Companies Act 1989

Valid from 25/03/1991

Other exchanges and clearing housesU.K.

170 Certain overseas exchanges and clearing houses.U.K.

(1)The Secretary of State may by regulations provide that this Part applies in relation to contracts connected with an overseas investment exchange or clearing house which is approved by him in accordance with such procedures as may be specified in the regulations, as satisfying such requirements as may be so specified, as it applies in relation to contracts connected with a recognised investment exchange or clearing house.

(2)The Secretary of State shall not approve an overseas investment exchange or clearing house unless he is satisfied—

(a)that the rules and practices of the body, together with the law of the country in which the body’s head office is situated, provide adequate procedures for dealing with the default of persons party to contracts connected with the body, and

(b)that it is otherwise appropriate to approve the body.

(3)The reference in subsection (2)(a) to default is to a person being unable to meet his obligations.

(4)The regulations may apply in relation to the approval of a body under this section such of the provisions of the Financial Services Act 1986 as the Secretary of State considers appropriate.

(5)The Secretary of State may make regulations which, in relation to a body which is so approved—

(a)apply such of the provisions of the Financial Services Act 1986 as the Secretary of State considers appropriate, and

(b)provide that the provisions of this Part apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient;

and different provision may be made with respect to different bodies or descriptions of body.

(6)Where the regulations apply any provisions of the Financial Services Act 1986, they may provide that those provisions apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient.

171 Certain money market institutions.U.K.

(1)The Secretary of State may by regulations provide that this Part applies to contracts of any specified description in relation to which settlement arrangements are provided by a person for the time being included in a list maintained by the Bank of England for the purposes of this section, as it applies to contracts connected with a recognised investment exchange or recognised clearing house.

(2)The Secretary of State shall not make any such regulations unless he is satisfied, having regard to the extent to which the contracts in question—

(a)involve, or are likely to involve, investments falling within paragraph 2 of Schedule 5 to the Financial Services Act 1986 (money market investments), or

(b)are otherwise of a kind dealt in by persons supervised by the Bank of England,

that it is appropriate that the arrangements should be subject to the supervision of the Bank of England.

(3)The approval of the Treasury is required for—

(a)the conditions imposed by the Bank of England for admission to the list maintained by it for the purposes of this section, and

(b)the arrangements for a person’s admission to and removal from the list;

and any regulations made under this section shall cease to have effect if the approval of the Treasury is withdrawn, but without prejudice to their having effect again if approval is given for fresh conditions or arrangements.

(4)The Bank of England shall publish the list as for the time being in force and provide a certified copy of it at the request of any person wishing to refer to it in legal proceedings.

A certified copy shall be evidence (in Scotland, sufficient evidence) of the contents of the list; and a copy purporting to be certified by or on behalf of the Bank shall be deemed to have been duly certified unless the contrary is shown.

(5)Regulations under this section may, in relation to a person included in the list—

(a)apply, with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient, such of the provisions of the M1Financial Services Act 1986 as he considers appropriate, and

(b)provide that the provisions of this Part apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient.

(6)Before making any regulations under this section, the Secretary of State shall consult the Treasury and the Bank of England.

(7)In section 84(1) of the M2Banking Act 1987 (disclosure of information obtained under that Act), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made, at the end add—

172 Settlement arrangements provided by the Bank of England.U.K.

(1)The Secretary of State may by regulations provide that this Part applies to contracts of any specified description in relation to which settlement arrangements are provided by the Bank of England, as it applies to contracts connected with a recognised investment exchange or recognised clearing house.

(2)Regulations under this section may provide that the provisions of this Part apply with such exceptions, additions and adaptations as appear to the Secretary of State to be necessary or expedient.

(3)Before making any regulations under this section, the Secretary of State shall consult the Treasury and the Bank of England.