SCHEDULES

SCHEDULE 3AREGULATED SECTOR AND SUPERVISORY AUTHORITIES

PART 1REGULATED SECTOR

Business in the regulated sector

1

(1)

A business is in the regulated sector to the extent that it engages in any of the following activities in the United Kingdom—

(a)

a regulated activity specified in sub-paragraph (2);

(b)

the activities of the National Savings Bank;

(c)

any activity carried on for the purpose of raising money authorised to be raised under the National Loans Act 1968 (c. 13) under the auspices of the Director of Savings;

(d)

the business of operating a bureau de change, transmitting money (or any representation of monetary value) by any means or cashing cheques which are made payable to customers;

(e)

any of the activities in points 1 to 12 or 14 of Annex 1 to the Banking Consolidation Directive when carried on by way of business, ignoring an activity falling within any of paragraphs (a) to (d);

(f)

estate agency work;

(g)

operating a casino by way of business;

(h)

the activities of a person appointed to act as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 (c. 45) or Article 3 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));

(i)

the provision by way of business of advice about the tax affairs of another person by a body corporate or unincorporate or, in the case of a sole practitioner, by an individual;

(j)

the provision by way of business of accountancy services by a body corporate or unincorporate or, in the case of a sole practitioner, by an individual;

(k)

the provision by way of business of audit services by a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 (c. 40) or Article 28 of the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5));

(l)

the provision by way of business of legal services by a body corporate or unincorporate or, in the case of a sole practitioner, by an individual and which involves participation in a financial or real property transaction (whether by assisting in the planning or execution of any such transaction or otherwise by acting for, or on behalf of, a client in any such transaction);

(m)

the provision by way of business of services in relation to the formation, operation or management of a company or a trust;

(n)

the activity of dealing in goods of any description by way of business (including dealing as an auctioneer) whenever a transaction involves accepting a total cash payment of 15,000 euro or more.

(2)

These are the regulated activities—

(a)

accepting deposits;

(b)

effecting or carrying out contracts of long-term insurance when carried on by a person who has received official authorisation pursuant to Article 4 or 51 of the Life Assurance Consolidation Directive;

(c)

dealing in investments as principal or as agent;

(d)

arranging deals in investments;

F1(da)

operating a multilateral trading facility;

(e)

managing investments;

(f)

safeguarding and administering investments;

(g)

sending dematerialised instructions;

(h)

establishing (and taking other steps in relation to) collective investment schemes;

(i)

advising on investments;

(j)

issuing electronic money.