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In force since 2025-07-14, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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3 provisions
Title and introductory text
2025 No. 860
FINANCIAL SERVICES AND MARKETS
The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment) Regulations 2025
Made
14th July 2025
Laid before Parliament
15th July 2025
Coming into force in accordance with regulation 1(2).
The Treasury make these Regulations in exercise of the powers conferred by section 3 of the Financial Services and Markets Act 2023.
The Treasury have consulted the Financial Conduct Authority and Prudential Regulation Authority in accordance with section 3(6) of the Financial Services and Markets Act 2023.
Propose a change1 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.
Propose a change2 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”.
Propose a change