The Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2009

Interpretation

2.  In this Order—

“the Act” means the Financial Services and Markets Act 2000;

“authorised building society” means any UK authorised person(1) which is a building society within the meaning of section 119 of the Building Societies Act 1986 (interpretation)(2);

“relevant friendly society” means any UK authorised person which is a friendly society to which neither subsection (2) nor subsection (3) of section 37 of the Friendly Societies Act 1992 (restriction on combinations of business)(3) applies; and

“relevant UK authorised person” means a UK authorised person other than—

(a)

a credit institution authorised under the banking consolidation directive(4);

(b)

an investment firm authorised under the markets in financial instruments directive(5);

(c)

a management company as defined in Article 1a.2 of the UCITS directive, authorised under that directive(6);

(d)

an undertaking pursuing the activity of direct insurance within the meaning of—

(i)

Article 2 of the life assurance consolidation directive, authorised under that directive(7); or

(ii)

Article 1 of the first non-life insurance directive, authorised under that directive(8); or

(e)

an undertaking pursuing the activity of reinsurance within the meaning of Article 2.1(a) of the reinsurance directive, authorised under that directive(9).

(1)

“UK authorised person” is defined in section 191G of the Act (as inserted by S.I. 2009/534, see Regulation 3 and Schedule 1).

(2)

1986 c.53. There are amendments to section 119 which are not relevant to this Order.

(3)

1992 c.40. There are amendments to section 37 which are not relevant to this Order.

(4)

“Credit institution” is defined in section 191G of the Act (as inserted by S.I. 2009/534, see Regulation 3 and Schedule 1) and “banking consolidation directive” is defined in section 425(1) of and Schedule 3 to the Act (as amended by S.I. 2003/2066 and S.I. 2006/3221).

(5)

“Investment firm” is defined in section 424A of the Act (as inserted by S.I. 2006/2975 and amended by S.I. 2007/126) and “markets in financial instruments directive” is defined in section 425(1) of and Schedule 3 to the Act (as amended by S.I. 2003/2066 and S.I. 2006/2975).

(6)

“UCITS directive” is defined in section 425(1) of and Schedule 3 to the Act (as amended by S.I. 2003/2066).

(7)

“Life assurance consolidation directive” is defined in section 425(1) of and Schedule 3 to the Act (as amended by S.I. 2003/2066 and S.I. 2004/3379).

(8)

“First non-life insurance directive” is defined in section 425(1) of and Schedule 3 to the Act (as amended by S.I. 2003/2066).

(9)

“Reinsurance directive” is defined in section 425(1) of and Schedule 3 to the Act (as amended by S.I. 2003/2066 and S.I. 2007/3253).