Financial Services and Markets Act 2000

F1...U.K.

278 Rules as to scheme particulars.U.K.

The [F2FCA] may make rules imposing duties or liabilities on the operator of a scheme recognised under section F3... 272 for purposes corresponding to those for which rules may be made under section 248 in relation to authorised unit trust schemes.

279 Revocation of recognition.U.K.

The [F2FCA] may F4... revoke an order under section 272 if it appears to the [F2FCA]—

(a)that the operator, trustee or depositary of the scheme has contravened a requirement imposed on him by or under this Act;

(b)that the operator, trustee or depositary of the scheme has, in purported compliance with any such requirement, knowingly or recklessly given the [F2FCA] information which is false or misleading in a material particular;

(c)F5... that one or more of the requirements for the making of the order are no longer satisfied; or

(d)that none of paragraphs (a) to (c) applies, but it is undesirable in the interests of the participants or potential participants that the scheme should continue to be recognised.

280 Procedure.U.K.

(1)If the [F2FCA] proposes to [F6make an order under section 279] revoking a recognition order, it must give a warning notice to the operator and (if any) the trustee or depositary of the scheme.

(2)If the [F2FCA] decides to F7... make an order under that section—

(a)it must without delay give a decision notice to the operator and (if any) the trustee or depositary of the scheme; and

(b)the operator or the trustee or depositary may refer the matter to the Tribunal.

281 Directions.U.K.

(1)In this section a “relevant recognised scheme” means a scheme recognised under section F8... 272.

(2)If it appears to the [F2FCA] that—

(a)the operator, trustee or depositary of a relevant recognised scheme has contravened, or is likely to contravene, a requirement imposed on him by or under this Act,

(b)the operator, trustee or depositary of such a scheme has, in purported compliance with any such requirement, knowingly or recklessly given the [F2FCA] information which is false or misleading in a material particular,

(c)one or more of the requirements for the recognition of [F9such a scheme] are no longer satisfied, or

(d)none of paragraphs (a) to (c) applies, but the exercise of the power conferred by this section is desirable in order to protect the interests of participants or potential participants in a relevant recognised scheme who are in the United Kingdom,

it may direct that the scheme is not to be a recognised scheme for a specified period or until the occurrence of a specified event or until specified conditions are complied with.

282 Procedure on giving directions under section 281 and varying them otherwise than as requested.U.K.

(1)A direction takes effect—

(a)immediately, if the notice given under subsection (3) states that that is the case;

(b)on such date as may be specified in the notice; or

(c)if no date is specified in the notice, when the matter to which it relates is no longer open to review.

(2)A direction may be expressed to take effect immediately (or on a specified date) only if the [F2FCA], having regard to the ground on which it is exercising its power under section 281, considers that it is necessary for the direction to take effect immediately (or on that date).

(3)If the [F2FCA] proposes to give a direction under section 281, or gives such a direction with immediate effect, it must give separate written notice to the operator and (if any) the trustee or depositary of the scheme concerned.

(4)The notice must—

(a)give details of the direction;

(b)inform the person to whom it is given of when the direction takes effect;

(c)state the [F2FCA's] reasons for giving the direction and for its determination as to when the direction takes effect;

(d)inform the person to whom it is given that he may make representations to the [F2FCA] within such period as may be specified in it (whether or not he has referred the matter to the Tribunal); and

(e)inform him of his right to refer the matter to the Tribunal.

(5)The [F2FCA] may extend the period allowed under the notice for making representations.

(6)If, having considered any representations made by a person to whom the notice was given, the [F2FCA] decides—

(a)to give the direction in the way proposed, or

(b)if it has been given, not to revoke the direction,

it must give separate written notice to the operator and (if any) the trustee or depositary of the scheme concerned.

(7)If, having considered any representations made by a person to whom the notice was given, the [F2FCA] decides—

(a)not to give the direction in the way proposed,

(b)to give the direction in a way other than that proposed, or

(c)to revoke a direction which has effect,

it must give separate written notice to the operator and (if any) the trustee or depositary of the scheme concerned.

(8)A notice given under subsection (6) must inform the person to whom it is given of his right to refer the matter to the Tribunal.

(9)A notice under subsection (7)(b) must comply with subsection (4).

(10)If a notice informs a person of his right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference.

(11)This section applies to the variation of a direction on the [F2FCA's] own initiative as it applies to the giving of a direction.

(12)For the purposes of subsection (1)(c), whether a matter is open to review is to be determined in accordance with section 391(8).

[F10282AObligations on operator where recognition is revoked or suspendedU.K.

(1)This section applies where—

(a)the FCA gives a decision notice under section 280(2) in relation to a scheme recognised under section 272, or

(b)a direction given by the FCA under section 281(2) in relation to such a scheme takes effect.

(2)The operator of the scheme must notify such persons as the FCA may direct that the FCA has revoked an order under section 272 for recognition of the scheme or given a direction under section 281 in relation to the scheme (as applicable).

(3)A notification under subsection (2) that relates to a direction under section 281 must set out the terms of the direction.

(4)A notification under subsection (2) must—

(a)contain such information as the FCA may direct, and

(b)be made in such form and manner as the FCA may direct.

(5)Different directions may be given under subsection (2) or (4) in relation to—

(a)different schemes or different descriptions of schemes;

(b)different persons or descriptions of persons to whom a notification under subsection (2) must be given.

282BPublic censureU.K.

(1)This section applies where the FCA considers that—

(a)rules made under section 278 have been contravened,

(b)the operator of a scheme recognised under section 272 has contravened section 277, 277A or 282A, or

(c)the operator of a scheme recognised under section 272 has contravened a rule made, or a requirement imposed, under section 283.

(2)The FCA may publish a statement to that effect.

(3)Where the FCA proposes to publish a statement under subsection (2) in relation to a scheme or the operator of a scheme, it must give the operator a warning notice setting out the terms of the statement.

(4)If the FCA decides to publish the statement—

(a)it must give the operator, without delay, a decision notice setting out the terms of the statement, and

(b)the operator may refer the matter to the Tribunal.

(5)After a statement under subsection (2) is published, the FCA must send a copy of it to the operator and to any person to whom a copy of the decision notice was given under section 393(4).

282CRecognition of parts of schemes under section 272U.K.

(1)Section 272(1) applies in relation to a part of a collective investment scheme as it applies in relation to such a scheme.

(2)Accordingly, the following include a part of a scheme recognised under section 272—

(a)the reference to a scheme recognised under section 272 in the definition of “recognised scheme” in section 237(3), and

(b)other references to such a scheme (however expressed) in or in provision made under this Part of this Act (unless the contrary intention appears).

(3)Provisions of or made under this Part of this Act have effect in relation to parts of schemes recognised, or seeking recognition, under section 272 with appropriate modifications.

(4)The Treasury may by regulations—

(a)make provision about what are, or are not, appropriate modifications for the purposes of subsection (3);

(b)make provision so that a relevant enactment has effect in relation to parts of schemes recognised, or seeking recognition, under section 272 with such modifications as the Treasury consider appropriate;

(c)make provision so that a relevant enactment does not have effect in relation to such parts of schemes.

(5)Regulations under subsection (4)(b) or (c) may amend, repeal or revoke an enactment.

(6)In this section—

• “enactment” has the same meaning as in section 271E;

• “relevant enactment” means an enactment passed or made before the day on which subsection (1) comes into force that makes provision in relation to collective investment schemes recognised, or seeking recognition, under section 272.]