Collection

Financial services legislation under the EU (Withdrawal) Act 2018

HM Treasury’s programme of secondary legislation to ensure that the UK continues to have a functioning financial services regulatory regime in all scenarios, when the UK leaves the EU in March 2019.

This collection sets out how HM Treasury intends to use the powers under the European Union (Withdrawal) Act 2018, to ensure that the UK will have a functioning financial services regulatory regime in all scenarios, when the UK leaves the EU in March 2019.

This work involves making statutory instruments (SIs) under the European Union (Withdrawal) Act to prevent, remedy or mitigate any failure of EU law to operate effectively after the UK leaves the EU. These SIs are not intended to make policy changes, other than those necessary to reflect the UK’s new position outside the EU, and to smooth the transition to this situation.

This page contains links to the latest announcements, general approach papers and SIs that have been published in draft in advance of laying before Parliament.

Made statutory instruments

Approach papers

  1. The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018
  2. Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2018
  3. Draft Investment Exchanges, Clearing Houses and Central Securities Depositories (Amendment) (EU Exit) Regulations 2018
  4. Onshoring of elements of the E-Commerce Directive relating to financial services
  5. Draft Ring-fenced Bodies (Amendment) (EU Exit) Regulations 2018
  6. Regulations relating to the European Supervisory Authorities and the European Systemic Risk Board
  7. Proposal for a temporary transitional power to be exercised by UK regulators
  8. Approach to financial services legislation under the EU (Withdrawal) Act 2018

Published draft statutory instruments

  1. Draft EU Exit legislation relating to the financial services framework between the UK and Gibraltar
  2. Draft Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019
  3. Draft Benchmarks (Amendment and Transitional Provision) (EU Exit) Regulations 2019
  4. Draft Financial Conglomerates and Other Financial Groups (Amendment) (EU Exit) Regulations 2018
  5. Draft Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019
  6. Draft Financial Services Contracts (Transitional and Saving Provision) (EU Exit) Regulations 2019
  7. Draft Securitisation (Amendment) (EU Exit) Regulations 2019
  8. Draft Transparency of Securities Financing Transactions and of Reuse (Amendment) (EU Exit) Regulations 2019
  9. Financial Services (Distance Marketing) (Amendment and Savings Provisions) (EU Exit) Regulations 2019
  10. Draft Official Listing of Securities, Prospectus and Transparency (Amendment) (EU Exit) Regulations 2019
  11. Draft EU Exit SIs for investment funds and their managers

Draft affirmative statutory instruments laid before Parliament

Negative statutory instruments laid before Parliament

Archive of previous publications

  1. Draft Packaged Retail and Insurance-based Investment Products (Amendment) (EU Exit) Regulations 2019
  2. Draft Solvency II and Insurance (Amendment etc) (EU Exit) Regulations 2018
  3. Draft Insurance Distribution (Amendment) (EU exit) Regulations 2019
  4. Draft Mortgage Credit (Amendment) (EU Exit) Regulations 2019
  5. Draft Credit Rating Agencies (Amendments etc.) (EU Exit) Regulations 2018
  6. Draft Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2018
  7. Draft Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2018
  8. Draft Interchange Fee (Amendment) (EU Exit) Regulations 2018
  9. Draft Market Abuse (Amendment) (EU Exit) Regulations 2018
  10. Draft Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018
  11. Draft Capital Requirements (Amendment) (EU Exit) Regulations 2018
  12. Draft Trade Repositories (Amendment and Transitional Provision) (EU exit) Regulations 2018
  13. Draft Central Securities Depositories (Amendment) (EU Exit) Regulations 2018
  14. Draft Payment Accounts (Amendment) (EU Exit) Regulations 2018
  15. Draft Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018
  16. Draft Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018
  17. Draft Deposit Guarantee Scheme and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018
  18. Draft EU Exit SIs for payment services, e-money and the SEPA Regulation
  19. Draft Short Selling (Amendment) (EU Exit) Regulations 2018
  20. Temporary Permissions Regime for firms
Published 9 August 2018
Last updated 9 January 2019 + show all updates
  1. Draft Public Record, Disclosure of Information and Co-operation (Financial Services) (Amendment) (EU Exit) Regulations 2019 added.
  2. Draft SI added for Draft Benchmarks (Amendment and Transitional Provision) (EU Exit) Regulations 2019
  3. Updated with 'The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018', 'Draft EU Exit legislation relating to the financial services framework between the UK and Gibraltar', 'Draft Transparency of Securities Financing Transactions and of Reuse (Amendment) (EU Exit) Regulations 2019', and 'Draft Securitisation (Amendment) (EU Exit) Regulations 2019'.
  4. Updated with 'List of made financial services statutory instruments'.
  5. Updates to 'Draft Market Abuse (Amendment) (EU Exit) Regulations 2018' and 'Draft Credit Rating Agencies (Amendments etc.) (EU Exit) Regulations 2018'.
  6. Updated with 'Draft Benchmarks (Amendment and Transitional Provision) (EU Exit) Regulations 2019' and 'Draft Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019'.
  7. Updated with ‘Draft Financial Services (Distance Marketing) (Amendment) (EU Exit) Regulations 2019’, ‘Onshoring of elements of the E-Commerce Directive relating to financial services’, ‘Draft Official Listing of Securities, Prospectus and Transparency (Amendment) (EU Exit) Regulations 2019’, ‘Draft Market Abuse (Amendment) (EU Exit) Regulations 2018’ and ‘Draft Insurance Distribution (Amendment) (EU exit) Regulations 2019’.
  8. Draft Interchange Fee (Amendment) (EU Exit) Regulations 2018 published.
  9. Updated with Draft Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2018.
  10. Updated with 'Draft Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2018' and 'Draft Payment Accounts (Amendment) (EU Exit) Regulations 2018'.
  11. Updated with 'Draft Ring-fenced Bodies (Amendment) (EU Exit) Regulations 2018', 'Draft Financial Conglomerates and Other Financial Groups (Amendment) (EU Exit) Regulations 2018', 'Draft Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018' and 'Draft Central Securities Depositories (Amendment) (EU Exit) Regulations 2018'.
  12. Updated with Draft Solvency II and Insurance (Amendment etc) (EU Exit) Regulations 2018 and European Supervisory Authorities and the European Systemic Risk Board
  13. Updated with: - Proposal for a temporary transitional power to be exercised by UK regulators - Draft Credit Rating Agencies (Amendments etc.) (EU Exit) Regulations 2018: explanatory information - Draft Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 - Draft EU Exit SIs for investment funds and their managers
  14. Updated with Draft Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 and Draft Trade Repositories (Amendment and Transitional Provision) (EU exit) Regulations 2018 in addition to updates to ordering.
  15. Updated with: 'Draft Payments and electronic money (Amendment) (EU Exit) Regulations’ and ‘The Credit Transfers and Direct Debits in Euro (Amendment) (EU Exit) Regulations 2018’.
  16. 'Draft Capital Requirements (Amendment) (EU Exit) Regulations 2018' added
  17. Draft Deposit Guarantee Scheme and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018 added
  18. First published.