SCHEDULE 3Excepted contracts

8.—(1) For the purposes of paragraph 7—

(a)“a relevant regulated activity” means an activity of the following kind—

(i)dealing in investments, as principal or as agent;

(ii)arranging deals in investments;

(iii)operating a multilateral trading facility;

(iv)managing investments;

(v)safeguarding and administering investments;

(vi)establishing, operating or winding up a collective investment scheme; and

(b)for these purposes “investment” means—

(i)shares;

(ii)instruments creating or acknowledging indebtedness;

(iii)instruments giving entitlement to investments

(iv)certificates representing securities;

(v)units in a collective investment scheme;

(vi)options;

(vii)futures;

(viii)contracts for differences; and

(ix)rights to or interests in investments.

(2) Paragraph 7 and this paragraph must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act,

but any restriction on or exclusion from the meaning of a regulated activity for the purposes of paragraph 7 which arises from the identity of the person carrying on such activity is to be disregarded.