Related provisions for INSPRU 1.5.4
Schedule to the Recognition Requirements Regulations, Paragraph 4(2)(a)
2Without prejudice to the generality of sub-paragraph [4(1)], the [UK RIE] must ensure that - |
access to the [UK RIE's] facilities is subject to criteria designed to protect the orderly functioning of the market and the interests of investors and is in accordance with paragraph 7B; |
Schedule to the Recognition Requirements Regulations, Paragraph 7B
2(1) |
The [UK RIE] must make transparent and non-discriminatory rules, based on objective criteria, governing access to, or membership of, its facilities. |
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(2) |
In particular those rules must specify the obligations for users or members of its facilities arising from - |
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(a) |
the constitution and administration of the [UK RIE]; |
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(b) |
rules relating to transactions on the market; |
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(c) |
its professional standards for staff of any investment firm or credit institution having access to or membership of a financial market operated by the [UK RIE]; |
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(d) |
conditions established under sub-paragraph (3)(c) for access to or membership of a financial market operated by the [UK RIE] by persons other than investment firms or credit institutions; and |
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(e) |
the rules and procedures for clearing and settlement of transactions concluded on a financial market operated by the [UK RIE]. |
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(3) |
Rules of the [UK RIE] about access to, or membership of, a financial market operated by it must permit the [UK RIE] to give access to or admit to membership (as the case may be) only - |
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(a) |
an investment firm, |
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(b) |
a credit institution, or |
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(c) |
a person who - |
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(i) |
is fit and proper, |
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(ii) |
has a sufficient level of trading ability and competence, |
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(iii) |
where applicable, has adequate organisational arrangements, and |
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(iv) |
has sufficient resources for the role he is to perform, taking into account the [UK RIE's] arrangements under paragraph 4(2)(d). |
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(4) |
Rules under this paragraph must enable - |
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(a) |
an investment firm authorised under Article 5 of [MiFID], or |
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(b) |
a credit institution authorised under the Banking Consolidation Directive, |
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by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to have direct or remote access to or membership of, any financial market operated by the [UK RIE] on the same terms as a UK firm. |
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(5) |
The [UK RIE] must make arrangements regularly to provide the [FSA] with a list of users or members of its facilities. |
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(6) |
This paragraph is without prejudice to the generality of paragraph 4. |
Schedule to the Recognition Requirements Regulations, Paragraph 7C
2(1) |
This paragraph applies to [a UK RIE] which provides central counterparty, clearing or settlement facilities. |
(2) |
The [UK RIE] must make transparent and non-discriminatory rules based on objective criteria, governing access to those facilities. |
(3) |
The rules under sub-paragraph (2) must enable an investment firm or a credit institution authorised by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to have access to those facilities on the same terms as a UK firm for the purposes of finalising or arranging the finalisation of transactions in financial instruments. |
(4) |
The [UK RIE] may refuse access to those facilities on legitimate commercial grounds. |
Location of recognition requirements and guidance
Recognition Requirements Regulations |
Subject |
Section in REC 2 |
Regulation 6 |
Method of satisfying recognition requirements |
2.2 |
Part I of the Schedule |
UK RIE recognition requirements |
|
Paragraph 1 |
Financial resources |
2.3 |
Paragraph 2 |
Suitability |
2.4 |
Paragraph 3 |
Systems and controls |
2.5 |
Paragraphs 4(1) and 4(2)(aa)2 2 |
General safeguards for investors |
2.6 |
Paragraph 4(2)(a) |
Access to facilities |
2.7 |
Paragraph 4(2)(b) |
Proper markets |
2.12 |
Paragraph 4(2)(c) |
Availability of relevant information |
2.12 |
Paragraph 4(2)(d) |
Settlement |
2.8 |
Paragraph 4(2)(e) |
Transaction recording |
2.9 |
2Paragraph 4(2)(ea) |
Conflicts |
2.5 |
Paragraph 4(2)(f) |
Financial crime and market abuse |
2.10 |
Paragraph 4(2)(g) |
Custody |
2.11 |
Paragraph 4(3) |
Definition of relevant information |
2.12 |
2Paragraph 4A |
Provision of pre-trade information about share trading |
2.6 |
2Paragraph 4B |
Provision of post-trade information about share trading |
2.6 |
Paragraph 6 |
Promotion and maintenance of standards |
2.13 |
Paragraph 7 |
Rules and consultation |
2.14 |
2Paragraph 7A |
Admission of financial instruments to trading |
2.12 |
2Paragraph 7B and 7C |
Access to facilities |
2.7 |
2Paragraph 7D |
Settlement |
2.8 |
2Paragraph 7E |
Suspension and removal of financial instruments from trading |
2.6 |
Paragraph 8 |
Discipline |
2.15 |
Paragraph 9 |
Complaints |
2.16 |
2Paragraph 9A |
Operation of a multilateral trading facility |
2.16A |
Part II of the Schedule |
UK RIE default rules in respect of market contracts |
2.17 |
Part III of the Schedule |
UK RCH recognition requirements |
|
Paragraph 16 |
Financial resources |
2.3 |
Paragraph 17 |
Suitability |
2.4 |
Paragraph 18 |
Systems and controls |
2.5 |
Paragraph 19(1) |
General safeguards for investors |
2.6 |
Paragraph 19(2)(a) |
Access to facilities |
2.7 |
Paragraph 19(2)(b) |
Clearing services |
2.8 |
Paragraph 19(2)(c) |
Transactions recording |
2.9 |
Paragraph 19(2)(d) |
Financial crime and market abuse |
2.10 |
Paragraph 19(2)(e) |
Custody |
2.11 |
Paragraph 20 |
Promotion and maintenance of standards |
2.13 |
Paragraph 21 |
Rules |
2.14 |
Paragraph 22 |
Discipline |
2.15 |
Paragraph 23 |
Complaints |
2.16 |
Part IV of the Schedule |
UK RCH default rules in respect of market contracts |
2.17 |