Paragraph 22

United Kingdom

(1)

Paragraph 12 above does not apply to a person by reason of his buying, selling or subscribing for an investment or offering or agreeing to do so if—

(a)

the investment is or, as the case may be, is to be held by him as bare trustee or, in Scotland, as nominee for another person;

(b)

he is acting on that person’s instructions; and

(c)

he does not hold himself out as providing a service of buying and selling investments.

(2)

Paragraph 13 above does not apply to anything done by a person as trustee or personal representative with a view to—

(a)

a fellow trustee or personal representative and himself engaging in their capacity as such in an activity falling within paragraph 12 above; or

(b)

a beneficiary under the trust, will or intestacy engaging in any such activity,

unless that person is remunerated for what he does in addition to any remuneration he receives for discharging his duties as trustee or personal representative.

F1(2A)

Paragraph 13A above does not apply to anything done by a person as a trustee or personal representative unless—

(a)

he holds himself out as providing a service falling within paragraph 13A above; or

(b)

he is remunerated for providing such a service in addition to any remuneration he receives for discharging his duties as trustee or personal representative.

(3)

Paragraph 14 above does not apply to anything done by a person as trustee or personal representative unless he holds himself out as offering investment management services or is remunerated for providing such services in addition to any remuneration he receives for discharging his duties as trustee or personal representative.

(4)

Paragraph 15 above does not apply to advice given by a person as trustee or personal representative to—

(a)

a fellow trustee or personal representative for the purposes of the trust or estate; or

(b)

a beneficiary under the trust, will or intestacy concerning his interest in the trust fund or estate,

unless that person is remunerated for doing so in addition to any remuneration he receives for discharging his duties as trustee or personal representative.

F2(4A)

Paragraph 16A does not apply to a person by reason of his sending, or causing the sending of, dematerialised instructions relating to an investment held by him as trustee or as personal representative, or by reason of his offering or agreeing to do so.

(5)

Sub-paragraph (1) above has effect to the exclusion of paragraph 17 above as respects any transaction in respect of which the conditions in sub-paragraph (1)(a) and (b) are satisfied.

Annotations

Textual amendments

F1: Sch. 1 para. 22(2A) inserted (1.6.1997) by S.I. 1996/2958, art. 7
F2: Sch. 1 para. 22(4A) added (15.7.1996) by S.I. 1996/1322, art. 2(3)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 3(1)(c) (with savings in art. 292)

Paragraph 22

Annotations

Textual amendments

Notes on the whole Act

Textual amendments

Notes on Schedule 1

Modifications

Notes on Part III

Modifications