C1C2Part I Regulation of Investment Business
Pt. I (ss. 1–128): power to modify conferred (prosp.) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 89, 124(3), Sch. 14 para. 9(c)
C3C4Chapter VIII Collective Investment Schemes
Chapters III–XI (ss. 7–111): certain functions transferred by S.I. 1990/354, art. 5
Ch. VIII (ss. 75–95): certain functions transferred by S.I. 1988/738, art. 3(1)(2)(3)
Recognition of overseas schemes
86 Schemes constituted in other member States. C5
1
Subject to subsection (2) below, a collective investment scheme constituted in a member State other than the United Kingdom is a recognised scheme if it satisfies such requirements as are prescribed for the purposes of this section.
2
Not less than two months before inviting persons in the United Kingdom to become participants in the scheme the operator of the scheme shall give written notice to the Secretary of State of his intention to do so, specifying the manner in which the invitation is to be made; and the scheme shall not be a recognised scheme by virtue of this section if within two months of receiving the notice the Secretary of State notifies—
a
the operator of the scheme; and
b
the authorities of the State in question who are responsible for the authorisation of collective investment schemes,
that the manner in which the invitation is to be made does not comply with the law in force in the United Kingdom.
3
The notice to be given to the Secretary of State under subsection (2) above—
a
shall be accompanied by a certificate from the authorities mentioned in subsection (2)(b) above to the effect that the scheme complies with the conditions necessary for it to enjoy the rights conferred by any relevant Community instrument;
b
shall contain the address of a place in the United Kingdom for the service on the operator of notices or other documents required or authorised to be served on him under this Act; and
c
shall contain or be accompanied by such other information and documents as may be prescribed.
4
A notice given by the Secretary of State under subsection (2) above shall give the reasons for which he considers that the law in force in the United Kingdom will not be complied with and give particulars of the rights conferred by subsection (5) below.
5
A person on whom a notice is served by the Secretary of State under subsection (2) above may, within twenty-one days of the date of service, make written representations to the Secretary of State and, if desired, oral representations to a person appointed for that purpose by the Secretary of State.
6
The Secretary of State may in the light of any representations made in accordance with subsection (5) above withdraw his notice and in that event the scheme shall be a recognised scheme from the date on which the notice is withdrawn.
7
Rules under section 48 above shall not apply to investment business in respect of which the operator or trustee of a scheme recognised under this section is an authorised person by virtue of section 24 above except so far as they make provision as respects—
a
procuring persons to become participants in the scheme and advising persons on the scheme and the exercise of the rights conferred by it;
b
matters incidental to those mentioned in paragraph (a) above.
F1This subsection also applies to statements of principle under section 47A and codes of practice under section 63A so far as they relate to matters falling within the rule-making power in section 48.
8
For the purposes of this section a collective investment scheme is constituted in a member State if—
a
it is constituted under the law of that State by a contract or under a trust and is managed by a body corporate incorporated under that law; or
b
it takes the form of an open-ended investment company incorporated under that law.
9
If the operator of a scheme recognised under this section gives written notice to the Secretary of State stating that he desires the scheme no longer to be recognised under this section it shall cease to be so recognised when the notice is given.
Pt. I (ss. 1-128) amended (S.) (22.5.2000) by S.I. 2000/121, regs. 1, 37, Sch. 2