PART 3AMENDMENTS TO SECONDARY LEGISLATION

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 201315

1

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 M1 is amended as follows.

2

In article 2 (interpretation), in paragraph (1)—

a

after the definition of “Council of Lloyd's” insert—

    • depositary”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;

b

after the definition of “open-ended investment company” insert—

operator”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;

3

In Schedule 2 (financial services)—

a

in Part 1, in paragraph 1, after sub-paragraph (f) insert—

fa

to refuse to make, or to revoke, an order declaring a contractual scheme to be an authorised contractual scheme under section 261D of the 2000 Act or to refuse to give its approval under section 261Q of the 2000 Act to a proposal to replace the operator or depositary of such a scheme;

fb

to give a direction under section 261X of the 2000 Act or to vary (or to refuse to vary or revoke) such a direction;

b

in Part 2, in the table, after the entry in paragraph 3 insert the following entry—

3A

(1)

The operator or depositary of an authorised contractual scheme (within the meaning of section 237(3) of the 2000 Act).

The FCA.

(2)

An associate of the person (whether or not an individual) mentioned in sub-paragraph (1).