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Financial Services and Markets Act 2000
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Changes over time for: Section 38
Version Superseded: 01/04/2015
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Financial Services and Markets Act 2000, Section 38 is up to date with all changes known to be in force on or before 09 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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38 Exemption orders.U.K.
This section has no associated Explanatory Notes
(1)The Treasury may by order (“an exemption order”) provide for—
(a)specified persons, or
(b)persons falling within a specified class,
to be exempt from the general prohibition.
(2)But a person cannot be an exempt person as a result of an exemption order if he has a [F1Part 4A permission].
(3)An exemption order may provide for an exemption to have effect—
(a)in respect of all regulated activities;
(b)in respect of one or more specified regulated activities;
(c)only in specified circumstances;
(d)only in relation to specified functions;
(e)subject to conditions.
(4)“Specified” means specified by the exemption order.
Textual Amendments
F1Words in s. 38(2) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 4 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
Modifications etc. (not altering text)
C1S. 38(2) modified (31.10.2001) by S.I. 2001/3374, art. 1, Sch. para. 3
C2S. 38(2) modified (31.10.2004) by The Financial Services and Markets Act 2000 (Transitional Provisions) (Mortgages) Order 2004 (S.I. 2004/2615), arts. 1(2)(b), 5, Sch. para. 3
C3S. 38(2) modified (14.1.2005) by The Financial Services and Markets Act 2000 (Transitional Provisions) (General Insurance Intermediaries) Order 2004 (S.I. 2004/3351), arts. 1(2)(b), 5, Sch. para. 3
C4S. 38(2) modified (6.4.2007) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006 (S.I. 2006/1969), arts. 1(3), 7, Sch. para. 3(a)
C5S. 38(2) modified (30.6.2008 for certain purposes, otherwise 1.1.2009) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2007 (S.I. 2007/3510), arts. 1(2), 7(1)(3)
C6S. 38(2) modified (1.7.2009 for certain purposes, otherwise 30.6.2010) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (S.I. 2009/1342), arts. 1(2), 34, {Sch. paras. 1, 3}
C7S. 38(2) modified (2.4.2013) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2013 (S.I. 2013/655), arts. 1, 10(5)(a)
C8S. 38(2) modified (26.7.2013 for specified purposes, 2.9.2013 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), arts. 1(2)(5), 59(2)(a)
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