{
  "url": "https://openlegislation.uk/financial-services-and-markets-act-2000-commencement-no-5-order-2001/schedule/part-2",
  "json_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-commencement-no-5-order-2001/schedule/part-2.json",
  "legislation": "uksi/2001/2632",
  "legislation_title": "The Financial Services and Markets Act 2000 (Commencement No. 5) Order 2001",
  "legislation_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-commencement-no-5-order-2001",
  "path": "schedule/part/2",
  "kind": "part",
  "number": "2",
  "heading": "PROVISIONS COMING INTO FORCE ON 3RD SEPTEMBER 2001",
  "text": "Subsection (1)(c) of section 31 (authorised persons), for the purpose of introducing Schedule 4 to the extent brought into force by this Order\nSection 37 (exercise of EEA rights by UK firms), for the purpose of introducing Part III of Schedule 3, to the extent brought into force by this Order\nSection 40 (application for permission)\nSection 41(2) and (3) (the threshold conditions)\nSections 42 and 43 (permission), for the purposes of permissions coming into force not sooner than section 19 day, and applications for such permissions\nSections 44 to 47 (variation and cancellation of Part IV permission), for the purposes of variations or cancellations taking effect not sooner than section 19 day, and applications for such variations or cancellations\nSection 48 (prohibitions and restrictions)\nSection 49 (connected persons)\nSection 50 (additional permissions)\nSections 51 and 52 (procedure)\nSections 53 and 54 (exercise of own-initiative power: procedure), for the purposes of variations and cancellations taking effect not sooner than section 19 day\nSections 55 (right to refer matters to the Tribunal)\nSections 56 to 58 (prohibition orders), for the purposes of prohibition orders coming into force not sooner than section 19 day\nSection 59 to 63 (approval for particular arrangements), for the purposes of approvals coming into force not sooner than section 19 day, and applications for such approvals\nPart IX (hearings and appeals), so far as not already in force\nSection 148 (modification or waiver of rules)\nPart XI (information gathering and investigations), so far as not already in force\nSection 193 (interpretation of Part XIII)\nSections 194 to 197 and 199 (incoming firms: intervention by the Authority), for the purposes of requirements (as mentioned in section 196) taking effect not sooner than section 19 day\nSections 200 to 202 (supplemental)\nSections 242 to 245 (authorised unit trust schemes), for the purposes of authorisation orders coming into force not sooner than section 19 day, and applications for such orders\nSection 246 (certificates for unit trust schemes), for the purposes of certificates coming into force not sooner than section 19 day\nSection 250 (modification or waiver of trust scheme rules and scheme particulars rules)\nSections 251 (except subsection (4)(b)) and 252 (alterations of schemes etc., for the purposes of the giving of notice of any proposal to alter a scheme, or to replace its trustee or manager, not sooner than section 19 day, and the giving of approval to any such proposal\nSections 254 to 256 (ending of authorisation)\nSections 257 and 259 to 261 (powers of intervention), for the purposes of directions coming into force not sooner than section 19 day\nSection 264 (schemes constituted in other EEA States), for the purposes of—\n(a) the giving of notice under subsection (1) of intention to make invitations not sooner than section 19 day; and\n(b) the giving of notice under subsections (2) or (6)\nSection 265 (representations and references to the Tribunal), except subsection (3)\nSection 270 (schemes authorised in designated countries or territories), for the purposes of—\n(a) the giving of notice under subsection (1)(c); and\n(b) the giving of notice of approval under subsection (1)(d)(i) coming into force not sooner than section 19 day\nSection 271 (refusal of approval under section 270: procedure), except subsection (2)\nSections 272 to 276 (individually recognised overseas schemes), for the purposes of orders (and applications for orders) coming into force not sooner than section 19 day\nSection 277 (alteration of schemes etc.), except subsection (2)(b), for the purposes of—\n(a) the giving of notice under subsection (1) of any proposal to alter a scheme not sooner than section 19 day, and the giving of approval to any such proposal; and\n(b) the giving of notice under subsection (3) of any proposal to replace an operator, trustee or depositary not sooner than section 19 day\nSections 279 to 282 (revocation of recognition)\nSections 287 to 289 and 292(1) (recognised investment exchanges and clearing houses)\nSections 290 and 292(2) to (5), for the purposes of recognition orders coming into force not sooner than section 19 day\nSection 294 (recognised bodies: modification or waiver of rules)\nSection 297 (revoking recognition)\nSection 298 (directions and revocation: procedure), for the purposes of revocation orders under section 297\nSections 302 and 303 (competition scrutiny of recognised bodies: interpretation and initial report by Director)\nSection 305 (investigations by Director), for the purposes of section 303\nSection 306 (consideration by Competition Commission), for the purposes of reports issued by the Director under section 303\nSection 307 (recognition orders: role of the Treasury)\nSection 310 (procedure on exercise of certain powers by the Treasury), for the purposes of section 307\nSections 311 and 312 (exclusion from the Competition Act 1998)\nSection 314 (Lloyds: Authority’s general duty)\nSubsections (3) to (5) of section 315 (the Society: authorisation and permission)\nSection 320(3) and (4) and section 321 (requirements imposed on former underwriting members), for the purposes of requirements taking effect not sooner than section 19 day\nSection 325(4) (duty of designated professional bodies to cooperate with the Authority)\nSections 328 and 329 (professions: directions and orders in relation to the general prohibition)\nSection 330 (consultation)\nSection 331 (procedure on making or varying orders under section 329)\nSection 350 (disclosure of information by the Inland Revenue)\nSection 352 (offences), so far as not already in force\nSection 354 (Authority’s duty to co-operate with others)\nSections 387 to 394 (notices)\nSection 405 (directions in relation to third countries), except subsection (1)(c) and (d)\nSection 407(1) and (2) (consequences of a direction under section 405)\nSection 408 (EFTA firms), for the purposes of determinations coming into force not sooner than section 19 day\nSection 413 (limitation on power to obtain documents)\nSection 418 (carrying on regulated activities in the United Kingdom)\nSection 432(1) (minor and consequential amendments etc.), for the purpose of introducing Schedule 20 so far as brought into force by this Order\nParagraphs 7 and 8 of Schedule 1 (investigation of complaints against the Authority), so far as not already in force\nIn Part III of Schedule 3 (exercise of EEA passport rights by UK firms)—\n(a) paragraph 19 (establishment), for the purposes of the giving of notice under sub-paragraph (2) of intention to establish a branch not sooner than section 19 day; and\n(b) paragraph 20 (services), for the purposes of the giving of notice under sub-paragraph (1) of intention to provide services not sooner than section 19 day\nIn Schedule 4 (Treaty rights)—\n(a) paragraph 1;\n(b) paragraph 3, for the purposes of issuing certificates under sub-paragraph (4); and\n(c) paragraph 5, for the purposes of giving notice under sub-paragraph (2) of intention to carry on regulated activities not sooner than section 19 day\nIn Schedule 6 (threshold conditions)—\n(a) paragraphs 1 to 7; and\n(b) paragraphs 8 and 9, so far as not already in force\nSchedule 13 (the Financial Services and Markets Tribunal), so far as not already in force\nSchedule 15 (information and investigations: connected persons)\nIn Schedule 20 (minor and consequential amendments)—\n(a) paragraph 1(b);\n(b) paragraph 2(b);\n(c) paragraph 3; and\n(d) paragraph 7 (except sub-paragraph (3)(a)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1998 c. 41."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 405 was amended by S.I. 2000/2952, reg. 8(3)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Part III of Schedule 3 was amended by S.I. 2000/2952, reg. 8(5) and by S.I. 2001/1376."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/2632/schedule/part/2",
    "retrieved_at": "2026-10-29T07:35:35.227431+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}