6(1)In this Schedule “financial institution” means—U.K.
[F1(a)a person who has permission under [F2Part 4A] of the Financial Services and Markets Act 2000 to accept deposits,]
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a credit union (within the meaning of the M1Credit Unions Act 1979 or the M2Credit Unions (Northern Ireland) Order 1985),
[F4(d)a person carrying on a relevant regulated activity,]
(e)the National Savings Bank,
(f)a person who carries out an activity for the purposes of raising money authorised to be raised under the M3National Loans Act 1968 under the auspices of the Director of National Savings,
[F5(g)a European institution carrying on a home Member State regulated activity (within the meaning of Regulation (EU) No. 575/2013 of the European Parliament and of the Council);]
(h)a person carrying out an activity specified in any of points 1 to 12 [F6, 14 and 15] of [F7Annex 1] to [F8Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013,] , F9...
[F10(ha) an electronic money institution within the meaning of Directive 2009/110/ EC of the European Parliament and of the Council of 16th September 2009 relating to the taking up, pursuit and prudential supervision of the business of electronic money institutions, and ]
(i)a person who carries on an insurance business in accordance with an authorisation pursuant to [F11Article 14 or 162 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)] .
[F12(1A)For the purposes of sub-paragraph (1)(d), a relevant regulated activity means—
(a)dealing in investments as principal or as agent,
(b)arranging deals in investments,
[F13(ba)operating a multilateral trading facility,]
(c)managing investments,
(d)safeguarding and administering investments,
(e)sending dematerialised instructions,
[F14(ea)managing a UCITS,
(eb)acting as trustee or depositary of a UCITS,
(ec)managing an AIF,
(ed)acting as trustee or depositary of an AIF,]
(f) establishing etc. collective investment schemes,
(g)advising on investments.
(1B)Sub-paragraphs (1)(a) and (1A) must be read with—
(a)section 22 of the Financial Services and Markets Act 2000;
(b)any relevant order under that section; and
(c)Schedule 2 to that Act.]
(2)The Secretary of State may by order provide for a class of person—
(a)to be a financial institution for the purposes of this Schedule, or
(b)to cease to be a financial institution for the purposes of this Schedule.
(3)An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
Textual Amendments
F1Sch. 6 para. 6(1)(a) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 361(2)(a)
F2Words in Sch. 6 para. 6(1)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 87(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3Sch. 6 para. 6(1)(b) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 361(2)(b)
F4Sch. 6 para. 6(1)(d) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 361(2)(c)
F5Sch. 6 para. 6(1)(g) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 40(3)(a)
F6Words in Sch. 6 para. 6(1)(h) substituted (9.2.2011 for specified purposes, 30.4.2011 in so far as not already in force) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 1(2), Sch. 4 para. 3(b)(iii)
F7Words in Sch. 6 para. 6(1)(h) substituted (22.11.2000) by S.I. 2000/2952, reg. 9(b)
F8Words in Sch. 6 para. 6(1)(h) substituted (1.1.2014) by The Capital Requirements Regulations 2013 (S.I. 2013/3115), reg. 1(2), Sch. 2 para. 40(3)(b)
F9Word in Sch. 6 para. 6(1)(h) omitted (9.2.2011 for specified purposes, 30.4.2011 in so far as not already in force) by virtue of The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 1(2), Sch. 4 para. 3(b)(ii)
F10Sch. 6 para. 6(1)(ha) inserted (9.2.2011 for specified purposes, 30.4.2011 in so far as not already in force) by The Electronic Money Regulations 2011 (S.I. 2011/99), reg. 1(2), Sch. 4 para. 3(b)(ii)
F11Words in Sch. 6 para. 6(1)(i) substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 21(3)
F12Sch. 6 para 6(1A)(1B) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 361(3)
F13Sch. 6 para. 6(1A)(ba) inserted (1.4.2007 for certain purposes and otherwise 1.11.2007) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), art. 33
F14Sch. 6 para. 6(1A)(ea)-(ed) inserted (22.7.2013) by The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 41
Commencement Information
I1Sch. 6 wholly in force at 19.2.2001; Sch. 6 not in force at Royal Assent see s. 128; Sch. 6 para. 6(2) in force at 31.10.2000 by S.I. 2000/2944, art. 2(j)(ii); Sch. 6 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2
Marginal Citations