MAR 8.1 Application and purpose

Application

MAR 8.1.1 R RP

MAR 8.4 to MAR 8.7 apply in accordance with the application provisions set out in those sections.3

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Purpose

MAR 8.1.2 G RP

The purpose of this chapter is to set out the requirements that apply to firms involved in the provision of, or contribution to, benchmarks, as follows:3

  1. (1)

    MAR 8.4 (Third country benchmark contributors) sets out the requirements that apply to third country benchmark contributors that are not supervised entities, but would be if they were located in the EU. These rules apply requirements mirroring those which apply to benchmark contributors that are in scope of the benchmarks regulation.3

  2. (2)

    MAR 8.5 (Regulated benchmark administrators) sets out some Handbook requirements that apply to regulated benchmark administrators (who have been authorised under the benchmarks regulation for the activity of administering a benchmark).3

  3. (3)

    MAR 8.6 (Responsibility for benchmark activities: benchmark contributors) sets out requirements in relation to responsibility for contributing input data to a BMR benchmark administrator. 3

  4. (4)

    MAR 8.7 (Procedures for exercising powers in relation to critical benchmarks) sets out the procedure for imposing requirements under articles 21 and 23 of the benchmarks regulation in relation to critical benchmarks.3

[Note: articles 2(2) and 12 of the Market Abuse Regulation and3 article 15 of the Market Abuse Regulation, regarding the ongoing market abuse provisions applicable to firms carrying out the activities specified in MAR 8.1.2G, and the benchmarks regulation setting out the requirements applicable to firms administering, contributing to and using a benchmark3.]

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Actions for damages

MAR 8.1.3 R RP

A contravention of a rule3 in MAR 8 does not give rise to a right of action by a private person under section 138D(2) of the Act (and each rule in MAR 8 is specified under section 138D(3) of the Act as a provision giving rise to no such right of action).