The Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996

6.—(1) All the provisions of the 1985 Act referred to in paragraph 5 above shall have effect with such modifications as are necessary or appropriate for the purposes of this Schedule.

(2) In particular, any reference in those provisions to a Case 1 Scheme, a Case 2 Scheme or a Case 3 Scheme shall be taken to be a reference to a scheme falling within paragraph (a), (b) or (c) of paragraph 4(1) above.

(3) Without prejudice to the generality of sub-paragraph (1) above, the following references in those provisions shall, unless the context otherwise requires, have effect as indicated below, that is to say—

(a) any reference to a scheme shall be taken to be a reference to a scheme falling within any of paragraphs (a) to (c) of paragraph 4(1) above;

(b) any reference to a company shall be taken to be a reference to an investment company with variable capital;

(c) any reference to members shall be taken to be a reference to shareholders of an investment company with variable capital;

(d) any reference to the registered office of a company shall be taken to be a reference to the head office of an investment company with variable capital;

(e) any reference to the memorandum and articles of a company shall be taken to be a reference to the instrument of incorporation of an investment company with variable capital;

(f) any reference to a report under section 103 of the 1985 Act shall be taken to be a reference to any report with respect to the valuation of any non-cash consideration given for shares in an investment company with variable capital which may be required by SIB regulations;

(g) any reference to annual accounts shall be taken to be a reference to the accounts contained in the annual report of an investment company with variable capital;

(h) any reference to a directors' report, in relation to a company’s annual accounts, shall be taken to be a reference to any report of the directors of an investment company with variable capital that is contained in the company’s annual report;

(i) any reference to the requirements of the 1985 Act as to balance sheets forming part of a company’s annual accounts shall be taken to be a reference to any requirements arising by virtue of SIB regulations as to balance sheets drawn up for the purposes of the accounts contained in the annual report of an investment company with variable capital;

(j) any reference to paid up capital shall be taken to be a reference to the share capital of an investment company with variable capital.