Financial Services and Markets Act 2000

417 Definitions. U.K.

(1) In this Act—

• “appointed representative” has the meaning given in section 39(2);

• “auditors and actuaries rules” means rules made under section 340;

• “authorisation offence” has the meaning given in section 23(2);

• “authorised open-ended investment company” has the meaning given in section 237(3);

• “authorised person” has the meaning given in section 31(2);

• “the Authority” means the Financial Services Authority;

• “body corporate” includes a body corporate constituted under the law of a country or territory outside the United Kingdom;

• “chief executive”—

  (a)

  in relation to a body corporate whose principal place of business is within the United Kingdom, means an employee of that body who, alone or jointly with one or more others, is responsible under the immediate authority of the directors, for the conduct of the whole of the business of that body; and

  (b)

  in relation to a body corporate whose principal place of business is outside the United Kingdom, means the person who, alone or jointly with one or more others, is responsible for the conduct of its business within the United Kingdom;

• “collective investment scheme” has the meaning given in section 235;

• “the Commission” means the European Commission (except in provisions relating to the Competition Commission);

• “the compensation scheme” has the meaning given in section 213(2);

• “control of information rules” has the meaning given in section 147(1);

• “director”, in relation to a body corporate, includes—

  (a)

  a person occupying in relation to it the position of a director (by whatever name called); and

  (b)

  a person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of that body are accustomed to act;

• “documents” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form [F1 , or in a form from which it can readily be produced in visible and legible form];

• [F2 “electronic commerce directive” means Directive 2000/31/EC of the European Parliament and the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);]

• “exempt person”, in relation to a regulated activity, means a person who is exempt from the general prohibition in relation to that activity as a result of an exemption order made under section 38(1) or as a result of section 39(1) or 285(2) or (3);

• “financial promotion rules” means rules made under section 145;

• “friendly society” means an incorporated or registered friendly society;

• “general prohibition” has the meaning given in section 19(2);

• “general rules” has the meaning given in section 138(2);

• “incorporated friendly society” means a society incorporated under the M1 Friendly Societies Act 1992;

• “industrial and provident society” means a society registered or deemed to be registered under the M2 Industrial and Provident Societies Act 1965 or the M3 Industrial and Provident Societies Act (Northern Ireland) 1969;

• [F3 “information society service” means an information society service within the meaning of Article 2(a) of the electronic commerce directive;]

• [F4 “investment services and activities” has the meaning given in Article 4.1.2 of the markets in financial instruments directive, read with—

  (a)

  Chapter VI of Commission Regulation 1287/2006 of 10 August 2006, and

  (b)

  Article 52 of Commission Directive 2006/73/EC of 10 August 2006 F5 ;]

• “market abuse” has the meaning given in section 118;

• “Minister of the Crown” has the same meaning as in the Ministers of the M4 Crown Act 1975;

• “money laundering rules” means rules made under section 146;

• “notice of control” [F6 (except in Chapter 1A of Part 18)] has the meaning given in section 178(5);

• “the ombudsman scheme” has the meaning given in section 225(3);

• “open-ended investment company” has the meaning given in section 236;

• “Part IV permission” has the meaning given in section 40(4);

• “partnership” includes a partnership constituted under the law of a country or territory outside the United Kingdom;

• “prescribed” (where not otherwise defined) means prescribed in regulations made by the Treasury;

• “price stabilising rules” means rules made under section 144;

• “private company” has the meaning given in section 1(3) of the M5 Companies Act 1985 or in Article 12(3) of the M6 Companies (Northern Ireland) Order 1986;

• “prohibition order” has the meaning given in section 56(2);

• “recognised clearing house” and “recognised investment exchange” have the meaning given in section 285;

• “registered friendly society” means a society which is—

  (a)

  a friendly society within the meaning of section 7(1)(a) of the M7 Friendly Societies Act 1974; and

  (b)

  registered within the meaning of that Act;

• “regulated activity” has the meaning given in section 22;

