Part 3Trading income
Chapter 9Trade profits: other specific trades
F1Banking companies
133GMeaning of “relevant regulated activity”
(1)
In sections 133E and 133F “relevant regulated activity” means an activity which is a regulated activity for the purposes of FISMA 2000 by virtue of any of the following provisions of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)—
(a)
article 5 (accepting deposits);
(b)
article 14 (dealing in investments as principal);
(c)
article 21 (dealing in investments as agent);
(d)
article 25 (arranging deals in investments);
F2(da)
article 25DA (operating an organised trading facility), but only where dealing on own account in relation to sovereign debt instruments for which there is no liquid market (within the meaning of the Handbook made by the Financial Conduct Authority under FISMA 2000);
(e)
article 40 (safeguarding and administering investments);
(f)
article 61 (regulated mortgage contracts).
(2)
In determining whether an activity carried on at any time before 1 December 2001 was at that time a relevant regulated activity, it is to be assumed that FISMA 2000 and the order mentioned in subsection (1) were in force in the form in which they had effect on 1 December 2001.