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Article 1 Citation, commencement and interpretationI1I2

United Kingdom

(1)

This Order may be cited as the Financial Services and Markets Act 2000 (Gibraltar) Order 2001 and comes into force—

(a)

for the purpose of making rules, on 5th October 2001;

(b)

otherwise, on the day on which section 19 of the Act comes into force.

(2)

In this Order—

  • “the Act” means the Financial Services and Markets Act 2000;

  • F1“Gibraltar-based firm” means—

    1. (a)

      a firm which—

      1. (i)

        is an AIFM, as defined in Article 4(1)(b) of the alternative investment fund managers directive, reading the reference in Article 4(1)(a)(ii) of that directive to authorisation pursuant to the UCITS directive as a reference to authorisation under the law of Gibraltar which implemented the UCITS directive, and

      2. (ii)

        is authorised as such by the Gibraltar Financial Services Commission under the law of Gibraltar which implemented the alternative investment fund managers directive; or

    2. (b)

      a firm not falling within paragraph (a) which has its head office in Gibraltar;

  • “the Passport Rights Regulations” means the Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001f1;

  • “Schedule 3” means Schedule 3 to the Act.

F2(3)

Expressions used in this Order that are defined for the purposes of the Act have the same meaning as in the Act.

Annotations

Textual amendments

F1

Words in art. 1(2) substituted (31.12.2020) by The Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/589), regs. 1(3), 4(2)(a) (with reg. 12) (as amended by S.I. 2020/1274, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Art. 1(3) inserted (31.12.2020) by The Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/589), regs. 1(3), 4(3) (with reg. 12) (as amended by S.I. 2020/1274, regs. 1, 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Art. 1 in force at 5.10.2001 for specified purposes, see art. 1(1)(a)

I2

Art. 1 in force at 1.12.2001 in so far as not already in force, see art. 1(1)(b)

Footnotes

f1

S.I. 2001/2511.