The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001

Investigation of share dealing

61.  In Article 439 of the 1986 Order (investigation of share dealing), for paragraph (3)(1) substitute—

“(3) Articles 427 to 429 apply for the purposes of an investigation under this Article to the following persons as they apply to officers of the company or of the other body corporate—

(a) an authorised person;

(b) a relevant professional;

(c) a person not falling within sub-paragraph (a) or (b) who may carry on a regulated activity without contravening the prohibition imposed by section 19 of the Financial Services and Markets Act 2000; and

(d) in relation to an authorised person, to a relevant professional or to a person falling within sub-paragraph (c)—

(i) if it is a body corporate, any person who is or has been an officer of it,

(ii) if it is a partnership, any person who is or has been a partner in it,

(iii) if it is an unincorporated association, any person who is or has been a member of its governing body or an officer of it.

(3A) In paragraph (3)—

“authorised person” has the meaning given in section 31(2) of the Financial Services and Markets Act 2000;

“relevant professional” means a member of a profession if a body has been designated under section 326(1) of that Act in relation to that profession, and, in relation to such a profession, “member” has the meaning given in section 325(2) of that Act.”.

(1)

Section 439(3) was amended by the Financial Services Act 1986 (c. 60) Schedule 13 paragraph 12(a) and Companies (no. 2) (NI) Order (NI 10), article 113, Schedule 6.