SCHEDULE 1
PART IIControlled Investments
Interpretation28
In this Schedule—
F10“AIFM” has the meaning given in the Regulated Activities Order;
F6“agreement provider” has the meaning given in paragraph (3) of article 63J of the Regulated Activities Order, read with paragraphs (6) and (7) of that article;
“agreement seller” has the meaning given in article 63J(3) of the Regulated Activities Order
F8“borrower” has the meaning given by article 60L of the Regulated Activities Order;
“buying” includes acquiring for valuable consideration;
F5“Commission Regulation” F11... F11has the meaning given in the Regulated Activities Order ;
F8“consumer hire agreement” has the meaning given by article 60N of the Regulated Activities Order;
“contract of insurance” has the meaning given in the Regulated Activities Order;
“contractually based investment” means—
- a
rights under a qualifying contract of insurance;
- b
any investment of the kind specified by any of paragraphs 21, 22, 23 and 25;
- c
any investment of the kind specified by paragraph 27 so far as relevant to an investment falling within (a) or (b);
- a
F14...
F13“EU trading venue" has the meaning given by Article 2.1.16B of the markets in financial instruments regulation;
F8“hirer” has the meaning given by article 60N of the Regulated Activities Order;
F1“home purchase provider” and “home purchaser” have the meanings given in article 63F(3) of the Regulated Activities Order;
F5“investment firm” has the meaning given in the Regulated Activities Order;
“investment services and activities” has the meaning given in the Regulated Activities Order;
F8“lender” has the meaning given by article 60L of the Regulated Activities Order;
F5“management company” has the meaning given in the Regulated Activities Order;
“market operator” has the meaning given in the Regulated Activities Order;
F10“markets in financial instruments directive” means Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments (recast);
“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;
F10“non-equity MiFID instrument” has the meaning given in article 25DA of the Regulated Activities Order;
F4“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 but with paragraph (b) of the definition omitted;
F10“organised trading facility” has the meaning given in the Regulated Activities Order;
F2“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;
F13“qualifying credit institution” has the meaning given in the Regulated Activities Order;
“qualifying funeral plan contract” has the meaning given by paragraph 9;
F8“regulated consumer hire agreement” has the meaning given by article 60N of the Regulated Activities Order;
F8“regulated credit agreement” has the meaning given by article 60B of the Regulated Activities Order;
F3“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;
F7“regulated sale and rent back agreement” has the meaning given in article 63J(3) of the Regulated Activities Order;
F9...
F9“relevant credit agreement” means a credit agreement (within the meaning given by article 60B of the Regulated Activities Order) other than—
- a
a regulated mortgage contract or a regulated home purchase plan (within the meaning of that Order); or
- b
a buy-to-let mortgage contract as defined in article 4 of the Mortgage Credit Directive Order 2015;
F8“relevant recipient of credit” has the meaning given by article 60L of the Regulated Activities Order.
- a
“security” means a controlled investment falling within any of paragraphs 14 to 20 F12or 23A 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—
- a
in the case of an investment consisting of rights under a contract—
- i
surrendering, assigning or converting those rights; or
- ii
assuming the corresponding liabilities under the contract;
- i
- b
in the case of an investment consisting of rights under other arrangements, assuming the corresponding liabilities under the arrangements; and
- c
in the case of any other investment, issuing or creating the investment or granting the rights or interests of which it consists;
- a
“syndicate” has the meaning given in the Regulated Activities Order.
F13“UK trading venue” has the meaning given by Article 2.1.16 of the markets in financial instruments regulation.