The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001, and come into force on the day on which section 1 of the Act comes into force.

(2) In these Regulations—

“the Act” means the Financial Services and Markets Act 2000;

“appropriate person” means—

(a)

an individual to whom a relevant document may be given, in accordance with regulation 3(1), in order to give that document to a person who is not an individual, or

(b)

in the case of a relevant document given to an appointed representative, his principal;

“business day” means any day except Saturday, Sunday or a bank holiday, where “bank holiday” includes Christmas Day and Good Friday;

“document” means a notice, direction or document (as defined in section 417 of the Act) of any kind;

“host state regulator” has the meaning given in paragraph 11 of Schedule 3 to the Act;

“an investigating authority” means the Authority or the Secretary of State, as the case may be;

“investigator” means a person appointed by an investigating authority under section 97(2), 167, 168(3) or (5), 169(1)(b) or 284 of the Act, or under regulations made under section 262 of the Act, to carry out an investigation;

“nominee”, in relation to any person to whom a document is to be given (“A”), means a person (“B”) who is authorised for the time being to receive relevant documents on behalf of A, to whom relevant documents may be given—

(a)

if A has notified the Authority in writing that B is so authorised, by any relevant authority, or

(b)

if A has notified a relevant authority in writing that B is so authorised, by that relevant authority;

“ombudsman” has the meaning given in paragraph 1 of Schedule 17 to the Act;

“relevant authority” means—

(a)

the Authority,

(b)

the Secretary of State,

(c)

the Director General of Fair Trading,

(d)

an investigator,

(e)

the scheme manager,

(f)

the scheme operator, or

(g)

an ombudsman;

“ a relevant document” means—

(a)

a document in relation to which a provision of or made under the Act (other than a provision of or made under Part IX or Part XXIV of the Act) requires a document of that kind to be given, or

(b)

where a provision of or made under the Act (other than a provision of or made under Part IX or Part XXIV) authorises the imposition of a requirement, a document by which such a requirement is imposed.

(3) For the purposes of these Regulations, the scheme operator and ombudsmen are treated as the same relevant authority (with the effect, in particular, that a document given to one is to be treated as also given to the other).

(4) In these Regulations references to a requirement to give any document apply however the requirement is expressed (and so, in particular, include any requirement for a document to be served or sent).

(5) For the purposes of these Regulations, writing includes any means of electronic communication which may be processed to produce a legible text.

(6) These Regulations have effect subject to any contrary provision made by a relevant authority under the Act with respect to the service of documents.