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Version Superseded: 01/11/2007
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There are currently no known outstanding effects for the The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, Paragraph 28.
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28. In this Schedule—
“buying” includes acquiring for valuable consideration;
[F1“Commission Regulation” means Commission Regulation 1287/2006 of 10 August 2006;]
“contract of insurance” has the meaning given in the Regulated Activities Order;
“contractually based investment” means—
rights under a qualifying contract of insurance;
any investment of the kind specified by any of paragraphs 21, 22, 23 and 25;
any investment of the kind specified by paragraph 27 so far as relevant to an investment falling within (a) or (b);
[F1“credit institution” has the meaning given in the Regulated Activities Order;]
[F2“home purchase provider” and “home purchaser” have the meanings given in article 63F(3) of the Regulated Activities Order;]
[F1“investment firm” has the meaning given in the Regulated Activities Order;
“investment services and activities” has the meaning given in the Regulated Activities Order;]
[F1“management company” has the meaning given in the Regulated Activities Order;
“market operator” has the meaning given in the Regulated Activities Order;
“MiFID instrument” has the meaning given in article 25D(2) of the Regulated Activities Order;
“multilateral trading facility” has the meaning given in the Regulated Activities Order;]
[F3“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 but with paragraph (b) of the definition omitted;]
[F4“plan provider” has the meaning given by paragraph (3) of article 63B of the Regulated Activities Order, read with paragraphs (7) and (8) of that article;]
“property” includes currency of the United Kingdom or any other country or territory;
“qualifying funeral plan contract” has the meaning given by paragraph 9;
[F5“regulated home purchase plan” has the meaning given in article 63F(3) of the Regulated Activities Order;
“regulated home reversion plan” and “reversion seller” have the meanings given in article 63B(3) of the Regulated Activities Order;]
“security” means a controlled investment falling within any of paragraphs 14 to 20 or, so far as relevant to any such investment, paragraph 27;
“selling”, in relation to any investment, includes disposing of the investment for valuable consideration, and for these purposes “disposing” includes—
in the case of an investment consisting of rights under a contract—
surrendering, assigning or converting those rights; or
assuming the corresponding liabilities under the contract;
in the case of an investment consisting of rights under other arrangements, assuming the corresponding liabilities under the arrangements; and
in the case of any other investment, issuing or creating the investment or granting the rights or interests of which it consists;
“syndicate” has the meaning given in the Regulated Activities Order.
Textual Amendments
F1Words in Sch. 1 para. 28 inserted (1.4.2007 for specified purposes) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 (S.I. 2006/3384), arts. 1(2), 40(6)
F2Words in Sch. 1 para. 28 inserted (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), 35(6)(c)(i)
F3Words in Sch. 1 para. 28 substituted (6.4.2007) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006 (S.I. 2006/1969), arts. 1(2)(b), 12(4)
F4Words in Sch. 1 para. 28 inserted (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), 35(6)(c)(ii)
F5Words in Sch. 1 para. 28 inserted (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), 35(6)(c)(iii)
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