(1)For purposes of this Act, a person deals in securities if (whether as principal or agent) he buys or sells or agrees to buy or sell any securities; [F1and references to dealing in securities on a recognised stock exchange include dealing in securities through an investment exchange.]
[F2(1A)For the purposes of this Act a person who (whether as principal or agent) buys or sells or agrees to buy or sell investments within paragraph 9 of Schedule 1 to the Financial Services Act 1986 (contracts for differences etc.) where the purpose or pretended purpose mentioned in that paragraph is to secure a profit or avoid a loss wholly or partly by reference to fluctuations in the value or price of securities shall be treated as if he were dealing in those securities.]
[F3(2)“Investment exchange” means an organisation maintaining a system whereby an offer to deal in securities made by a subscriber to the organisation is communicated, without his identity being revealed, to other subscribers to the organisation, and whereby any acceptance of that offer by any of those other subscribers is recorded and confirmed.]
[F4(3)“Off-market dealer” means a person who is an authorised person within the meaning of the Financial Services Act 1986.]
(4)An off-market dealer is taken—
(a)to deal in advertised securities, if he deals in such securities or acts as an intermediary in connection with deals made by other persons in such securities (references to such a dealer’s officer, employee or agent dealing in such securities to be construed accordingly), and
(b)to make a market in any securities, if in the course of his business as an off-market dealer he holds himself out both to prospective buyers and to prospective sellers of those securities (other than particular buyers or sellers) as willing to deal in them otherwise than on a recognised stock exchange.
(5)For purposes of section 4, an individual is taken to deal through an off-market dealer if the latter is a party to the transaction, is an agent for either party to the transaction or is acting as an intermediary in connection with the transaction.
Textual Amendments
F1Words repealed (prosp.) by Financial Services Act 1986 (c. 60, SIF 69), ss. 174(4)(a), 211, 212(3), Sch. 17 Pt. I
F2S. 13(1A) inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 176
F3S. 13(2) repealed (prosp.) by Financial Services Act 1986 (c. 60, SIF 69), ss. 211, 212(3), Sch. 17 Pt. I
F4S. 13(3) substituted by Financial Services Act 1986 (c. 60, SIF 69), s. 174(4)(b)
Modifications etc. (not altering text)
C1S. 13 amended (1.1.1993) by S.I 1992/3218, reg. 82(1), Sch. 10 Pt. I para.17.