• “regulating provisions” has the meaning given in section 159(1);

• “regulatory objectives” means the objectives mentioned in section 2;

• “regulatory provisions” has the meaning given in section 302;

• “rule” means a rule made by the Authority under this Act;

• “rule-making instrument” has the meaning given in section 153;

• “the scheme manager” has the meaning given in section 212(1);

• “the scheme operator” has the meaning given in section 225(2);

• “scheme particulars rules” has the meaning given in section 248(1);

• “Seventh Company Law Directive” means the European Council Seventh Company Law Directive of 13 June 1983 on consolidated accounts (No. 83/349/EEC);

• [F7 “Takeovers Directive” means Directive 2004/25/EC of the European Parliament and of the Council;

• “threshold conditions”, in relation to a regulated activity, has the meaning given in section 41;

• “the Treaty” means the treaty establishing the European Community;

• “trust scheme rules” has the meaning given in section 247(1);

• “UK authorised person” has the meaning given in section 178(4); and

• “unit trust scheme” has the meaning given in section 237.

(2) In the application of this Act to Scotland, references to a matter being actionable at the suit of a person are to be read as references to the matter being actionable at the instance of that person.

(3) For the purposes of any provision of this Act [F8 (other than a provision of Part 6)] authorising or requiring a person to do anything within a specified number of days no account is to be taken of any day which is a public holiday in any part of the United Kingdom.

[F9 (4) For the purposes of this Act—

(a) an information society service is provided from an EEA State if it is provided from an establishment in that State;

(b) an establishment, in connection with an information society service, is the place at which the provider of the service (being a national of an EEA State or a company or firm as mentioned in Article 48 of the Treaty) effectively pursues an economic activity for an indefinite period;

(c) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute that place as an establishment of the kind mentioned in paragraph (b);

(d) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the provider has the centre of his activities relating to the service.]]

Textual Amendments

F1 S. 417(1): words in definition of "documents" inserted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. 2 para. 16(2)(f); S.I. 2003/708, art. 2(c)(k)

F2 S. 417: definition of "electronic commerce directive" inserted (18.7.2002 for certain purposes and 21.8.2002 otherwise) by The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (S.I. 2002/1775), regs. 1, 13(2)(a)

F3 S. 417: definition of "information society service" inserted (18.7.2002 for certain purposes and 21.8.2002 otherwise) by The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (S.I. 2002/1775), regs. 1, 13(2)(b)

F4 S. 417(1): definition of "investment services and activities" inserted (1.4.2007 for certain purposes and 1.11.2007 otherwise) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (S.I. 2007/126), regs. 1(2), 3(5), Sch. 5 para. 19(a)

F5 OJ No L 241, 2.9.2006, p. 26.

F6 S. 417(1): words in definition of "notice of control" inserted (1.4.2007 for certain purposes and 1.11.2007 otherwise) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (S.I. 2007/126), regs. 1(2), 3(5), Sch. 5 para. 19(b)

F7 S. 417(1): definition inserted (6.4.2007) by Companies Act 2006 (c. 46), ss. 964(6), 1300(2); S.I. 2007/1093, art. 2(1)(b) (with arts. 4, 11)

F8 Words in s. 417(3) inserted (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 15

F9 S. 417(4) inserted (18.7.2002 for certain purposes and 21.8.2002 otherwise) by The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (S.I. 2002/1775), regs. 1, 13(2)(c)

Modifications etc. (not altering text)

C1 S. 417 modified (22.2.2008) by The Northern Rock plc Transfer Order 2008 (S.I. 2008/432), art. 17

C2 S. 417 modified (29.9.2008 at 8.00 a.m.) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), art. 13

Marginal Citations

M1 1992 c. 40.

M2 1965 c. 12.

M3 1969 c. 24. (N.I.)

M4 1975 c. 26.

M5 1985 c. 6.

M6 S.I. 1986/1032 (N.I. 6).

M7 1992 c. 40.