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SOLR_PROP

Markets in Financial Instruments and Miscellaneous Provisions Act 2007

Interpretation.

3.— (1) In this Act:

“ Bank” means the Central Bank and Financial Services Authority of Ireland;

“ Irish investment services law ” means—

(a) the measures adopted for the time being by the State to implement the Markets in Financial Instruments Directive and the Supplemental Directive, including but not limited to such measures enacted by—

(i) an Act,

(ii) the European Communities (Markets in Financial Instruments) Regulations 2007 ( S.I. No. 60 of 2007 ), or

(iii) any other enactment,

(b) any measures directly applicable in the State in consequence of the Markets in Financial Instruments Directive, including but not limited to the MiFID Regulation, and

(c) any supplementary or consequential measures or both adopted for the time being by the State in respect of the MiFID Regulation;

“ Markets in Financial Instruments Directive ” means Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments as amended or replaced from time to time by either a directive or regulation—

(a) made by a competent organ of the European Union, and

(b) implemented under the laws of the State;

“ MiFID Regulation ” means Commission Regulation (EC) No. 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive;

“ Minister ” means the Minister for Finance;

“ Supplemental Directive ” means Commission Directive No. 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive;

(2) A word or expression that is used in this Act and is also used in the Markets in Financial Instruments Directive or the Supplemental Directive has the same meaning in this Act as it has in the Markets in Financial Instruments Directive or the Supplemental Directive, unless—

(a) the contrary intention appears, or

(b) Irish investment services law provides otherwise.