Disclosure of Interests in Shares (Amendment) Regulations (Northern Ireland) 1994

Article 228

9.  In Article 228 (interpretation for Part VII), for paragraph (l) there shall be substituted the following paragraph—

“(l) In this Part—

“associated index”, in relation to a register, means the index kept in relation to that register in pursuance of Article 219(6);

“authorised credit institution” means a credit institution as defined in Article 1 of Council Directive 77/780/EEC(1) which is authorised to carry on the business of a credit institution by a competent authority of a member State other than the United Kingdom;

“authorised insurance undertaking” means an insurance undertaking which has been authorised in accordance with Article 6 or 23 of Council Directive 73/239/EEC(2) or Article 6 or 27 of Council Directive 79/267/EEC(3), or is authorised under the law of a member State to carry on insurance business restricted to re-insurance;

“authorised unit trust scheme” has the same meaning as in Chapter VIII of Part I of the Financial Services Act 1986;

“depositary receipt” means a certificate or other record (whether or not in the form of a document)—

(a)

which is issued by or on behalf of a person who holds shares or who holds evidence of the right to receive shares, or has an interest in shares, in a particular company; and

(b)

which evidences or acknowledges that another person is entitled to rights in relation to those shares or shares of the same kind, which shall include the right to receive such shares (or evidence of the right to receive such shares) from the person mentioned in paragraph (a);

“derivatives” means—

(a)

options to acquire or dispose of shares; and

(b)

rights under a contract falling within paragraph 8 of Schedule 1 to the Financial Services Act 1986 (futures), where the property in question is shares;

“designated agency” has the same meaning as in the Financial Services Act 1986;

“listed company” means a company any of the shares in which are officially listed on a relevant stock exchange and “listed” shall be construed accordingly;

“material interest” shall be construed in accordance with Article 207(2A);

“operator”, in relation to a collective investment scheme, shall be construed in accordance with section 75(8) of the Financial Services Act 1986;

“recognised clearing house”, “recognised professional body”, “recognised scheme”, and “recognised self-regulating organisation” have the same meaning as in the Financial Services Act 1986;

“register of interests in shares” means the register kept in pursuance of Article 219 including that part of the register kept in pursuance of Article 221;

“relevant investment exchange” means an exchange situated or operating in a member State on which derivatives are traded;

“relevant share capital” has the meaning given by Article 206(2);

“relevant stock exchange” means a stock exchange situated or operating in a member State;

“UCITS” has the meaning given by Article 207(8);

“units” has the same meaning as in section 75 of the Financial Services Act.”.

(1)

OJ No. L322, 17.12.77, p. 30, as amended by Council Directive 86/524/EEC (OJ No. L309, 4.11.86, p. 15) and Council Directive 89/646/EEC (OJ No. L386, 30.12.89, p. 1)

(2)

OJ No. L228, 16.8.73, p. 3

(3)

OJ No. L63, 13.3.79, p. 1