The Supervision of Accounts and Reports (Prescribed Body) and Companies (Defective Accounts and Directors’ Reports) (Authorised Person) Order 2012

Appointment in relation to issuers

2.—(1) The Conduct Committee is appointed to exercise the functions mentioned in section 14(2) of the 2004 Act in respect of any issuer of transferable securities admitted to trading on a regulated market which is—

(a) a body corporate incorporated or otherwise formed under the law of, or of a part of, the United Kingdom of which the United Kingdom is the home Member State for the purposes of the transparency obligations directive;

(b) a body corporate incorporated or otherwise formed under the law of a place outside the United Kingdom of which the United Kingdom is the home Member State for the purposes of the transparency obligations directive.

(2) In paragraph (1), “issuer” does not include a person which is not required to comply with the reporting requirements of provisions implementing Articles 4 and 5 of the transparency obligations directive (annual financial reports and half-yearly financial reports) by virtue of—

(a) provisions implementing Article 8(1) of that Directive (exemptions), or

(b) the Transparency Obligations Directive (Disclosure and Transparency Rules) Instrument 2006(1) made on 21st December 2006 by the Financial Services Authority under sections 73A, 89A to 89E, 101 and 157(1) of the Financial Services and Markets Act 2000(2).

(1)

FSA 2006/70. The Order is available on the Financial Services Authority’s website at www.fsa.gov.uk/Pages/handbook.

(2)

2000 c.8. Section 73A was inserted by S.I. 2005/381, Schedule 1, paragraph 2, and amended by S.I. 2005/1433, Schedule 1, paragraph 1, and by paragraphs 1 and 3 of Part 1 of Schedule 15 to the Companies Act 2006. Sections 89A to 89E were inserted by section 1266(1) of the Companies Act 2006. Section 101 was amended by S.I. 2005/381, Schedule 1, paragraph 10.