PART 4Other amendments of subordinate legislation
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975I148
Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979I249
In the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 M3, article 1(2), in the definition of “relevant collective investment scheme” omit “264 (schemes constituted in other EEA States),”.
Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001I450
1
The Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 M4 is amended as follows.
2
In article 3 omit paragraphs (f), (g) and (h) M5.
3
Omit article 5A M6.
4
In article 8—
a
in paragraph (1) M7, for “paragraphs (2) and (7)” substitute “
paragraph (2)
”
.
b
omit paragraph 7 M8.
5
Omit article10A M9.
I36
In article 16(3) M10—
a
after “European venture capital funds” insert “
as it had effect on the day on which the Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 were made
”
;
b
after “European social entrepreneurship funds” insert “
as it had effect on the day on which the Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 were made
”
.
7
Omit article 30.
Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001I551
In the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 M11, in the Schedule—
a
in paragraph 2(1)(c)(i), after “official listing in” insert “
the United Kingdom or
”
;
b
in paragraph 5(2)(a) M12—
i
after “51ZA (managing a” insert “
UK
”
;
ii
after “51ZB (acting as a trustee or depositary of a” insert “
UK
”
.
Open-Ended Investment Companies Regulations 2001I652
1
The Open-Ended Investment Companies Regulations 2001 M13 are amended as follows.
2
3
In regulation 15(6) M15—
a
after “body corporate which” insert “
is incorporated in the UK,
”
;
b
after “managing a” insert “
UK
”
;
4
In regulation 15(8)(a) M16, omit “or another EEA State”.
5
In regulation 17(1) M17, for “enjoy the rights conferred by the UCITS directive” substitute “
be a UCITS
”
.
6
In regulation 19(1)(a)—
a
in paragraph (i), omit “or”;
b
in paragraph (ii) after “Regulations 1989;” insert “
or
”
;
c
after regulation 19(1)(a)(ii), insert—
iii
UK Economic Interest Grouping;
7
8
Omit regulation 29A M20.
9
In regulation 29B M21—
a
in paragraph (1), in sub-paragraph (a), after “made” insert “
by or under any enactment
”
;
b
omit paragraphs (2) and (3).
10
In regulation 33A(4)(b) M22, after “convert into a” insert “
UK
”
.
11
In regulation 33B(2)(b) M23, after “convert into a” insert “
UK
”
.
12
In regulation 70 M24, for “within the meaning of Article 2.1(p) of the UCITS directive” substitute “
to which Part 4 of the Undertakings for Collective Investment in Transferable Securities Regulations 2011 applies
”
.
13
In Schedule 5, in paragraph 4(5A) M25 for “for the purpose of implementing the UCITS directive or any commission directive made under the UCITS directive” substitute “
that are UCITS
”
.
Financial Services and Markets Act 2000 (Collective Investment Schemes Constituted in Other EEA States) Regulations 2001I753
The Financial Services and Markets Act 2000 (Collective Investment Schemes Constituted in Other EEA States) Regulations 2001 M26 are revoked.
Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001I854
In the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 M27 omit article 66.
Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001I955
In the Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001 M28 omit article 42, paragraphs (1), (3) and (4).
Financial Services (Distance Marketing) Regulations 2004I1056
In the Financial Services (Distance Marketing) Regulations 2004 M29, in regulation 4—
a
in paragraph (5)—
i
for the words from “recognised scheme” to “EEA States)” substitute “
relevant recognised scheme
”
;
ii
after “capacity” insert “
, by virtue of regulation 72(2) of the Collective Investment Schemes (Amendment etc.) (EU Exit) Regulation 2019 (“the 2019 Regulations”) (temporary authorisation of operator, trustee or depositary of recognised scheme)
”
;
b
for paragraph (6) substitute—
6
In paragraph (5)—
“operator”, “trustee” and “depositary” have the same meanings as in Part 17 of the 2000 Act (see section 237 of that Act);
“relevant recognised scheme” means a stand-alone scheme or sub-fund (within the meaning of Part 6 of the 2019 Regulations) that is a recognised scheme by virtue of regulation 62 of the 2019 Regulations (temporary recognition for EEA UCITS or sub-fund of EEA UCITS).
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013I1157
In the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013 M30, article 2(1), in the definition of “relevant collective investment scheme” omit “264 (schemes constituted in other EEA States),”.
Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019I1258
In regulation 1 of the Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019, for paragraph (2), substitute—
2
Regulations 1 and 14 of these Regulations come into force on the day after the day on which the Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 are made.
3
The other provisions in these Regulations come into force on exit day.