Financial Services and Markets Act 2000

250 Modification or waiver of rules. U.K.

(1) In this section “rules” means—

(a) trust scheme rules; or

(b) scheme particulars rules.

(2) The Authority may, on the application or with the consent of any person to whom any rules apply, direct that all or any of the rules—

(a) are not to apply to him as respects a particular scheme; or

(b) are to apply to him, as respects a particular scheme, with such modifications as may be specified in the direction.

(3) The Authority may, on the application or with the consent of the manager and trustee of a particular scheme acting jointly, direct that all or any of the rules—

(a) are not to apply to the scheme; or

(b) are to apply to the scheme with such modifications as may be specified in the direction.

(4) Subsections (3) to (9) and (11) of section 148 have effect in relation to a direction under subsection (2) as they have effect in relation to a direction under section 148(2) but with the following modifications—

(a) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any reference to the [F2 person] is to be read as a reference to the person mentioned in subsection (2); and

(c) subsection (7)(b) is to be read, in relation to a participant of the scheme, as if the word “commercial” were omitted.

(5) Subsections (3) to (9) and (11) of section 148 have effect in relation to a direction under subsection (3) as they have effect in relation to a direction under section 148(2) but with the following modifications—

(a) subsection (4)(a) is to be read as if the words “by the F3 . . . person” were omitted;

(b) subsections (7)(b) and (11) are to be read as if references to the F3 . . . person were references to each of the manager and the trustee of the scheme;

(c) subsection (7)(b) is to be read, in relation to a participant of the scheme, as if the word “commercial” were omitted;

(d) subsection (8) is to be read as if the reference to the F3 . . . person concerned were a reference to the scheme concerned and to its manager and trustee; and

(e) subsection (9) is to be read as if the reference to the F3 . . . person were a reference to the manager and trustee of the scheme acting jointly.

Textual Amendments

F1 S. 250(4)(a) omitted (12.7.2007) by virtue of The Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (S.I. 2007/1973), art. 11(a)

F2 Word in s. 250(4)(b) substituted (12.7.2007) by The Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (S.I. 2007/1973), art. 11(b)

F3 Word in s. 250(5)(a)(b)(d)(e) omitted (12.7.2007) by virtue of The Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (S.I. 2007/1973), art. 11(c)

Modifications etc. (not altering text)

C1 S. 250(2) amended (temp. from 3.9.2001 to 1.12.2001) by S.I. 2001/2659, arts. 1(2), 3(6); S.I. 2001/3538, art. 2(1)