PART II FORMATION, SUPERVISION AND CONTROL

General

Modification or waiver of F1FCA rules7

1

The Authority may, on the application or with the consent of any person to whom any F1FCA rules apply, direct that all or any of the F1FCA rules—

a

are not to apply to him as respects a particular open-ended investment company; or

b

are to apply to him as respects such a company with such modifications as may be specified in the direction.

2

The Authority may, on the application or with the consent of an open-ended investment company and its depositary acting jointly, direct that all or any of the F1FCA rules—

a

are not to apply to the company; or

b

are to apply to the company with such modifications as may be specified in the direction.

3

F2Sections 138A(3) to (7) and 138B of the Act (modification or waiver of rules) have effect in relation to a direction under paragraph (1) as they have effect in relation to a direction under F3section 138A(1) of the Act but with the following modifications—

a

subsection (4)(a) is to be read as if the words “by the authorised person" were omitted;

b

any reference to the authorised person (except in subsection (4)(a)) is to be read as a reference to the person mentioned in paragraph (1); and

c

F4section 138B(3)(c) is to be read, in relation to a shareholder, as if the word “commercial" were omitted.

4

F5Sections 138A(3) to (7) and 138B of the Act have effect in relation to a direction under paragraph (2) as they have effect in relation to a direction under F6section 138A(1) of the Act but with the following modifications—

a

F7section 138A(4)(a) is to be read as if the words “by the authorised person" were omitted;

b

F8section 138B(3)(c) and (5) are to be read as if the reference to the authorised person were a reference to each of the company and its depositary;

c

F9section 138B(3)(c) is to be read, in relation to a shareholder, as if the word “commercial" were omitted; and

d

F10section 138A(7) is to be read as if the reference to the authorised person were a reference to the company and its depositary acting jointly.