The Financial Services and Markets Act 2000 (Commencement No. 1) Order 2001

Article 2

SCHEDULEPROVISIONS COMING INTO FORCE ON 25TH FEBRUARY 2001

PART 1PROVISIONS COMING INTO FORCE FOR ALL PURPOSES

• Section 22 (regulated activities)

• Section 38 (exemption orders)

• Section 41(1) (meaning of “the threshold conditions”)

• Section 79(3) (persons responsible for listing particulars)

• Section 86 (application of Part VI to prospectuses)

• Subsections (4) and (5) of section 87 (approval of prospectuses where no application for listing)

• Section 103 (interpretation of Part VI)

• Section 118(3), (4) and (10) (prescribed markets and qualifying investments)

• Section 132(3) (Financial Services and Markets Tribunal rules)

• Section 134 and 135 (legal assistance scheme)

• Section 137(6) (Tribunal rules: appeals)

• Section 142 (insurance business: regulations supplementing Authority’s rules), except for subsection (5)

• Section 144(4) and (5) (order limiting Authority’s power to make price stabilising rules)

• Section 145(5) (order limiting Authority’s power to make financial promotion rules)

• Section 192(a) (power to provide exemptions from obligation to notify change of control)

• Subsections (6), (8) and (9) of section 215 (rights of compensation scheme in relevant person’s insolvency)

• Sections 235 to 237 (collective investment schemes—interpretation)

• Subsections (1) to (3) of section 239 (single property schemes)

• Section 262 (open-ended investment companies)

• Section 286 (recognition requirements for recognised investment exchanges and clearing houses)

• Section 313 (interpretation of Part XVIII)

• Section 326 (designation of professional bodies)

• Sections 334(1) and (2), 335, 336(1) and (2), 337, 338(1) and (2) and 339 (powers to transfer functions in relation to mutual societies)

• Subsection (5) of section 342 (information given by auditor or actuary to the Authority)

• Subsection (5) of section 343 (information given by auditor or actuary to the Authority: persons with close links)

• Section 351(7) (meaning of “specified enactment” for the purposes of restriction on disclosure of competition information)

• Section 353 (removal of other restrictions on disclosure)

• Subsections (9) to (14) of section 397 (misleading statements and practices: miscellaneous offences)

• Section 409 (Gibraltar)

• Subsections (1) to (3) of section 414 (service of notices)

• Subsections (4) and (5) of section 416 (provisions relating to industrial assurance etc)

• Section 417 (interpretation)

• Section 419 (carrying on regulated activities by way of business)

• Sections 420 to 423 (meaning of parent and subsidiary undertaking etc.)

• Subsections (1) and (2) of section 424 (meaning of expressions relating to insurance)

• Section 425 (meaning of expressions relating to authorisation elsewhere in the single market)(1)

• Sections 426 and 427 (consequential, supplementary and transitional provisions)

• Section 429 (Parliamentary control of statutory instruments)

• Schedule 2 (regulated activities)

• Schedule 9 (non-listing prospectuses), except for paragraph 7

• Schedule 11 (offers of securities)

• Paragraph 6(2) of Schedule 12 (meaning of “commitment” for purposes of insurance business transfer schemes)

• Paragraph 9 of Schedule 13 (Tribunal rules)

PART 2PROVISIONS COMING INTO FORCE FOR THE PURPOSE OF MAKING ORDERS OR REGULATIONS

• Section 20(3) (rights of action for breach of permission)

• Section 21 (restrictions on financial promotion)

• Subsection (1) of section 39 (exemption of appointed representatives)

• Subsections (1) and (3) of section 47 (exercise of Authority’s power in support of overseas regulator)

• Subsections (2) and (3) of section 71 (rights of action for breach of statutory duty)

• Subsection (3) of section 75 (application for listing)

• Section 108 (requirements of applicants for business transfer orders)

• Subsections (3) to (5) of section 150 (rights of action for contravention of rules)

• Subsection (4)(b) of section 168 (appointment of persons to carry out investigations in particular cases)

• Subsection (2) of section 183 (duty of Authority in relation to notice of control)

• Subsection (2) of section 188 (notices of objection to existing control: procedure)

• Subsection (2) of section 202 (rights of action for contravention of requirement imposed under Part XIII)

• Subsection (10) of section 213 (the compensation scheme)

• Subsection (5) of section 214 (provisions of the compensation scheme: general)

• Subsection (4) of section 224 (scheme manager’s power to inspect documents held by Official Receiver etc.)

• Section 238 (restrictions on promotion of collective investment schemes)

• Subsections (1) and (3)(c) of section 264 (recognition of collective investment schemes constituted in other EEA States)

• Section 270 (schemes authorised in designated countries or territories)

• Subsection (2) of section 284 (investigations in relation to collective investment schemes)

• Subsection (6) of section 327 (exemption from the general prohibition for members of the professions)

• Section 349 (exceptions from restrictions on disclosure of confidential information)

• Subsection (1)(b) of section 402 (power of the Authority to institute certain criminal proceedings)

• Section 412 (gaming contracts)

• Section 424(3) (law applicable to a contract of insurance)

• Schedule 3 (EEA passport rights)(1)

• Paragraphs 8 and 9 of Schedule 6 (power to vary threshold conditions)

• Paragraph 19 of Part II of Schedule 19 (specification of enactment for the purposes of restriction on disclosure of competition information)

PART 3PROVISIONS COMING INTO FORCE FOR SPECIFIC PURPOSES

• Sections 31(1)(b) and 37, for the purpose of introducing Schedule 3 (to the extent brought into force by article 2(b) and Part 2 of this Schedule)

• Section 111(2), for the purpose of introducing Part 1 of Schedule 12 (to the extent brought into force by article 2(a) and Part 1 of this Schedule)

• Section 132(1) (the Financial Services and Markets Tribunal), for the purpose of the definition of “the Tribunal”

• Section 132(4), for the purpose of introducing Schedule 13 (to the extent brought into force by article 2(a) and Part 1 of this Schedule)