Finance Act 2004

155 Persons by whom scheme may be established: supplementary

(1) This section has effect for defining terms used in section 154(1)(b) to (g).

(2) “Unit trust scheme manager” means—

(a) a person who has permission under Part 4 of FISMA 2000 to manage unit trust schemes authorised under section 243 of FISMA 2000, or

(b) a firm which has permission under paragraph 4 of Schedule 4 to FISMA 2000 (as a result of qualifying for authorisation under paragraph 2 of that Schedule: Treaty firms) to manage unit trust schemes authorised under that section.

(3) “Recognised EEA collective investment scheme” means a collective investment scheme (within the meaning given by section 235 of FISMA 2000) which is recognised by virtue of section 264 of FISMA 2000 (schemes constituted in other EEA States).

(4) “Authorised open-ended investment company” has the meaning given by section 237(3) of FISMA 2000.

(5) “Building society” means a building society within the Building Societies Act 1986 (c. 53).

(6) “Bank” means—

(a) a person falling within section 840A(1)(b) of ICTA (persons, other than building societies etc. permitted to accept deposits), or

(b) a body corporate which is a subsidiary or holding company of a person falling within section 840A(1)(b) of ICTA or is a subsidiary of the holding company of such a person.

In paragraph (b) “subsidiary” and “holding company” are to be read in accordance with section 736 of the Companies Act 1985 (c. 6) or Article 4 of the Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6)).

(7) “EEA investment portfolio manager” means an institution which—

(a) is an EEA firm of the kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to FISMA 2000 (certain credit and financial institutions),

(b) qualifies for authorisation under paragraph 12(1) or (2) of that Schedule, and

(c) has permission under FISMA 2000 to manage portfolios of investments.