14 January 2025
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In The Know: UK-EU Banking and Investment Regulation

To The Point
(5 min read)

In this edition, we share our insights on the critical third parties' (CTPs) oversight regime in the UK including the final requirements and expectations for CTPs in the financial sector, as established by the Bank of England (BoE), the Prudential Regulation Authority, and the Financial Conduct Authority. We further discuss the HM Treasury's response to the feedback to its consultation on near-term bank ring-fencing reforms and the BoE's forward-looking regulatory regime and new fundamental rules for financial market infrastructures (FMIs). Our edition also features key EU publications including the several regulations and level three documents recently published by the European authorities and the EU Commission in relation to Markets in Crypto-Assets Regulation (MiCA) and Digital Operational Resilience Act (DORA).

HM Treasury's response to the feedback to its consultation on near-term bank ring-fencing reforms

On 11 November 2024, HM Treasury published a response to its consultation on near-term reforms relating to the bank ring-fencing regime. It has also published a draft version of the Financial Services and Markets Act 2000 (Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) (Amendment) Order 2024. These amendments aim to refine the regulatory framework for ring-fenced financial institutions and remove EU-specific terms that are now irrelevant post-Brexit.

Read here to know more on the HMT's response and the details on the draft Order

Bank of England's forward-looking regulatory regime and new fundamental rules for financial market infrastructures

On 19 November 2024, the Bank of England (BoE) published a consultation paper on introducing fundamental rules for certain financial market infrastructures (FMIs) in the UK. The BoE supervises UK central counterparties (CCPs), central securities depositories (CSDs), recognised payment systems operators and specified service providers. Last year it took on new rule-making powers in relation to CCPs and CSDs. Now for the first time it is using these powers to set legally binding regulation for all the FMIs it oversees.

Click here to read further on what these fundamental rules are

BoE, PRA and FCA policy statement on critical third parties oversight regime

On 12 November 2024, the Bank of England, Prudential Regulation Authority and Financial Conduct Authority published a joint policy statement on operational resilience and critical third parties (CTPs) in the UK financial services sector. The policy statement includes the final requirements and expectations for CTPs in the financial sector, as established by the regulators.

Click here to learn more on the new CTP oversight regime and our top tips on five key things to know on the regime

Regulations and level three documents published in preparation for the entry into force of MICA

The European authorities and the EU Commission have recently issued several regulations and level three documents in preparation for the entry into force of Markets in Crypto-Assets Regulation (MiCA).

Read more on these publications here

Final pieces of EU legislation on DORA published

In preparation for the entry into force of Digital Operational Resilience Act (DORA), scheduled for 17 January 2025, the final pieces of EU legislation have now been published.

Click here to learn more on these legislation under DORA

Upcoming events

For information on all our upcoming training events including our Regulatory Essentials programme, please visit our Financial Regulation page on our website.

Next steps

If you would like to get in touch or for more information on any topic in this newsletter, please email us.

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