Part XVII Collective Investment Schemes

Chapter III Authorised Unit Trust Schemes

Powers of intervention

259 Procedure on giving directions under section 257 F1or 258A and varying them on F2FCA's own initiative.

(1)

A direction F3under section 257 or 258A takes effect—

(a)

immediately, if the notice given under subsection (3) states that that is the case;

(b)

on such date as may be specified in the notice; or

(c)

if no date is specified in the notice, when the matter to which it relates is no longer open to review.

(2)

A direction F4under section 257 may be expressed to take effect immediately (or on a specified date) only if the F5FCA, having regard to the ground on which it is exercising its power under F6that section, considers that it is necessary for the direction to take effect immediately (or on that date).

(3)

If the F5FCA proposes to give a direction under F7section 257 or 258A, or gives a direction under either section with immediate effect, it must give separate written notice to the manager and the trustee of the scheme concerned.

(4)

The notice must—

(a)

give details of the direction;

(b)

inform the person to whom it is given of when the direction takes effect;

(c)

state the F5FCA's reasons for giving the direction and for its determination as to when the direction takes effect;

(d)

inform the person to whom it is given that he may make representations to the F5FCA within such period as may be specified in it (whether or not he has referred the matter to the Tribunal); and

(e)

inform him of his right to refer the matter to the Tribunal.

(5)

If the direction imposes a requirement under section 257(2)(a), the notice must state that the requirement has effect until—

(a)

a specified date; or

(b)

a further direction.

(6)

If the direction F8is given under section 257(2)(b) or section 258A(2) or (4), the scheme must be wound up—

(a)

by a date specified in the notice; or

(b)

if no date is specified, as soon as practicable.

(7)

The F5FCA may extend the period allowed under the notice for making representations.

(8)

If, having considered any representations made by a person to whom the notice was given, the F5FCA decides—

(a)

to give the direction in the way proposed, or

(b)

if it has been given, not to revoke the direction,

it must give separate written notice to the manager and the trustee of the scheme concerned.

(9)

If, having considered any representations made by a person to whom the notice was given, the F5FCA decides—

(a)

not to give the direction in the way proposed,

(b)

to give the direction in a way other than that proposed, or

(c)

to revoke a direction which has effect,

it must give separate written notice to the manager and the trustee of the scheme concerned.

(10)

A notice given under subsection (8) must inform the person to whom it is given of his right to refer the matter to the Tribunal.

(11)

A notice under subsection (9)(b) must comply with subsection (4).

(12)

If a notice informs a person of his right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference.

(13)

This section applies to the variation of a direction on the F5FCA's own initiative as it applies to the giving of a direction.

(14)

For the purposes of subsection (1)(c), whether a matter is open to review is to be determined in accordance with section 391(8).