SCHEDULES

C1 SCHEDULE 2 Regulated Activities

Annotations:
Modifications etc. (not altering text)
C1

Sch. 2 applied by 1974 c. 39, s. 16(6E)(c) (as inserted (1.9.2002) by S.I. 2001/544, arts. 2(1)(2)(b), 90(2); S.I. 2001/3538, art. 2(1))

Part III Supplemental Provisions

The order-making power

25

1

An order under section 22(1) F2or (1A) may—

a

provide for exemptions;

b

confer powers on the Treasury or F3either regulator;

c

authorise the making of regulations or other instruments by the Treasury for purposes of, or connected with, any relevant provision;

d

authorise the making of rules or other instruments by F3either regulator for purposes of, or connected with, any relevant provision;

e

make provision in respect of any information or document which, in the opinion of the Treasury or F3either regulator, is relevant for purposes of, or connected with, any relevant provision;

f

make such consequential, transitional or supplemental provision as the Treasury consider appropriate for purposes of, or connected with, any relevant provision.

2

Provision made as a result of sub-paragraph (1)(f) may amend any primary or subordinate legislation, including any provision of, or made under, this Act.

3

Relevant provision” means any provision—

a

of section 22 or this Schedule; or

b

made under that section or this Schedule.

F1Parliamentary control

Annotations:
Amendments (Textual)
F1

Sch. 2 para. 26 and crossheading substituted (24.1.2013) by Financial Services Act 2012 (c. 21), ss. 8(3), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(a), Sch. Pt. 1

F126

1

This paragraph applies to any order made under section 22(1) or (1A) which contains a statement by the Treasury that, in their opinion, the effect (or one of the effects) of the proposed order would be that an activity which is not a regulated activity would become a regulated activity.

2

No order to which this paragraph applies may be made unless—

a

a draft of the order has been laid before Parliament and approved by a resolution of each House, or

b

sub-paragraph (4) applies.

3

Sub-paragraph (4) applies if an order to which this paragraph applies also contains a statement that the Treasury are of the opinion that, by reason of urgency, it is necessary to make the order without a draft being so laid and approved.

4

Where this sub-paragraph applies the order—

a

must be laid before Parliament after being made, and

b

ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order).

5

The “relevant period” is a period of 28 days beginning with the day on which the order is made.

6

In calculating the relevant period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

Interpretation

27

1

In this Schedule—

  • buying” includes acquiring for valuable consideration;

  • offering” includes inviting to treat;

  • property” includes currency of the United Kingdom or any other country or territory; and

  • selling” includes disposing for valuable consideration.

2

In sub-paragraph (1) “disposing” includes—

a

in the case of an investment consisting of rights under a contract—

i

surrendering, assigning or converting those rights; or

ii

assuming the corresponding liabilities under the contract;

b

in the case of an investment consisting of rights under other arrangements, assuming the corresponding liabilities under the contract or arrangements;

c

in the case of any other investment, issuing or creating the investment or granting the rights or interests of which it consists.

3

In this Schedule references to an instrument include references to any record (whether or not in the form of a document).