PART 2 AMENDMENTS TO THE COMPANIES LEGISLATION

The Companies' Act 1989 (c. 40)

85 Power to make provision about certain charges other than market charges
1 Section 176 of the Companies Act 1989 (power to make provision about certain other charges) is amended as follows.
2 In paragraph (b) of subsection (2)—
(a) the words “Financial Services” are repealed; and
The words repealed were substituted by the Bank of England Act 1998 (c. 11), Schedule 5 paragraph 48(2).
(b) for “section 171” substitute “section 301 of the Financial Services and Markets Act 2000”.
3 For paragraphs (d) and (e) of that subsection substitute—

“(d) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on a relevant regulated activity, or
(e) an international securities self-regulating organisation approved for the purposes of an order made under section 22 of the Financial Services and Markets Act 2000,”

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4 In subsection (6)—
(a) the words “Financial Services” are repealed; and
(b) for “section 171” substitute “section 301 of the Financial Services and Markets Act 2000”.
Subsection (6) was substituted by the Bank of England Act 1998 (c. 11), Schedule 5 paragraph 48(3).
5 After subsection (7) insert—

“8 For the purposes of subsection (2)(d), “relevant regulated activity” means—
(a) dealing in investments as principal or as agent;
(b) arranging deals in investments;
(c) managing investments;
(d) safeguarding and administering investments;
(e) sending dematerialised instructions; or
(f) establishing etc. a collective investment scheme.
9 Subsection (8) must be read with—
(a) section 22 of the Financial Services and Markets Act 2000;
(b) any relevant order under that section; and
(c) Schedule 2 to that Act.”

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