UK · statutory instrument
DRS Regulations 2017The Data Reporting Services Regulations 2017
Contents
PART 1: Introductory Provisions
- Regulation 1 Citation and commencement (revoked)
- Regulation 2 Interpretation (revoked)
- Regulation 2A References to EU Regulations etc (revoked)
- Regulation 3 CTP definition and conditions (revoked)
- Regulation 4 Retained EU law (revoked)
PART 2: Authorisation of Data Reporting Services
- Regulation 5 Prohibition on provision of data reporting service (revoked)
- Regulation 6 Register of data reporting service providers (revoked)
- Regulation 7 Application for authorisation to provide a data reporting service (revoked)
- Regulation 8 Application for verification of compliance with these Regulations (revoked)
- Regulation 9 Conditions for authorisation to provide a data reporting service (revoked)
- Regulation 10 Determination of an application for authorisation to provide a data reporting service (revoked)
- Regulation 11 Cancellation of an authorisation to provide a data reporting service (revoked)
- Regulation 12 Variation of an authorisation to provide data reporting services (revoked)
- Regulation 12A Deemed authorisation to provide a data reporting service (revoked)
- Regulation 12B Regulator response (revoked)
- Regulation 12C Period during which regulation 12A is to apply (revoked)
PART 3: Operating Requirements
- Regulation 13 Requirements for the management body of a data reporting service provider (revoked)
- Regulation 14 Conditions for an APA (revoked)
- Regulation 15 Conditions for a CTP (revoked)
- Regulation 16 Conditions for an ARM (revoked)
PART 4: Administration and enforcement
CHAPTER 1: The FCA
- Regulation 17 Functions of the FCA (revoked)
- Regulation 18 Monitoring and enforcement (revoked)
- Regulation 19 Co-operation and consultation (revoked)
- Regulation 20 Guidance (revoked)
- Regulation 21 Reporting requirements (revoked)
- Regulation 22 Restrictions on authorisation to carry on data reporting services (revoked)
- Regulation 23 Public censure (revoked)
- Regulation 24 Financial penalties (revoked)
- Regulation 25 Warning notice (revoked)
- Regulation 26 Decision notice (revoked)
- Regulation 27 Statements of policy (revoked)
- Regulation 28 Statements of policy: procedure (revoked)
- Regulation 29 Misleading the FCA (revoked)
- Regulation 30 Breach of the prohibition on provision of data reporting service (revoked)
- Regulation 31 Restriction on penalties (revoked)
CHAPTER 2: Application of the Act for the purposes of the Regulations
- Regulation 32 Application of Part 9 of the Act (hearings and appeals) (revoked)
- Regulation 33 Application of Part 11 of the Act (information gathering and investigations) (revoked)
- Regulation 34 Information given by an auditor (revoked)
- Regulation 35 Restrictions on disclosure of information (revoked)
- Regulation 36 Application of Part 25 of the Act (injunctions and restitution) (revoked)
- Regulation 37 Application of Part 26 of the Act (notices) (revoked)
- Regulation 38 Application of Part 27 of the Act (offences) (revoked)
- Regulation 39 Application of section 413 of the Act (protected items) (revoked)
- Regulation 40 FCA: penalties, fees and exemption from liability in damages (revoked)
CHAPTER 3: Application of secondary legislation for the purposes of the Regulations
- Regulation 41 Service of notices (revoked)
- Regulation 42 Disclosure of confidential information (revoked)
- Regulation 43 Communications by auditors (revoked)
PART 5: Miscellaneous
- Regulation 44 Record keeping (revoked)
- Regulation 45 Reporting of infringements (revoked)
- Regulation 46 Application to Gibraltar (revoked)
- Regulation 47 Applications for authorisation and verification: CTP definition and conditions (revoked)
- Regulation 48 Review (revoked)
Restated in FCA rules
DRS Regulations 2017 was revoked from 5 Apr 2024 by Financial Services and Markets Act 2023. These Handbook provisions restate it: made by FCA 2023/42 under CP23/15, in force from 5 Apr 2024 (confidence 90%). Replaced by Data Reporting Services Regulations 2024 (S.I. 2024/107), FSMA s.300H (FCA rules for data reporting service providers) (confidence 90%). The Handbook does not say which provision restates which article.
