[F19.—(1) For the purposes of paragraphs 5 and 8, an investment is a capital market investment if—N.I.
(a)it is within Article 77 [F2or 77A] of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (debt instruments), and
(b)it is rated, listed or traded or designed to be rated, listed or traded.
(2) In sub-paragraph (1)—
listed means admitted to the official list within the meaning given by section 103(1) of the Financial Services and Markets Act 2000 (interpretation),
rated means rated for the purposes of investment by an internationally recognised rating agency,
traded means admitted to trading on a market established under the rules of a recognised investment exchange or on a foreign market.
(3) In sub-paragraph (2)—
foreign market has the same meaning as relevant market in Article 67(2) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (foreign markets),
recognised investment exchange has the meaning given by section 285 of the Financial Services and Markets Act 2000 (recognised investment exchange).]