AI Summary of Schedule 2, Part 4 Amendments to the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (paras. 44-50)
The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 has been amended to enhance the Financial Conduct Authority's (FCA) regulatory framework regarding commodity derivatives. Notably, new provisions empower the FCA to mandate position limits and management controls for relevant persons engaged in trading specified commodity derivatives on trading venues.
Furthermore, adjustments to existing regulations, including the FCA’s duties and information-gathering capabilities, underscore the proactive approach in line with its operational objectives. This aims to foster a transparent and competitive trading environment while ensuring robust oversight of position management.
Schedule 2, Part 4 Amendments to the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (paras. 44-50)
Introductory
44 The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701) is amended in accordance with this Part of this Schedule.
Position limits for commodity derivatives
45 In Part 3 (position limits and position management controls in commodity derivatives), before regulation 16 insert -
"15A FCA rules relating to position limits
(1) The FCA may by rules require relevant persons to establish and apply -
(a) position limits in respect of specified commodity derivatives, or commodity derivatives of a specified class, that are traded on a trading venue, and
(b) position management controls in relation to the trading of commodity derivatives.
(2) The power to make rules under paragraph (1) is exercisable only if the FCA considers that the rules are necessary or expedient for the purpose of advancing one or more of its operational objectives referred to in section 1B(3) of the Act.
(3) In making rules under paragraph (1) the FCA must have regard to its competitiveness and growth objective in section 1EB of the Act.