The Short Selling Regulations 2025
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Change 1
8 FCA power to provide for waiver or exemption from rules and obligation to publish list of shares in relation to which rules apply
(1) Designated activity rules made by the FCA by virtue of regulation 5 or 6 may include provision— (a) as to the circumstances in which the FCA may determine that requirements imposed by those rules do not apply in relation to an admitted share or description of such shares; (b) enabling requirements imposed by the rules to be dispensed with, modified, or reimposed (with or without modification) in such other cases or circumstances as may be determined by the FCA under the rules. (2) The FCA may not make a determination under paragraph (1)(b) in relation to transactions performed due to market making activities of an investment firm, credit institution or overseas entity that is a member of a trading venue in an overseas jurisdiction unless that jurisdiction has been designated under Part 3 of these Regulations, where “market making activities”, “investment firm” and “overseas entity” have the meaning given in regulation 9. (3) The FCA may publish any decision made by virtue of paragraph (1)(b) in the way appearing to the FCA to be best calculated to bring it to the attention of persons likely to be affected by it. (4) The FCA must publish and keep updated regularly a list of admitted shares in relation to which it considers rules made by virtue of these Regulations apply.
8 FCA power to provide for waiver or exemption from rules and obligation to publish list of shares in relation to which rules apply
(1) Designated activity rules made by the FCA by virtue of regulation 5 or 6 may include provision— (a) as to the circumstances in which the FCA may determine that requirements imposed by those rules do not apply in relation to an admitted share or description of such shares; (b) enabling requirements imposed by the rules to be dispensed with, modified, or reimposed (with or without modification) in such other cases or circumstances as may be determined by the FCA under the rules. (2) The FCA may not make a determination under paragraph (1)(b) in relation to transactions performed due to market making activities of an investment firm, credit institution or overseas entity that is a member of a trading venue in an overseas jurisdiction unless that jurisdiction has been designated under Part 3 of these Regulations, where “market making activities”, “investment firm” and “overseas entity” have the meaning given in regulation 9. (3) The FCA may publish any decision made by virtue of paragraph (1)(b) in the way appearing to the FCA to be best calculated to bring it to the attention of persons likely to be affected by it. (4) The FCA must publish and keep updated regularly a list of admitted shares in relation to which it considers rules made by virtue of these Regulations apply.
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