OpenLegislation

Regulation 4 InterpretationC1I1

United Kingdom

(1)

Article 1 (citation, commencement and interpretation) is amended as follows.

(2)

In paragraph (2)—

(a)

for the definition of “Gibraltar-based firm”M1 substitute—

““Gibraltar-based firm” means—

(a)

a firm which—

(i)

is an AIFM, as defined in Article 4(1)(b) of the alternative investment fund managers directive M2, reading the reference in Article 4(1)(a)(ii) of that directive to authorisation pursuant to the UCITS directive M3 as a reference to authorisation under the law of Gibraltar which implemented the UCITS directive, and

(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

(b)

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

(3)

After paragraph (2) insert—

“(3)

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

Annotations

Marginal citations

M1

The definition of “Gibraltar-based firm” in Article 1 was substituted by S.I. 2014/1292.

M2

OJ L 174, 1.7.2011, p. 1-73. See the definition in section 425(1) of the Financial Services and Markets Act 2000.

M3

OJ L 302, 17.11.2009, p. 32-96. See the definition in section 425(1) of the Financial Services and Markets Act 2000.

Modifications

C1

Pts. 2, 3 applied (31.12.2020) by The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 38 (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)