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89.—(1) Subject to paragraphs (2) to (4), any right to or interest in anything which is specified by any other provision of this Part (other than [F1article 88, [F288A, 88B or 88C]]).
(2) Paragraph (1) does not include interests under the trusts of an occupational pension scheme.
[F3(2A) Paragraph (2) does not apply where the kind of activity specified in article 53E (advising on conversion or transfer of pension benefits) is carried on by way of business in relation to the interests under the trusts of an occupational pension scheme.]
(3) Paragraph (1) does not include—
(a)rights to or interests in a contract of insurance of the kind referred to in paragraph (1)(a) of article 60; or
(b)interests under a trust of the kind referred to in paragraph (1)(b) of that article.
(4) Paragraph (1) does not include anything which is specified by any other provision of this Part.
Textual Amendments
F1Words in art. 89(1) substituted (6.11.2006 for specified purposes, 6.4.2007 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2006 (S.I. 2006/2383), arts. 1(2), 24
F2Words in art. 89(1) substituted (1.7.2009 for specified purposes, 30.6.2010 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2009 (S.I. 2009/1342), arts. 1(2), 22
F3Art. 89(2A) inserted (6.4.2015) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2015 (S.I. 2015/731), arts. 1, 2(5)