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Financial Services and Markets Act 2000
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Changes over time for: Section 358
Alternative versions:
- 01/12/2001- Amendment
- 01/04/2013- Amendment
- 30/11/2016- Amendment
- 01/01/2022
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Financial Services and Markets Act 2000, Section 358 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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358 [F1Powers of FCA and PRA] to participate in proceedings: trust deeds for creditors in Scotland.U.K.
This section has no associated Explanatory Notes
(1)This section applies where a trust deed has been granted by or on behalf of a debtor who is an authorised person [F2or recognised investment exchange].
(2)The trustee must, as soon as practicable after he becomes aware that the debtor is an authorised person [F3or recognised investment exchange], send to the [F4appropriate regulator]—
(a)in every case, a copy of the trust deed;
(b)where any other document or information is sent to every creditor known to the trustee in pursuance of [F5section 170 of the 2016] Act, a copy of such document or information.
F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The [F4appropriate regulator] must be given the same notice as the creditors of any meeting of creditors held in relation to the trust deed.
(5)A person appointed for the purpose by [F7the appropriate regulator] is entitled to attend and participate in (but not to vote at) any such meeting of creditors as if [F8that regulator] were a creditor under the deed.
(6)This section does not affect any right [F9a regulator] has as a creditor of a debtor who is an authorised person [F10or recognised investment exchange].
[F11(6A)"The appropriate regulator” means—
(a)in the case of a PRA-authorised person—
(i)for the purposes of subsections (2) F12... and (4), each of the FCA and the PRA, and
(ii)for the purposes of subsection (5), the FCA or the PRA;
(b)in any other case, the FCA.]
(7)Expressions used in this section and in the [F132016] Act have the same meaning in this section as in that Act.
Textual Amendments
F1Words in s. 358 heading substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(7) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F2Words in s. 358(1) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3Words in s. 358(2) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F4Words in s. 358(2)-(4) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F5Words in s. 358(2)(b) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 20(5)(a)
F6S. 358(3) omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 20(5)(b)
F7Words in s. 358(5) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(4)(a) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F8Words in s. 358(5) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(4)(b) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F9Words in s. 358(6) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(5) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F10Words in s. 358(6) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F11S. 358(6A) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 14 para. 5(6) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F12Word in s. 358(6A)(a)(i) omitted (30.11.2016) by virtue of The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 20(5)(c)
F13Word in s. 358(7) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 20(5)(d)
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