SCHEDULES

F1C1C2C3SCHEDULE B1 ADMINISTRATION

Annotations:
Amendments (Textual)
F1

Sch. B1 inserted (15.9.2003) by 2002 c. 40, ss. 248(2), 279, Sch. 16 (with s. 249(1)-(3)(6)); S.I. 2003/2093, art. 2(1), Sch. 1 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

Modifications etc. (not altering text)
C1

Sch. B1 applied in part (with modifications) (5.10.2004) by Energy Act 2004 (c. 20), ss. 159(1), 198, Sch. 20 Pts. 1-3; S.I. 2004/2575, art. 2(1), Sch. 1

C2

Sch. B1 applied (with modifications) (1.7. 2005) by S.I. 1994/2421, art. 6(1), Sch. 2 (as amended (1.7.2005) by S.I. 2005/1516, arts. 3, 7, Sch. 1 (with art. 2))

C3

Sch. B1: specified provisions applied (with modifications) (1.10.2011) by Postal Services Act 2011 (c. 5), ss. 73, 93(2)(3), {Sch. 10 Pts. 1, 2}; S.I. 2011/2329, art. 3 (with arts. 4, 5)

NATURE OF ADMINISTRATION

9

1

A person may not be appointed as administrator of a company which—

a

has a liability in respect of a deposit which it accepted in accordance with the Banking Act 1979 (c. 37) or 1987 (c. 22), but

b

is not an authorised deposit taker.

2

A person may not be appointed as administrator of a company which effects or carries out contracts of insurance.

3

But sub-paragraph (2) does not apply to a company which—

a

is exempt from the general prohibition in relation to effecting or carrying out contracts of insurance, or

b

is an authorised deposit taker effecting or carrying out contracts of insurance in the course of a banking business.

4

In this paragraph—

  • authorised deposit taker” means a person with permission under Part IV of the Financial Services and Markets Act 2000 (c. 8) to accept deposits, and

  • the general prohibition” has the meaning given by section 19 of that Act.

5

This paragraph shall be construed in accordance with—

a

section 22 of the Financial Services and Markets Act 2000 (classes of regulated activity and categories of investment),

b

any relevant order under that section, and

c

Schedule 2 to that Act (regulated activities).