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- Point in Time (22/11/2000)
- Original (As enacted)
Version Superseded: 01/12/2001
Point in time view as at 22/11/2000.
Financial Services Act 1986 (Repealed),
SCHEDULE 8 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 114.
Textual Amendments
F1Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(2)
Modifications etc. (not altering text)
C1Sch. 8 amended (1.1.1993) by S.I. 1992/3218, reg. 55, Sch. 9 para.47.
Sch. 8 extended (1.1.1996) by S.I. 1995/3275, reg. 32, Sch. 7 para. 45
Textual Amendments
F2Sch. 8 paras. 1, 1A with headings substituted for paragraph 1 and the crossheading preceding it by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(3)
1(1)In this Schedule “legislative provisions” means the provisions of statements of principle, rules, regulations and codes of practice issued or made under Part I of this Act [F3and the provisions of regulations made under regulation 6 of the Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996][F4or under regulation 6 of the Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations (Northern Ireland) 1997.].
(2)References in this Schedule to “conduct of business provisions” are to rules made under section 48 of this Act and statements of principle and codes of practice so far as they relate to matters falling within that rule-making power.
(3)References in this Schedule to provisions made for the purposes of a specified section or Chapter are to rules or regulations made under that section or Chapter and statements of principle and codes of practice so far as they relate to matters falling within that power to make rules or regulations.
Textual Amendments
F3Words in Sch. 8 para. 1(1) inserted (6.1.1997) by S.I. 1996/2827, reg. 75, Sch. 8 Pt. I para. 23
F4Words in Sch. 8 para. 1(1) inserted (7.7.1997) by S.R. 1997/251, reg. 75, Sch. 8 para. 15
1AThe conduct of business provisions and the other legislative provisions must promote high standards of integrity and fair dealing in the conduct of investment business.
2The [F5conduct of business provisions] must make proper provision for requiring an authorised person to act with due skill, care and diligence in providing any service which he provides or holds himself out as willing to provide.
Textual Amendments
F5Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
3The [F6conduct of business provisions] must make proper provision for requiring an authorised person to subordinate his own interests to those of his clients and to act fairly between his clients.
Textual Amendments
F6Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
4The [F7conduct of business provisions] must make proper provision for requiring an authorised person to ensure that, in anything done by him for the persons with whom he deals, due regard is had to their circumstances.
Textual Amendments
F7Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
5The [F8conduct of business provisions] must make proper provision for the disclosure by an authorised person of interests in, and facts material to, transactions which are entered into by him in the course of carrying on investment business or in respect of which he gives advice in the course of carrying on such business, including information as to any commissions or other inducements received or receivable from a third party in connection with any such transaction.
Textual Amendments
F8Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
6The [F9conduct of business provisions] must make proper provision for the disclosure by an authorised person of the capacity in which and the terms on which he enters into any such transaction.
Textual Amendments
F9Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
7The [F10conduct of business provisions], or [F11those provisions and provisions made for the purposes of] section 51 of this Act, must make proper provision for requiring an authorised person who in the course of carrying on investment business enters or offers to enter into a transaction in respect of an investment with any person, or gives any person advice about such a transaction, to give that person such information as to the nature of the investment and the financial implications of the transaction as will enable him to make an informed decision.
Textual Amendments
F10Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
F11Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(5)
8[F12Provisions made for the purposes of] section 48 of this Act regulating action for the 2001purpose of stabilising the price of investments must make proper provision for ensuring that where action is or is to be taken in conformity with the rules adequate arrangements exist for making known that the price of the investments in respect of which the action is or is to be taken (and, where relevant, of any other investments) may be affected by that action and the period during which it may be affected; and where a transaction is or is to be entered into during a period when it is known that the price of the investment to which it relates may be affected by any such action the information referred to in paragraph 7 above includes information to that effect.
Textual Amendments
F12Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(6)
9The [F13conduct of business provisions] and any [F14provisions made for the purposes of] 200section 55 of this Act must make proper provision for the protection of property for which an authorised person is liable to account to another person.
Textual Amendments
F13Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
F14Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(7)
10[F15Provisions made for the purposes of] sections 53 and 54 of this Act must make the best provision that can reasonably be made [F15for the purposes of those sections].
Textual Amendments
F15Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(8)
11The [F16conduct of business provisions] must require the keeping of proper records and make provision for their inspection in appropriate cases.
Textual Amendments
F16Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
12The [F17conduct of business provisions] and the other [F18provisions made for the purposes of] Chapter V of Part I of this Act must take proper account of the fact that provisions that are appropriate for regulating the conduct of business in relation to some classes of investors may not (by reason of their knowledge, experience or otherwise) be appropriate in relation to others.
Textual Amendments
F17Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(4)
F18Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 206(1), Sch. 23 para. 23(9)
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