Companies Act 1985

220 Definitions for Part VI. E+W+S

[F1 (1) In this Part of this Act—

• “associated index”, in relation to a register, means the index kept in relation to that register in pursuance of section 211(6);

• F2 . . .

• “authorised insurance undertaking” means an insurance undertaking which has been authorised in accordance with Article 6 or 23 of Council Directive 73/239/EEC or [F3 Article 4 or 51 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance], or is authorised under the law of a member State to carry on insurance business restricted to re-insurance;

• “authorised unit trust scheme” has the same meaning as in [F4 Part 17 of the Financial Services and Markets Act 2000];

• “depositary receipt” means a certificate or other record (whether or not in the form of a document)—

  (a)

  which is issued by or on behalf of a person who holds shares or who holds evidence of the right to receive shares, or has an interest in shares, in a particular company; and

  (b)

  which evidences or acknowledges that another person is entitled to rights in relation to those shares or shares of the same kind, which shall include the right to receive such shares (or evidence of the right to receive such shares) from the person mentioned in paragraph (a);

• [F5 “derivatives” means options and futures in relation to shares;]

• [F6 “EEA authorisation” has the same meaning as in paragraph 6 of Schedule 3 to the Financial Services and Markets Act 2000;]

• F2 . . .

  F7 . . .

• “listed company” means a company any of the shares in which are officially listed on a relevant stock exchange and “listed” shall be construed accordingly;

• “material interest” shall be construed in accordance with section 199(2A);

• [F8 “open-ended investment company” has the same meaning as in the Open-Ended Investment Companies Regulations 2001;]

• “operator”, in relation to a collective investment scheme, shall be construed in accordance with [F9 section 237(2) of the Financial Services and Markets Act 2000];

• [F10 “recognised clearing house” has the same meaning as in the Financial Services and Markets Act 2000;

• F10 “recognised scheme” has the same meaning as in Part 17 of the Financial Services and Markets Act 2000;]

• “register of interests in shares” means the register kept in pursuance of section 211 including, except where the context otherwise requires, that part of the register kept in pursuance of section 213;

• “relevant investment exchange” means an exchange situated or operating in a member State on which derivatives are traded;

• “relevant share capital” has the meaning given by section 198(2);

• “relevant stock exchange” means a stock exchange situated or operating in a member State;

• “UCITS” has the meaning given by section 199(8);

• “units” has the same meaning as in [F11 section 237(2) of the Financial Services and Markets Act 2000].]

[F12 (1A) References in subsection (1) to contracts of insurance (of any description), options and futures 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) Where the period allowed by any provision of this Part for fulfilling an obligation is expressed as a number of days, any day that is a Saturday or Sunday or a bank holiday in any part of Great Britain is to be disregarded in reckoning that period.

Textual Amendments

F1 S. 220(1) substituted (18.9.1993) by S.I. 1993/1819, reg. 9

F2 Definitions of “authorised credit institution” and “designated agency” in s. 220(1) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 10(1)(2)

F3 Words in s. 220(1) substituted (11.1.2005) by The Life Assurance Consolidation Directive (Consequential Amendments) Regulations 2004 (S.I. 2004/3379), reg. 2(2)

F4 Words in definition of “authorised unit trust scheme” in s. 220(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 10(1)(3)

F5 Definition of “derivatives” in s. 220(1) substituted (1.12.2001) by s.I. 2001/3649, arts. 1, 10(1)(4)

F6 Definition of “EEA authorisation” in s. 220(1) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 10(1)(5)

F7 Definition of “investment company with variable capital” in s. 220(1) omitted (1.12.2001) by virtue of S.I. 2001/1228, regs. 1(2)(3), 84, Sch. 7 para. 6; S.I. 2001/1228, art. 2(1)

F8 Definition of “open-ended investment company” in s. 220(1) inserted (1.12.2001) by S.I. 2001/1228, regs. 1(2)(3), 84, Sch. 7 para. 6; S.I. 2001/1228, art. 2(1)

F9 Words in definition of “operator” in s. 220(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 10(1)(6)

F10 Definitions of “recognised clearing house” and “recognised scheme” in s. 220(1) substituted (1.12.2001) for definition of “recognised clearing house” by S.I. 2001/3649, arts. 1, 10(1)(7)

F11 Words in definition of “units” in s. 220(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 10(1)(8)

F12 S. 220(1A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 10(1)(9)