BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Financial Services and Markets Act 2000 (Financial Promotion and Miscellaneous Amendments) Order 2002
URL: http://www.bailii.org/uk/legis/num_reg/2002/20021310.html

[New search] [Help]



2002 No. 1310

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Financial Promotion and Miscellaneous Amendments) Order 2002

  Made 9th May 2002 
  Laid before Parliament 10th May 2002 
  Coming into force 5th June 2002 

The Treasury, in exercise of the powers conferred upon them by sections 21(5), (6), 22(1), (5), 38, 238(6), (7) and 428(3) of, and paragraph 25 of Schedule 2 to, the Financial Services and Markets Act 2000[1], hereby make the following Order:

Citation and commencement
     1. This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion and Miscellaneous Amendments) Order 2002 and comes into force on 5th June 2002.

Amendments to the Financial Promotion Order
    
2.  - (1) This article amends the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001[2].

    (2) In article 2(1) (interpretation), in the definition of "publication", after "web site", insert "or similar system for the electronic display of information".

    (3) In sub-paragraph (c) of paragraph (2) of article 20 (communications by journalists) - 

    (4) In article 49(2) (high net worth companies, unincorporated associations etc.), for sub-paragraph (a), substitute - 

    (5) In Schedule 3 (markets and exchanges) - 

    (6) In Schedule 4 (takeovers of relevant unlisted companies) - 

Amendments to the Promotion of Collective Investment Schemes Order
     3.  - (1) This article amends the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001[5].

    (2) In article 2(1) (interpretation), in the definition of "publication", after "web site", insert "or similar system for the electronic display of information".

    (3) In article 22(2) (high net worth companies, unincorporated associations etc.), for sub-paragraph (a), substitute - 

Council of Europe Development Bank
     4.  - (1) In article 6(1)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001[6], for sub-paragraph (xx), substitute - 

    (2) For paragraph 21 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001[7], substitute - 


Anne McGuire

Graham Stringer
Two of the Lords Commissioners of Her Majesty's Treasury

9th May 2002



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes a number of miscellaneous amendments to orders made under the Financial Services and Markets Act 2000 ("the Act").

Article 2 amends the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (S.I. 2001/1335). Paragraph (2) amends the definition of "publication" in article 2 so as to include systems for the electronic display of information. Paragraph (3) amends article 20 (communications by journalists). This effect of this amendment is that the financial promotion restriction contained in section 21 of the Act does not apply to any communication the content of which is devised by a person acting in the capacity of a journalist, which is contained in a qualifying publication (within the meaning of that article) and which falls within the remit of the Programme Code of the Independent Television Commission. Paragraph (4) amends article 49 (high net worth companies, unincorporated associations etc.) so that it applies to communications made to a body corporate which is in the same group as an undertaking which is of a high net worth. Paragraph (5) amends Schedule 3 to add a new EEA market (OFEX) to the list in Part II and to make changes consequent on the amalgamation of the Alberta Stock Exchange, the Vancouver Stock Exchange and the Winnipeg Stock Exchange to become the Canadian Venture Exchange. Paragraph (6) makes minor amendments to Schedule 4, which concerns communications connected with, or made at the same time as a takeover offer for a relevant unlisted company.

Article 3 amends the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 (S.I. 2001/1060). Paragraph (2) amends the definition of "publication" in article 2 so as to include systems for the electronic display of information. Paragraph (3) amends article 22 (high net worth companies, unincorporated associations etc.) so that it applies to an undertaking which is in the same group as an undertaking which is of a high net worth.

Article 4 amends the reference to the Council of Europe Resettlement Fund in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544) and the reference to the Council of Europe Resettlement Bank in the Financial Services and Markets Act 2000 (Exemption) Order 2001 (S.I. 2001/1201). This body is now known as the Council of Europe Development Bank.


Notes:

[1] 2000 c. 8.back

[2] S.I. 2001/1335, amended by S.I. 2001/2633, S.I. 2001/3650 and S.I. 2001/3800.back

[3] Section 249A and 249AA inserted by S.I. 1994/1935 and amended by S.I. 1996/189, S.I. 1997/936 and S.I. 2000/1430.back

[4] Article 257A was inserted by SR (N.I.) 1995/128 and amended by SR (N.I.) 1997/500 and SR (N.I.) 2001/153. Article 257AA was inserted by SR (N.I.) 2001/153 and amended by S.I. 2001/3649.back

[5] S.I. 2001/1060; amended by S.I. 2001/2633.back

[6] S.I. 2001/544; amended by S.I. 2001/3544 and S.I. 2002/682.back

[7] S.I. 2001/1201; amended by S.I. 2001/3623.back



ISBN 0 11 042387 9


  Prepared 25 June 2002


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2002/20021310.html