Source: Explanatory memorandum to S.I. 2024/107, paras 6.6-6.7: firm-facing rules for data reporting service providers are FCA rules under FSMA s.300H, in force with the revocation of the 2017 Regulations (5 Apr 2024). MAR 9 data reporting service rules made by FCA 2023/42 from 5 Apr 2024, listed with CP23/15 (CP23/33 contains the policy statement).
63 Handbook provisions
- MAR 9.1.1G Application
- MAR 9.1.3BG Approach
- MAR 9.1.4G Structure
- MAR 9.2.1D Application form and notification form for members of the management body
- MAR 9.2.5CG Cancellation of authorisation form
- MAR 9.2A.1G Selection of a consolidated tape provider
- MAR 9.2A.2G Selection of a consolidated tape provider
- MAR 9.2A.3G Selection of a consolidated tape provider
- MAR 9.2A.4G Selection of a consolidated tape provider
- MAR 9.2A.5G Selection of a consolidated tape provider
- MAR 9.2A.6G Selection of a consolidated tape provider
- MAR 9.2A.7R Selection of a consolidated tape provider
- MAR 9.2A.8R Selection of a consolidated tape provider
- MAR 9.2B.1R Requirements for the management body of a data reporting service provider
- MAR 9.2B.2R Conflicts of interest
- MAR 9.2B.3R Organisational requirements regarding outsourcing
- MAR 9.2B.4R Business continuity and back-up facilities
- MAR 9.2B.5R Testing and capacity
- MAR 9.2B.6R Security
- MAR 9.2B.7R Record keeping
- MAR 9.2B.8R Reporting of infringements
- MAR 9.2B.9R Conditions for an ARM
- MAR 9.2B.10R Management of incomplete or potentially erroneous information by ARMs
- MAR 9.2B.11R Connectivity of ARMs
- MAR 9.2B.12R Conditions for an APA – organisational requirements
- MAR 9.2B.13R Conditions for a CTP – organisational requirements
- MAR 9.2B.14R Other services provided by CTPs
- MAR 9.2B.15R Management of incomplete or potentially erroneous information by APAs
- MAR 9.2B.16R Conditions for an APA – policies and arrangements for publication of information
- MAR 9.2B.17R Machine readability – APAs
- MAR 9.2B.18R Certification requirement
- MAR 9.2B.19R Details to be published by the APA
- MAR 9.2B.20R Non-discrimination requirements for APAs
- MAR 9.2B.21R Obligation on APAs to provide market data on a reasonable commercial basis
- MAR 9.2B.22R Provision of market data based on cost – APAs
- MAR 9.2B.23R Obligation to provide market data on a non-discriminatory basis – APAs
- MAR 9.2B.24R Per user fees – APAs
- MAR 9.2B.25R Unbundling and disaggregating market data – APAs
- MAR 9.2B.26R Transparency obligation – APAs
- MAR 9.2B.27R Conflicts of interest obligations for CTPs
- MAR 9.2B.28R Obligations for CTPs on apportionment of responsibilities
- MAR 9.2B.29R Outsourcing obligations for CTPs
- MAR 9.2B.30R Non-discrimination obligations for CTPs
- MAR 9.2B.31R Management of incomplete or potentially erroneous information by CTPs
- MAR 9.2B.32R Obligations of CTPs to ensure data quality and report information
- MAR 9.2B.34R Scope of the consolidated tape for bonds and publication of information
- MAR 9.2B.35R Machine readability and required formats for a CTP
- MAR 9.2B.36R Obligation for a CTP to provide market data on a non-discriminatory basis
- MAR 9.2B.40R Governance obligations for a CTP
- MAR 9.2C.1R
- MAR 9.2C.2G
- MAR 9.2C.3G
- MAR 9.2C.4G
- MAR 9.2D.1R
- MAR 9.3.1R Notification to the FCA of material changes in information provided at the time of authorisation
- MAR 9.3.2R Notification to the FCA of change to membership of management body
- MAR 9.3.4R Notification to the FCA by an APA or a CTP of compliance with connectivity requirements
- MAR 9.3.6R Notification to the FCA by an APA or a CTP of compliance with connectivity requirements
- MAR 9.3.8R Yearly notifications to the FCA
- MAR 9.3.9G Yearly notifications to the FCA
- MAR 9.3.10R Ad hoc notifications to the FCA
- MAR 9.3.11G Ad hoc notifications to the FCA
- MAR 9.3.12R Provision of the forms in MAR 9 Annexes 5R, 6R, 7R, 8R and 9R to the FCA
FCA Handbook references © FCA, used under the Open Government Licence v3.0. Rulestack is independent and not endorsed by the FCA.
