SCHEDULE 1 

PART IIControlled Investments

Interpretation28

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—

    1. a

      rights under a qualifying contract of insurance;

    2. b

      any investment of the kind specified by any of paragraphs 21, 22, 23 and 25;

    3. c

      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;

  • F5“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 but with paragraph (b) of the definition omitted;

  • F3“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;

  • F4“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—

    1. a

      in the case of an investment consisting of rights under a contract—

      1. i

        surrendering, assigning or converting those rights; or

      2. ii

        assuming the corresponding liabilities under the contract;

    2. b

      in the case of an investment consisting of rights under other arrangements, assuming the corresponding liabilities under the arrangements; and

    3. c

      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.