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5. In regulation 11(2)—
(a)for sub-paragraph (b) there shall be substituted—
“(b)a plan manager must be—
(i)an authorised person within the meaning of Chapter III of Part I of the Financial Services Act 1986(1) (“the 1986 Act”), or
(ii)a European institution which may carry on home-regulated investment business in the United Kingdom in accordance with the Banking Co-ordination (Second Council Directive) Regulations 1992;”
(b)at the end of sub-paragraph (c) there shall be added—
“; and
(d)a plan manager who is a European institution or a relevant authorised person and who does not have a branch or business establishment in the United Kingdom, or has such a branch or business establishment but does not intend to carry out all his functions as a plan manager at that branch or business establishment, must fulfil one of the three requirements specified in regulation 11A.”
1986 c. 60; section 13 was amended by section 206(1) of, and paragraph 1 of Part I of Schedule 23 to, the Companies Act 1989 (c. 40) and section 23 was substituted by section 98(a), and paragraph 1 of Part I of Schedule 18 to, the Friendly Societies Act 1992 (c. 40).
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