Financial Services Act 1986 (Repealed)

43 Listed money market institutions. U.K.

(1) A person for the time being included in a list maintained by the [F1 Financial Services Authority (“the Authority”)] for the purposes of this section (“a listed institution”) is an exempted person in respect of, and of anything done for the purposes of, any transaction to which Part I or Part II of Schedule 5 to this Act applies and in respect of any arrangements made by him with a view to other persons entering into a transaction to which Part III of that Schedule applies.

(2) The conditions imposed by the [F2 Authority] for admission to the list referred to in this section and the arrangements made by it for a person’s admission to and removal from the list shall require the approval of the Treasury; and this section shall cease to have effect if that approval is withdrawn but without prejudice to its again having effect if approval is given for fresh conditions or arrangements.

[F3 (2A) Without prejudice to the generality of the Authority’s power to impose conditions for admission to the list, the conditions for admission may include—

(a) a condition having the effect of requiring the payment of an application fee, and

(b) a condition having the effect of requiring the payment of periodic fees.

(2B) A condition of the kind referred to in subsection (2A)(a) or (b) above—

(a) may provide for the amount payable to be such as is specified in, or determined under, the condition, and

(b) may make different provision for different cases.]

(3) The [F2 Authority] shall publish the list as for the time being in force and provide a certified copy of it at the request of any person wishing to refer to it in legal proceedings.

(4) Such a certified copy shall be evidence or, in Scotland, sufficient evidence of the contents of the list; and a copy purporting to be certified by or on behalf of the [F4 Authority] shall be deemed to have been duly certified unless the contrary is shown.

[F5 (5) Neither the Authority nor any person who is, or is acting as, an officer or servant of the Authority shall be liable in damages for anything done or omitted in the discharge or purported discharge of any of the Authority’s functions under this section, unless it is shown that the act or omission was in bad faith.]

Textual Amendments

F1 Words in s. 43(1) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 para. 44(2); S.I. 1998/1120, art. 2

F2 Word in s. 43(2) and (3) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 para. 44(3); S.I. 1998/1120, art. 2

F3 S. 43(2A)(2B) inserted (1.6.1998) by 1998 c. 11, s. 26(2); S.I. 1998/1120, art. 2

F4 Word in s. 43(4) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 para. 44(4); S.I. 1998/1120, art. 2

F5 S. 43(5) inserted (1.6.1998) by 1998 c. 11, s. 25(1); S.I. 1998/1120, art. 2

Modifications etc. (not altering text)

C1 S. 43 amended by SI 1990/696, art. 2

S. 43 amended (1.1.1993) by S.I. 1992/3218, reg. 52.

s. 43 applied (with modifications) (18.7.1996) by S.I. 1996/1669, reg. 9(3)

s. 43 extended (1.1.1996) by S.I. 1995/3275, reg. 26(1)

C2 Certain functions transferred (1.6.1998) by 1998 c. 11, s. 21(b); S.I. 1998/1120, art. 2

C3 S. 43(5) continued (1.12.2001) by S.I. 2001/3650 arts. 1(a), 24(2)(b)