OpenLegislation

Article 4 Amendment of earlier Orders

Original text. Later amendments are not shown.

(1)

The Building Societies (Designation of Qualifying Bodies) Order 1993f1 shall be amended—

(a)

in paragraph 1 of Part II of Schedule 1 (meaning of “specified type of body corporate”) by the insertion after sub-paragraph (a) of the following sub-paragraph—

“(aa)

a company or industrial and provident society,”;

(b)

by the substitution for paragraph 4(2)(b) of that Part of that Schedule (which currently restricts a funding body from carrying on a deposit-taking business in the United Kingdom) of the words “it carries on the business of trading in derivatives”; and

(c)

by the substitution for paragraph 6 of that Part of that Schedule (definitions) of the following—

“Other definitions

6

In this Schedule—

  • “market maker” means—

    1. (a)

      in relation to the United Kingdom, a person who—

      1. (i)

        holds himself out at all normal times in compliance with the rules of the Stock Exchange as willing to buy and sell securities of a particular kind at a price specified by him, and

      2. (ii)

        is recognised as doing so by the Council of the Stock Exchange; or

    2. (b)

      in relation to any country or territory outside the United Kingdom, a person who holds himself out at all normal times as willing to buy and sell at a price specified by him securities of a particular kind which are traded on any exchange in that country or territory;

  • “the Stock Exchange” means The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited; and

  • “trading in derivatives” means trading as principal in any investment of a description falling within one or more of paragraphs 4 (instruments entitling to shares or securities), 7 (options), 8 (futures) and 9 (contracts for differences) of Part I of Schedule 1 to the Financial Services Act 1986f2.”.

(2)

The Building Societies (Designation of Qualifying Bodies) (No. 3) Order 1993f3 shall be amended—

(a)

in column 4 of item 9 of Part I of the Schedule (purposes for which investment and support of a lending body is permitted) by the insertion of the words “and to accept deposits” after the words “this item”;

(b)

by the substitution for paragraph 6(2)(b) of Part II of the Schedule (which currently restricts designated bodies from carrying on a deposit-taking business in the United Kingdom) of the words “it carries on the business of trading in derivatives”; and

(c)

in paragraph 14 of the Schedule—

(i)

by the deletion of the definitions of “investment” and “market maker in securities of a particular kind”;

(ii)

by the substitution for the definition of “market maker” of the following—

  • ““market maker” means—

    1. (a)

      in relation to the United Kingdom, a person who—

      1. (i)

        holds himself out at all normal times in compliance with the rules of the Stock Exchange as willing to buy and sell securities of a particular kind at a price specified by him, and

      2. (ii)

        is recognised as doing so by the Council of the Stock Exchange; or

    2. (b)

      in relation to any country or territory outside the United Kingdom, a person who holds himself out at all normal times as willing to buy and sell at a price specified by him securities of a particular kind which are traded on any exchange in that country or territory.”;

(iii)

by the insertion after the definition of “relevant investment business” of the following definition—

  • ““the Stock Exchange” means The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited;”; and

(iv)

by the insertion after the definition of “subsidiary” and “subsidiary undertaking” of the following further definition—

  • ““trading in derivatives” means trading as principal in any investment of a description falling within one or more of paragraphs 4 (instruments entitling to shares or securities), 7 (options), 8 (futures) and 9 (contracts for differences) of Part I of Schedule 1 to the Financial Services Act 1986.”.

Annotations

Footnotes

f1

S.I. 1993/985, amended by S.I.s 1993/2706 and 1994/2457.

f2

1986 c. 41, Part I of Schedule 1 was amended by S.I.s 1988/496, 1990/349 and 1991/1104.

f3

S.I. 1993/2706, amended by S.I. 1994/2457.