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1. These Regulations may be cited as the Financial Services and Markets Act 2000 (Controllers) Regulations 2009 and come into force on 21st March 2009.
2. In these Regulations—
“the Act” means the Financial Services and Markets Act 2000(1);
“the Authority” means the Financial Services Authority.
3. Sections 178 to 191G as set out in Schedule 1 have effect in place of the existing sections 178 to 191 in Part 12 of the Act (control over UK authorised persons).
4. In section 192 of the Act (power to change definitions of control etc)—
(a)in paragraph (a) for “190” substitute “191D”;
(b)in paragraph (b)—
(i)for “179” substitute “181”; and
(ii)for “having” substitute “acquiring”;
(c)in paragraph (c)for “180” substitute “182”; and
(d)in paragraph (d)—
(i)for “181” substitute “183”; and
(ii)for “reducing his” substitute “reducing or ceasing to have”.
5. Chapter 1A as set out in Schedule 2 has effect in place of the existing Chapter 1A of Part 18 of the Act (control over recognised investment exchanges)(2).
6. In section 395(13) of the Act (the Authority’s procedures)(3)—
(a)after paragraph (bb) insert “(bc) 191B(1);”and
(b)after paragraph (f) insert “(fa) 301J(1);”.
7. Sections 422 and 422A as set out in Schedule 3 have effect in place of the existing section 422 of the Act (controller)(4).
8. Part 12, Chapter 1A of Part 18 and section 422 of the Act as they stood immediately before these Regulations came into force apply in respect of any notification submitted to the Authority under those provisions before the date these Regulations came into force.
9.—(1) Paragraph 165 of Schedule 27 to the Civil Partnership Act 2004(5) is repealed.
(2) The following provisions of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007(6) are revoked—
(a)paragraph 10 of Schedule 2; and
(b)paragraph 20 of Schedule 5.
Dave Watts
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2009
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