PART II SPECIFIED ACTIVITIES

Chapter XVIIExclusions Applying to Several Specified Kinds of Activity

F1Insolvency practitioners72H

1

There is excluded from the provisions listed in paragraph (2) any activity carried on by a person acting as an insolvency practitioner.

2

The provisions are—

a

article 14 (dealing in investments as principal);

b

article 21 (dealing in investments as agent);

c

article 25 (arranging deals in investments);

d

article 25D (operating a multilateral trading facility);

F2da

article 25DA (operating an organised trading facility);

e

article 37 (managing investments);

f

article 39A (assisting in the administration and performance of a contract of insurance);

g

article 39D (debt adjusting);

h

article 39E (debt-counselling);

i

article 39F (debt-collecting);

j

article 39G (debt administration);

k

article 40 (safeguarding and administering investments);

l

article 45 (sending dematerialised instructions);

m

article 51ZA (managing F3a UK UCITS);

n

article 51ZB (acting as trustee or depositary of F4a UK UCITS);

o

article 51ZC (managing an AIF);

p

article 51ZD (acting as trustee or depositary of an AIF);

q

article 51ZE (establishing etc. a collective investment scheme);

r

article 52 (establishing etc. a pension scheme);

s

article 53 (advising on investments);

F5sa

article 59(1A) (carrying out a funeral plan contract as provider);

t

article 89A (providing credit information services).

3

There is excluded from articles 39D, 39E and 89A any activity carried on by a person acting in reasonable contemplation of that person’s appointment as an insolvency practitioner.

4

There is excluded from article 64 any agreement made by a person acting as an insolvency practitioner to carry on an activity of the kind excluded by paragraph (1).

5

There is excluded from article 64 any agreement made by a person acting in reasonable contemplation of that person’s appointment as an insolvency practitioner to carry on an activity of the kind excluded by paragraph (3).