Companies Act 1989

Other exchanges and clearing houses U.K.

170 Certain overseas exchanges and clearing houses. U.K.

(1) The Secretary of State may by regulations provide that this Part applies in relation to contracts connected with an overseas investment exchange or clearing house which is approved by him in accordance with such procedures as may be specified in the regulations, as satisfying such requirements as may be so specified, as it applies in relation to contracts connected with a recognised investment exchange or clearing house.

(2) The Secretary of State shall not approve an overseas investment exchange or clearing house unless he is satisfied—

(a) that the rules and practices of the body, together with the law of the country in which the body’s head office is situated, provide adequate procedures for dealing with the default of persons party to contracts connected with the body, and

(b) that it is otherwise appropriate to approve the body.

(3) The reference in subsection (2)(a) to default is to a person being unable to meet his obligations.

(4) The regulations may apply in relation to the approval of a body under this section such of the provisions of the Financial Services Act 1986 as the Secretary of State considers appropriate.

(5) The Secretary of State may make regulations which, in relation to a body which is so approved—

(a) apply such of the provisions of the Financial Services Act 1986 as the Secretary of State considers appropriate, and

(b) provide that the provisions of this Part apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient;

and different provision may be made with respect to different bodies or descriptions of body.

(6) Where the regulations apply any provisions of the Financial Services Act 1986, they may provide that those provisions apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient.

Modifications etc. (not altering text)

C1 Ss. 170-174: certain functions made exercisable (7.6.1992) jointly by the Secretary of State and the Treasury by S.I. 1992/1315, art. 4, Sch. 2 para. 7 (with art. 6).

Commencement Information

I1 S. 170 partly in force; s. 170 not in force at Royal Assent see s. 215(1)(2); s. 170 in force for certain purposes at 25.3.1991 by S.I. 1991/488, art. 2(2).

171 Certain money market institutions. U.K.

(1) The Secretary of State may by regulations provide that this Part applies to contracts of any specified description in relation to which settlement arrangements are provided by a person for the time being included in a list maintained by the [F1 Financial Services Authority (“the Authority”)] for the purposes of this section, as it applies to contracts connected with a recognised investment exchange or recognised clearing house.

(2) The Secretary of State shall not make any such regulations unless he is satisfied, having regard to the extent to which the contracts in question—

(a) involve, or are likely to involve, investments falling within paragraph 2 of Schedule 5 to the Financial Services Act 1986 (money market investments), or

(b) are otherwise of a kind dealt in by persons supervised by the [F1 Authority],

that it is appropriate that the arrangements should be subject to the supervision of the [F1 Authority].

[F2 (2A) In subsection (2), references to supervision by the Authority are to supervision otherwise than in its capacity as a designated agency within the meaning of the M1 Financial Services Act 1986.]

(3) The approval of the Treasury is required for—

(a) the conditions imposed by the [F3 Authority] for admission to the list maintained by it for the purposes of this section, and

(b) the arrangements for a person’s admission to and removal from the list;

and any regulations made under this section shall cease to have effect if the approval of the Treasury is withdrawn, but without prejudice to their having effect again if approval is given for fresh conditions or arrangements.

[F4 (3A) Without prejudice to the generality of the Authority’s power to impose conditions for admission to the list, the conditions for admission may include—

(a) a condition having the effect of requiring the payment of an application fee, and

(b) a condition having the effect of requiring the payment of periodic fees.

(3B) A condition of the kind referred to in subsection (3A)(a) or (b)—

(a) may provide for the amount payable to be such as is specified in, or determined under, the condition, and

(b) may make different provision for different cases.]

[F5 (3C) The Authority shall consult the Bank of England before it submits to the Treasury for approval under subsection (3) its proposals for conditions or arrangements of the kind referred to in that subsection.]

(4) The [F6 Authority] shall publish the list as for the time being in force and provide a certified copy of it at the request of any person wishing to refer to it in legal proceedings.

A certified copy shall be evidence (in Scotland, sufficient evidence) of the contents of the list; and a copy purporting to be certified by or on behalf of the [F6 Authority] shall be deemed to have been duly certified unless the contrary is shown.

