9.—(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 [F3or 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).
F3Words in Sch. A1 para. 9(1)(a) inserted (24.2.2010) by Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (S.I. 2010/86), art. 4, Sch. para. 3(a)
10.—(1) For the purposes of paragraphs 5 and 8 an investment is also a capital market investment if it consists of a bond or commercial paper issued to one or more of the following—N.I.
(a)an investment professional within the meaning of Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001,
(b)a person who is, when the agreement mentioned in paragraph 5 is entered into, a certified high net worth individual in relation to a communication within the meaning of Article 48(2) of that Order,
(c)a person to whom Article 49(2) of that Order applies (high net worth company, &c.),
(d)a person who is, when the agreement mentioned in paragraph 5 is entered into, a certified sophisticated investor in relation to a communication within the meaning of Article 50(1) of that Order, and
(e)a person in a State other than the United Kingdom who under the law of that State is not prohibited from investing in bonds or commercial paper.
(2) For the purposes of sub-paragraph (1)—
(a)in applying Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 for the purposes of sub-paragraph (1)(a)—
(i)in Article 19(5)(b), ignore the words after exempt person,
(ii)in Article 19(5)(c)(i), for the words from the controlled activity to the end substitute a controlled activity, and
(iii)in Article 19(5)(e) ignore the words from where the communication to the end, and
(b)in applying Article 49(2) of that Order for the purposes of sub-paragraph (1)(c), ignore Article 49(2)(e).
(3) In sub-paragraph (1)—
bond shall be construed in accordance with Article 77 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 [F4, and includes any instrument falling within article 77A of that Order], and
commercial paper has the meaning given by Article 9(3) of that Order.]
F4Sch. A1 para. 10(3): words in definition of "bond" inserted (24.2.2010) by Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (S.I. 2010/86), art. 4, Sch. para. 3(b)