OpenLegislation

Article 85 Power to make provision about certain charges other than market chargesI1

United Kingdom

(1)

Section 176 of the Companies Act 1989 (power to make provision about certain other charges) is amended as follows.

(2)

In paragraph (b) of subsection (2)—

(a)

the words “Financial Services” are repealedf1; and

(b)

for “section 171” substitute “section 301 of the Financial Services and Markets Act 2000”.

(3)

For paragraphs (d) and (e) of that subsection substitute—

“(d)

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on a relevant regulated activity, or

(e)

an international securities self-regulating organisation approved for the purposes of an order made under section 22 of the Financial Services and Markets Act 2000,”.

(4)

In subsection (6)f2—

(a)

the words “Financial Services” are repealed; and

(b)

for “section 171” substitute “section 301 of the Financial Services and Markets Act 2000”.

(5)

After subsection (7) insert—

“(8)

For the purposes of subsection (2)(d), “relevant regulated activity” means—

(a)

dealing in investments as principal or as agent;

(b)

arranging deals in investments;

(c)

managing investments;

(d)

safeguarding and administering investments;

(e)

sending dematerialised instructions; or

(f)

establishing etc. a collective investment scheme.

(9)

Subsection (8) 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.”.

Annotations

Commencement

I1

Art. 85 in force at 1.12.2001, see art. 1

Footnotes

f1

The words repealed were substituted by the Bank of England Act 1998 (c. 11), Schedule 5 paragraph 48(2).

f2

Subsection (6) was substituted by the Bank of England Act 1998 (c. 11), Schedule 5 paragraph 48(3).