Crypto Law Profile

UK Digital Securities Sandbox Regulations 2023

UK regulations establishing the Digital Securities Sandbox, a temporary regime for testing distributed-ledger and other developing technologies in securities trading, settlement, notary and maintenance activities under Bank of England and FCA oversight.

United Kingdom Effective Act Jan 8, 2024

At a glance

Current status In force since 8 January 2024; scheduled to cease on 8 January 2029 unless extended.
Purpose Creates a live, temporary regime for testing digital securities infrastructure using developing technology.
Regulators The FCA oversees trading venues; the Bank of England oversees depository functions.
Core scope Covers eligible securities and FMI activities; unbacked cryptoassets and derivative trading are outside scope.

Overview

The Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023 (S.I. 2023/1398) are a United Kingdom statutory instrument in force from 8 January 2024. They create the Digital Securities Sandbox (DSS), a temporary financial market infrastructure testing regime for using developing technology, including distributed ledger technology, in securities trading, recordkeeping and settlement. The instrument extends across the UK and is scheduled to cease on 8 January 2029 unless it is extended by further legislation.

What the Digital Securities Sandbox regulations establish

Regulation 3 creates the DSS under the financial market infrastructure sandbox powers in the Financial Services and Markets Act 2023. Rather than establishing a general cryptoasset regime, the instrument permits approved, UK-established entities to operate within a temporarily modified statutory framework. Activities may include operating a trading venue and performing the notary, maintenance and settlement functions associated with securities depositories. Approved ancillary activities, users and service providers may also participate in connection with a sandbox entrant.

Eligibility, approval and regulatory responsibility

Recognised investment exchanges, recognised central securities depositories and certain operators of multilateral or organised trading facilities are expressly eligible to apply. The appropriate regulator may also permit other UK-established persons to apply. An approved entrant receives a Sandbox Approval Notice (SAN) specifying its permitted activities and any conditions, limits, restrictions or recording and settlement requirements. Entrants must make the extent of their approval publicly available.

Regulatory responsibility follows the activity undertaken. The Financial Conduct Authority oversees trading-venue activity, the Bank of England oversees depository functions, and both regulators act where an entrant combines them. The 2025 amendment refined the appropriate-regulator provisions and made further changes, including temporary modifications to the application of the UK Money Laundering Regulations for relevant DSS activity.

Modified legal framework and safeguards

The Schedule modifies parts of the UK Central Securities Depositories Regulation, the Financial Services and Markets Act 2000, the Companies Act 2006 and the Uncertificated Securities Regulations 2001. Within that framework, the regulators may make, disapply, modify or waive rules; adjust technical standards; supervise entrants; require information; direct activities; and modify, suspend or cancel a SAN. HM Treasury may direct the regulators to impose overall limits, while the Bank and FCA must maintain arrangements for cooperation.

The DSS supports live market activity rather than simulation. A firm does not gain permission to conduct live business merely by passing the first entry gate; go-live requires the relevant Gate 2 approvals. Activity can then scale through later gates under regulatory limits. The regulators also caution that a Digital Securities Depository may not initially meet the same standards as a conventional central securities depository, which can create higher operational and failure risk for users.

Digital securities in scope and exclusions

Official regulator materials identify equities, corporate and government bonds, money-market instruments, fund units and emissions allowances as examples of instruments that may be issued and traded in the DSS. The trading and settlement of unbacked cryptocurrencies such as Bitcoin and of derivative contracts are outside the sandbox’s scope, although market participants may write derivatives referencing securities issued inside it. The regime therefore concerns tokenised forms of eligible securities and related market infrastructure, not cryptoassets generally.

Status, amendments and sunset

The Regulations were made on 14 December 2023 and came into force on 8 January 2024. The Bank and FCA opened the DSS for applications on 30 September 2024. S.I. 2025/93 amended the framework with effect from 3 March 2025. On 18 May 2026, the authorities reported that 16 firms had passed the first stage and were working toward go-live; Gate 1 status alone does not authorise live activity. The application window is expected to close around March 2027. HM Treasury’s statutory report date is 10 January 2028, and the Regulations are due to cease on 8 January 2029 unless extended. Any permanent successor regime would require further legal action informed by the sandbox’s operation.

Key provisions

Temporary financial market infrastructure sandbox

Creates the DSS to test developing technology, including distributed ledgers, in specified financial market infrastructure activities under a temporary modified legal framework.

Tokenization Jan 8, 2024 Source

Eligible applicants and Sandbox Approval Notices

Allows specified UK-established market infrastructures and other permitted applicants to seek approval. Each successful entrant receives a SAN defining activities, conditions, limits and restrictions.

Licensing & Registration Jan 8, 2024 Source

Trading, notary, maintenance and settlement activities

Covers operating a trading venue and the notary, maintenance and settlement functions linked to eligible instruments, together with approved ancillary FMI activities.

Securities Jan 8, 2024 Source

Modified statutory framework

Temporarily modifies or disapplies specified provisions of UK CSDR, FSMA 2000, the Companies Act 2006 and the Uncertificated Securities Regulations 2001.

Regulatory perimeter Jan 8, 2024 Source

Regulator rulemaking, supervision and activity limits

Empowers the Bank and FCA to make or modify rules, supervise entrants, require information, direct activity and adjust, suspend or cancel Sandbox Approval Notices.

Supervision Jan 8, 2024 Source

2025 AML and technical amendments

S.I. 2025/93 refined regulator allocation and modified the application of the Money Laundering Regulations and related provisions for specified DSS activity.

AML/CFT Mar 3, 2025 Source

Statutory report and scheduled sunset

Sets 10 January 2028 as HM Treasury’s statutory report date and provides that the Regulations cease to have effect on 8 January 2029 unless extended.

Sunset Jan 8, 2024 Source

Timeline

  1. Regulations made

    HM Treasury made S.I. 2023/1398; the instrument was laid before Parliament on 18 December 2023.

    Enacted Source
  2. Regulations entered into force

    The statutory framework establishing the Digital Securities Sandbox became legally operative across the United Kingdom.

    In force Source
  3. Sandbox opened for applications

    The Bank of England and FCA published their joint policy statement and final guidance, launching applications to the DSS.

    Effective Source
  4. 2025 amendments entered into force

    S.I. 2025/93 amended regulator allocation and parts of the temporary legal framework, including specified AML-related modifications.

    In force Source
  5. Authorities reported 16 Gate 1 entrants

    The FCA and Bank reported that 16 firms had passed the first DSS stage and were working toward go-live.

    In force Source

Who it affects

Actors

Bank of England, Financial Conduct Authority, HM Treasury

Asset classes

Securities

Official sources

Editorial note

This profile covers S.I. 2023/1398 as amended by S.I. 2025/93, effective 3 March 2025. Operational obligations may also arise from Bank of England and FCA rules, guidance and firm-specific Sandbox Approval Notices, which can change without amending the parent instrument.