Article 48 Disclosure of interests in shares: interests to be disclosedI1
United Kingdom
Article 207 of the 1986 Order (interests in shares required to be disclosed) is amended as follows.
In paragraph (2A)f1, in sub-paragraph (a) for “authorised to” substitute “who may lawfully”.
In that paragraph, in sub-paragraph (b), for paragraphs (ii) and (iii) substitute—
“or
(ii)a recognised scheme;”.
For paragraphs (6) and (7)f2 substitute—
“(6)For the purposes of paragraph (2A), a person (“A”) may lawfully manage investments belonging to another if—
(a)A can manage those investments in accordance with the permission which A has under Part 4 of the Financial Services and Markets Act 2000;
(b)A is an EEA firm of the kind mentioned in sub-paragraph (a) or (b) of paragraph 5 of Schedule 3 to that Act, and can manage those investments in accordance with its EEA authorisation;
(c)A can, in accordance with section 327 of that Act, manage those investments without contravening the prohibition contained in section 19 of that Act; or
(d)A can lawfully manage those investments in another Member State and would, if he were to manage those investments in the United Kingdom, require permission under Part 4 of that Act.
(7)References in this Article to the management of investments must be read with—
(a)section 22 of the Financial Services and Markets Act 2000;
(b)any relevant order under that section; and
(c)Schedule 2 to that Act.”.
In paragraph (8)—
in sub-paragraph (b) for the words from the beginning to “conferred” substitute “is certified by the competent authority in that member State as complying with the conditions imposed”; and
for “subsection (8) of section 86 of the Financial Services Act 1986” substitute “subsection (5) of section 264 of the Financial Services and Markets Act 2000”.
Annotations
Commencement
- I1
Art. 48 in force at 1.12.2001, see art. 1
Footnotes
- f1
-
Inserted by SR (NI) 1997/251.
- f2
-
Paragraphs (6) and (7) inserted by SR (NI) 1994/2.