Financial Services Act 1986 (Repealed)

142 Official listing.U.K.

(1)No investment to which this section applies shall be admitted to the Official List F1. . . except in accordance with the provisions of this Part of this Act.

(2)Subject to subsections (3) and (4) below, this section applies to any investment falling within paragraph 1, 2, 4 or 5 of Schedule 1 to this Act.

(3)In the application of those paragraphs for the purposes of subsection (2) above—

(a)paragraphs 1, 4 and 5 shall have effect as if paragraph 1 did not contain the exclusion relating to building societies, industrial and provident societies or credit unions;

(b)paragraph 2 shall have effect as if it included any instrument falling within paragraph 3 issued otherwise than by the government of a member State or a local authority in a member State; and

(c)paragraphs 4 and 5 shall have effect as if they referred only to investments falling within paragraph 1.

(4)The Secretary of State may by order direct that this section shall apply also to investments falling within paragraph 6 of Schedule 1 to this Act or to such investments of any class or description.

(5)An order under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this Part of this Act “the competent authority” means, subject to section 157 below, [F2The Financial Services Authority]; and that authority may make rules (in this Act referred to as “listing rules”) for the purposes of any of the following provisions.

(7)In this Part of this Act—

[F3“approved exchange" means, in relation to dealings in securities, a recognised investment exchange approved by the Treasury for the purposes of the Public Offers of Securities Regulations 1995 either generally or in relation to such dealings;]

• “issuer”, in relation to any securities, means the person by whom they have been or are to be issued except that in relation to a certificate or other instrument falling within paragraph 5 of Schedule 1 to this Act it means the person who issued or is to issue the securities to which the certificate or instrument relates;

• [F4 “the Official List”means the list maintained by the competent authority for the purposes of this Part of this Act]

• “securities” means investments to which this section applies;

and references to listing are references to inclusion in the Official List in pursuance of this Part of this Act.

[F5(7A)For the purposes of this Part of this Act—

(a)a person offers securities if, as principal—

(i)he makes an offer which, if accepted, would give rise to a contract for their issue or sale (which for this purpose includes any disposal for valuable consideration) by him or by another person with whom he has made arrangements for their issue or sale; or

(ii)he invites a person to make such an offer,

but not otherwise; and, except where the context otherwise requires, “offer" and “offeror" shall be construed accordingly; and

(b)whether a person offers securities to the public in the United Kingdom shall be determined in accordance with Schedule 11A to this Act.]

[F6(8)Any functions of the competent authority under this Part of this Act may be exercised by its governing body or by any committee or sub-committee of that body or by any officer or servant of the authority except that listing rules—

(a)shall be made only by the governing body of the authority or by a committee or sub-committee of that body; and

(b)if made by a committee or sub-committee, shall cease to have effect at the end of the period of twenty-eight days beginning with the day on which they are made (but without prejudice to anything done under them) unless before the end of that period they are confirmed by the governing body of the authority.]

(9)Nothing in this Part of this Act affects the powers of [F7the competent authority] in respect of investments to which this section does not apply and such investments may be admitted to the Official List otherwise than in accordance with this Part of this Act.