REC 3.26 Proposals to make regulatory provision

The duty in section 300B(1) of the Act does not apply to any of the following:

1. (1)

   any regulatory provision which is required under any enactment or rule of law in the United Kingdom; or

2. (2)
   1. (a)

      the specification of the standard terms of any derivative which a UK RIE proposes to admission to trading, or the amendment of the standard terms of any derivative already admitted to trading; or

   2. (b)

      the specification or any amendment of standard terms relating to the provision of clearing facilitation services for any derivative; or

   3. (c)

      the specification or any amendment of operating procedures which are reasonably consequential on any regulatory provision falling within (a) or (b); or

3. (3)

   any regulatory provision which is expressed to have effect for no longer than three months which is made by a UK recognised body in response to an emergency event (including, without limitation, a war, terrorist attack or labour strike); or

4. (4)

   any regulatory provision which does not impose a requirement (including any obligation or burden) on persons affected (directly or indirectly) by it; or

5. (5)

   any other regulatory provision which has not been excluded under (1), (2), (3) or (4) other than any such provision which (taken together with any other regulatory provision not otherwise the subject of a notice under section 300B(1) of the Act):

   1. (a)

      materially increases disclosure, reporting or corporate governance requirements imposed on any person (whether directly or indirectly); or

   2. (b)

      imposes a material limitation affecting any person (whether directly or indirectly including, without limitation, through an amendment to fees or charges) on the type or nature of financial instruments which may be listed or the subject of admission to trading on the facilities operated by the UK RIE proposing to make the regulatory provision; or

   3. (c)

      materially limits access to, or use by, any person (whether directly or indirectly including, without limitation, through an amendment to fees or charges) of the facilities operated by the UK recognised body proposing to make the regulatory provision; or

   4. (d)

      materially limits or restricts the ability of any person to supply services (including, without limitation, trading, clearing, settlement or information services) to persons who are users of the facilities operated by the UK RIE proposing to make the regulatory provision (whether directly or indirectly, including by the imposition of an obligation or burden on the supplier or on a user of the UK RIE); or

   5. (e)

      materially adds to the circumstances in which any person (whether directly or indirectly) may be liable to penalties or other sanctions or have liability in damages.

A notice under section 300B(1) of the Act of a proposal to make a regulatory provision must be in writing and state expressly that it is a notice for the purpose of that section. To be effective, a notice must:

1. (1)

   contain full particulars of the proposal to make a regulatory provision which is the subject of that notice; and

2. (2)

   either be accompanied by sufficient supporting information to enable the FCA to assess the purpose and effect of the proposed regulatory provision or refer to such information in circumstances where such information has already been provided to the FCA.

A UK RIE must provide such additional information in connection with a notice under section 300B(1) of the Act as the FCA may reasonably require.