MiFID II provisions it transposes
HM Treasury’s transposition note (2017) names these MiFID II provisions as transposed by DRS Regulations 2017. Each provision’s page says which part of DRS Regulations 2017 does it.
- Article 4 MiFID II: Art 4(1)(1), Art 4(1)(15), Art 4(1)(20), Art 4(1)(21), Art 4(1)(22), Art 4(1)(23), Art 4(1)(24), Art 4(1)(27), Art 4(1)(36), Art 4(1)(37), Art 4(1)(52), Art 4(1)(53), Art 4(1)(54), Art 4(1)(55)
- Article 59 MiFID II: Art 59(1), Art 59(2), Art 59(3), Art 59(4)
- Article 60 MiFID II: Art 60(1), Art 60(2)
- Article 61 MiFID II: Art 61(1), Art 61(2), Art 61(3)
- Article 62 MiFID II: Art 62
- Article 63 MiFID II: Art 63(1), Art 63(4), Art 63(5)
- Article 64 MiFID II: Art 64(1) to (5)
- Article 65 MiFID II: Art 65(1) to (5)
- Article 66 MiFID II: Art 66(1) to (4)
- Article 67 MiFID II: Art 67(1)
- Article 68 MiFID II: Art 68
- Article 69 MiFID II: Art 69(2)(a) and (b), Art 69(2)(c), (d), (i) and (r), Art 69(2)(e), Art 69(2)(f), (k) and (l), Art 69(2)(g), Art 69(2)(h), Art 69(2)(q), Art 69(2) third sub-paragraph, Art 69(1) and (2) (see also)
- Article 70 MiFID II: Art 70(1) (excluding third sub-paragraph), (3)(a)(xxxvii) to (xxxx) and (6)(a) to (c), (f) to (h) and (7), Art 70(2), Art 70(4), Art 70(5)
- Article 71 MiFID II: Art 71(1), (2) and (5)
- Article 73 MiFID II: Art 73(2)
- Article 74 MiFID II: Art 74(1)
- Article 76 MiFID II: Art 76
- Article 77 MiFID II: Art 77
- Article 79 MiFID II: Art 79(1) (part) and (3)
- Article 80 MiFID II: Art 80(1)
- Article 93 MiFID II: Art 93(1) sub-paragraph 2
Replaced by
DRS Regulations 2017 was revoked from 5 Apr 2024 by Financial Services and Markets Act 2023. Replaced by Data Reporting Services Regulations 2024 (S.I. 2024/107), FSMA s.300H (FCA rules for data reporting service providers) (confidence 90%).
Source: Explanatory memorandum to S.I. 2024/107, paras 2.2-2.3 and 6.2-6.7: it replaces the Data Reporting Services Regulations 2017, restating parts of them with modifications, and firm-facing requirements pass to FCA rules made under FSMA s.300H, all from the day the 2017 Regulations are revoked (5 Apr 2024, FSMA 2023 Sch 1 Pt 2; S.I. 2023/1382).