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- Point in Time (06/04/1997)
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Version Superseded: 01/12/2001
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(1)The Secretary of State shall keep a register containing an entry in respect of—
(a)each person who is an authorised person by virtue of an authorisation granted by the Secretary of State;
(b)each other person who appears to him to be an authorised person by virtue of any provision of this Part of this Act;
(c)each recognised self-regulating organisation, recognised professional body, recognised investment exchange and recognised clearing house;
(d)each authorised unit trust scheme and recognised scheme;
(e)each person in respect of whom a direction under section 59 above is in force.
(2)The entry in respect of each authorised person shall consist of—
(a)a statement of the provision by virtue of which he is an authorised person;
(b)in the case of a person who is an authorised person by virtue of membership of a recognised self-regulating organisation or certification by a recognised professional body, the name and address of the organisation or body;
[F1(bb)in the case of an investment company with variable capital which is an authorised person by virtue of section 24A above, the name of the company, the address of the company’s head office and the names and addresses of the directors and depositary of the company;]
(c)in the case of a person who is an authorised person by virtue of section 25 or 31 above, information as to the services which that person holds himself out as able to provide;
(d)in the case of a person who is an authorised person by virtue of section 31 above, the address notified to the Secretary of State under section 32 above;
(e)in the case of a person who is an authorised person by virtue of any provision other than section 31 above, the date on which he became an authorised person by virtue of that provision; and
(f)such other information as the Secretary of State may determine.
(3)The entry in respect of each such organisation, body, exchange or clearing house as is mentioned in subsection (1)(c) above shall consist of its name and address and such other information as the Secretary of State may determine.
(4)The entry in respect of each such scheme as is mentioned in subsection (1)(d) above shall consist of its name and, in the case of an authorised unit trust scheme, the name and address of the manager and trustee and, in the case of a recognised scheme, the name and address of the operator and of any representative of the operator in the United Kingdom and, in either case, such other information as the Secretary of State may determine.
(5)The entry in respect of each such person as is mentioned in subsection (1)(e) above shall include particulars of any consent for that person’s employment given by the Secretary of State.
(6)Where it appears to the Secretary of State that any person in respect of whom there is an entry in the register by virtue of subsection (1)(a) [F2, (b) or (bb)] above has ceased to be an authorised person (whether by death, by withdrawal or other cessation of his authorisation, as a result of his ceasing to be a member of a recognised self-regulating organisation or otherwise) the Secretary of State shall make a note to that effect in the entry together with the reason why the person in question is no longer an authorised person.
(7)Where—
(a)an organisation, body, exchange or clearing house in respect of which there is an entry in the register by virtue of paragraph (c) of subsection (1) above has ceased to be recognised or ceased to exist;
(b)an authorised unit trust scheme or recognised scheme in respect of which there is an entry in the register by virtue of paragraph (d) of that subsection has ceased to be authorised or recognised; or
(c)the direction applying to a person in respect of whom there is an entry in the register by virtue of paragraph (e) of that subsection has ceased to have effect,
the Secretary of State shall make a note to that effect in the entry.
(8)An entry in respect of which a note is made under subsection (6) or (7) above may be removed from the register at the end of such period as the Secretary of State thinks appropriate.
Textual Amendments
F1S. 102(2)(bb) inserted (6.1.1997) by S.I. 1996/2827, reg. 75, Sch. 8 Pt. I, para. 17(a)
F2Words in s. 102(6) substituted (6.1.1997) by S.I. 1996/2827, reg. 75, Sch. 8 Pt. I, para.17(b)
Modifications etc. (not altering text)
C1S. 102 modified by S.I. 1987/942, art. 9
S. 102 amended (1.1.1993) by S.I. 1992/3218, reg. 55, Sch. 9 para. 27.
s. 102 extended (1.1.1996) by S.I. 1995/3275, reg. 37, Sch. 7 para. 25
s. 102 modified (1.1.1996) by S.I. 1995/3275, reg. 28(1)
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