(5) Regulations under this section may, in relation to a person included in the list—

(a) apply, with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient, such of the provisions of the M2 Financial Services Act 1986 as he considers appropriate, and

(b) provide that the provisions of this Part apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient.

(6) Before making any regulations under this section, the Secretary of State [F7 and the Treasury shall consult] the Bank of England [F8 and the Authority].

[F9 (6A) Neither the Authority nor any person who is, or is acting as, an officer or servant of the Authority shall be liable in damages for anything done or omitted in the discharge or purported discharge of any of the Authority’s functions under this section, unless it is shown that the act or omission was in bad faith.]

(7) In section 84(1) of the M3 Banking Act 1987 (disclosure of information obtained under that Act), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made, at the end add—

“A person included in the list maintained by the Bank for the purposes of section 171 of the Companies Act 1989.

Functions under settlement arrangements to which regulations under that section relate.”.

Textual Amendments

F1 Words in s. 171(1)(2) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. III para. 47(2)(3); S.I. 1998/1120, art. 2

F2 S. 171(2A) inserted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. III para. 47(4); S.I. 1998/1120, art.2

F3 Words in s. 171(3)(a) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. III para. 47(5); S.I. 1998/1120, art.2

F4 S. 171(3A)(3B) inserted (1.6.1998) by 1998 c. 11, s. 26(3); S.I. 1998/1120, art.2

F5 S. 171(3C) inserted (1.6.1998) after ss. (3)(a) of s. 171 by virtue of 1998 c. 11, s. 23, Sch. 5 Pt. III para. 47(6); S.I. 1998/1120, art.2

F6 Words in s. 171(4) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. III para. 47(7); S.I. 1998/1120, art.2

F7 Words in s. 171(6) substituted (7.6.1992) by S.I. 1992/1315, art. 10(1), Sch. 4 para. 13(a) (with art. 6).

F8 Words in s. 171(6) inserted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. II para. 47(8); S.I. 1998/1120, art. 2

F9 S. 171(6A) inserted (1.6.1998) by 1998 c. 11, s. 25(3); S.I. 1998/1120, art.2

Modifications etc. (not altering text)

C2 Ss. 170-174: certain functions made exercisable (7.6.1992) jointly by the Secretary of State and the Treasury by S.I. 1992/1315, art. 4, Sch. 2 para. 7 (with art. 6).

S. 171: transfer of functions (1.6.1998) by 1998 c. 11, s. 21(c); S.I. 1998/1120, art.2

C3 S. 171(6A) continued (1.12.2001) by S.I. 2001/3650, arts. 1, 24(1)(2)(d)

Commencement Information

I2 S. 171 wholly in force: s. 171 not in force at Royal Assent see s. 215(1)(2); s. 171 in force for certain purposes at 25.3.1991 by S.I. 1991/488, art. 2(2); s. 171 wholly in force at 4.7.1995 by S.I. 1995/1591, art. 2

Marginal Citations

M1 1986 c. 60.

M2 1986 c. 60.

M3 1987 c. 22.

172 Settlement arrangements provided by the Bank of England. U.K.

(1) The Secretary of State may by regulations provide that this Part applies to contracts of any specified description in relation to which settlement arrangements are provided by the Bank of England, as it applies to contracts connected with a recognised investment exchange or recognised clearing house.

(2) Regulations under this section may provide that the provisions of this Part apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient.

(3) Before making any regulations under this section, the Secretary of State [F10 and the Treasury shall consult] the Bank of England.

Textual Amendments

F10 Words in s. 172(3) substituted (7.6.1992) by S.I. 1992/1315, art. 10(1), Sch. 4 para. 13(b) (with art. 6).

Modifications etc. (not altering text)

C4 Ss. 170-174: certain functions made exercisable (7.6.1992) jointly by the Secretary of State and the Treasury by S.I. 1992/1315, art. 4, Sch. 2 para.7 (with art. 6).

Commencement Information

I3 S. 172 partly in force; s. 172 not in force at Royal Assent see s. 215(1)(2); s. 172 in force for certain purposes at 25.3.1991 by S.I. 1991/488, art. 2(2).