suspension and removal of financial instruments from trading)
s.sch002 Amendments to Part 4A (permission to carry on regulated activities)
s.sch002 Omit section 313C (notification in relation to suspension or removal...
s.sch002 After section 313C insert— Suspension or removal of financial instruments...
s.sch002 (1) Section 313D (interpretation of Part 18A) is amended as...
s.sch002 Amendments to Part 20 (provision of financial services by members of the professions)
s.sch002 Amendments to Part 23 (public record, disclosure of information and co-operation)
s.sch002 Amendments to Part 26 (notices)
s.sch002 After section 391C (publication: special provisions relating to the UCITs...
s.sch002 After section 395(13)(bbza) (the FCA's and PRA's procedures) insert—
s.sch002 Amendments to Part 27 (offences)
s.sch002 Amendments to Part 28 (miscellaneous)
s.sch002 (1) Section 55R (persons connected with an applicant) is amended...
s.sch002 Omit sections 412A (approval and monitoring of trade-matching and reporting...
s.sch002 Amendments to Part 29 (interpretation)
s.sch002 In section 422A(4)(a) (disregarded holdings) for “4.1(8)” substitute “ 4.1.7...
s.sch002 In section 424A(5)(b) (investment firm) for “4.1.20” substitute “ 4.1.55...
s.sch002 Amendments to Schedule 3 (EEA passport rights)
s.sch002 Amendments to Schedule 10A (liability of issuers)
s.sch002 Amendments to Part 6 (official listing)
s.sch002 (1) Section 102A (meaning of “securities” etc) is amended as...
s.sch002 In section 103(1) (interpretation of Part 6) in the definition...
s.sch002 Amendments to Part 8 (provisions relating to market abuse)
s.sch003 The Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001
s.sch003 Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
s.sch003 Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
s.sch003 Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
s.sch003 Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001
s.sch003 Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013
s.sch003 Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013
s.sch003 Financial Services and Markets Act 2000 (PRA-Regulated Activities) Order 2013
s.sch003 Financial Services and Markets Act 2000 (Ring-Fenced Bodies and Core Activities) Order 2014
s.sch004 Building Societies Act 1986
s.sch004 Income Tax Act 2007
s.sch004 Counter-Terrorism Act 2008
s.sch004 Corporation Tax Act 2010
s.sch004 Finance Act 2010
s.sch004 Finance Act 2011
s.sch004 Financial Services (Banking Reform) Act 2013
s.sch004 Finance Act 1991
s.sch004 Friendly Societies Act 1992
s.sch004 Data Protection Act 1998
s.sch004 Competition Act 1998
s.sch004 Terrorism Act 2000
s.sch004 Proceeds of Crime Act 2002
s.sch004 Income Tax (Trading and Other Income) Act 2005
s.sch004 Companies Act 2006
s.sch005 Income Tax (Manufactured Overseas Dividends) Regulations 1993
s.sch005 Banking Act 2009 (Restriction of Partial Property Transfers) Order 2009
s.sch005 Offshore Funds (Tax) Regulations 2009
s.sch005 Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010
s.sch005 Electronic Money Regulations 2011
s.sch005 Recognised Auction Platforms Regulations 2011
s.sch005 Investment Trust (Approved Company) (Tax) Regulations 2011
s.sch005 Supervision of Accounts and Reports (Prescribed Body) and Companies (Defective Accounts and Directors' Reports) (Authorised Person) Order 2012
s.sch005 Unauthorised Unit Trusts (Tax) Regulations 2013
s.sch005 Capital Requirements Regulations 2013
s.sch005 Stamp Duty and Stamp Duty Reserve Tax (Exchange Traded Funds) (Exemption) Regulations 2014
s.sch005 Financial Markets and Insolvency (Settlement Finality) Regulations 1999
s.sch005 Financial Services Act 2012 (Relevant Functions in Relation to Complaints Scheme) Order 2014
s.sch005 Public Interest Disclosure (Prescribed Persons) Order 2014
s.sch005 Reports on Payments to Governments Regulations 2014
s.sch005 Public Contracts Regulations 2015
s.sch005 Uncertificated Securities Regulations 2001
s.sch005 Insurers (Reorganisation and Winding Up) Regulations 2004
s.sch005 Credit Institutions (Reorganisation and Winding Up) Regulations 2004
s.sch005 Occupational Pension Schemes (Investment) Regulations 2005
s.sch005 Authorised Investment Funds (Tax) Regulations 2006
s.sch005 Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007
s.sch005 Payment Services Regulations 2009

Connected legislation

The wider family of instruments made under the same parent Act.

TCGA 1992 SI 2017/1204

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