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Section 4 Off-market deals in advertised securities.

England, Wales and Scotland

F1(1)

Subject to section 6, sections 1 to 3 apply in relation to—

(a)

dealing otherwise than on a recognised stock exchange in the advertised securities of any company—

(i)

through an off-market dealer who is making a market in those securities, in the knowledge that he is an off-market dealer, that he is making a market in those securities and that the securities are advertised securities, or

(ii)

as an off-market dealer who is making a market in those securities or as an officer, employee or agent of such a dealer acting in the course of the dealer’s business;

(b)

counselling or procuring a person to deal in advertised securities in the knowledge or with reasonable cause to believe that he would deal in them as mentioned in paragraph (a);

(c)

communicating any information in the knowledge or with reasonable cause to believe that it would be used for such dealing or for such counselling or procuring,

as they apply in relation to dealing in securities on a recognised stock exchange and to counselling or procuring or communicating any information in connection with such dealing.

F2(2)

In its application by virtue of this section the definition of “market maker” in section 3(1) shall have effect as if the references to a recognised stock exchange were references to a recognised investment exchange (other than an overseas investment exchange) within the meaning of the Financial Services Act 1986.

Annotations

Textual amendments

F1

By Financial Services Act 1986 (c. 60, SIF 69), s. 174(3) it is provided that the existing provisions of section 4 shall become subsection (1) of that section

F2

S. 4(2) inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 174(3)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.3.1994) by 1993 c. 36, s. 79(14), Sch. 6 Pt. I; S.I. 1994/242, art. 2