Amendment of article 1 of the 1979 Order
3.—(1) In article 1(2) (Interpretation), there is inserted, in the appropriate alphabetical position—
““the 2000 Act” means the Financial Services and Markets Act 2000(1);”;
““administration of justice offence” means—
or any offence committed under the law of any part of the United Kingdom (other than Northern Ireland) or of any other country where the conduct which constitutes the offence would, if it all took place in Northern Ireland, constitute one or more of the offences specified by paragraph (a) to (c);”;
““associate”, in relation to a person (“A”), means someone who is a controller, director or a manager of A or, where A is a partnership, any partner of A;”;
““collective investment scheme” has the meaning given by section 235 of the 2000 Act;”;
““the competent authority for listing” means the competent authority for the purposes of Part VI of the 2000 Act (listing);”;
““controller” has the meaning given by section 422 of the 2000 Act;”;
““Council of Lloyd's” means the council constituted by section 3 of Lloyd’s Act 1982(4);”
““director” has the meaning given by section 417 of the 2000 Act;”;
““key worker”, in relation to any body (“A”) means any individual who is likely, in the course of the duties of his office or employment—
where A is the Authority, to play a significant role in the decision making process of the Authority in relation to the exercise of the Authority’s public functions (within the meaning of section 349(5) of the 2000 Act) under any provision of the 2000 Act other than Part VI, or to support directly such a person;
where A is the competent authority for listing, to play a significant role in the decision making process of the competent authority for listing in relation to the exercise of its functions under Part VI of the 2000 Act, or to support directly such a person;”;
““manager” has the meaning given by section 423 of the 2000 Act;”;
““open-ended investment company” has the meaning given by section 236 of the 2000 Act;”;
““Part IV permission” has the meaning given by section 40(4) of the 2000 Act;”;
““relevant collective investment scheme” means a collective investment scheme which is recognised under section 264 (schemes constituted in other EEA States), 270 (schemes authorised in designated countries or territories) or 272 (individually recognised overseas schemes) of the 2000 Act;”;
““trustee”, in relation to a unit trust scheme, has the meaning given by section 237 of the 2000 Act;”;
““UK recognised clearing house” means a clearing house in relation to which a recognition order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas clearing houses), is in force;”;
““UK recognised investment exchange” means an investment exchange in relation to which a recognised order under section 290 of the 2000 Act, otherwise than by virtue of section 292(2) of that Act (overseas investment exchanges), is in force;”.
(2) In the definition of “relevant offence”—
(a)there is omitted the word “or” at the end of sub-paragraph (a);
(b)in sub-paragraph (b), after “financial services,”, there is inserted “money laundering,”; and
(c)at the end of sub-paragraph (b), there is inserted—
“(c)an administration of justice offence; or
(d)an offence committed (whether or not under the law of, or of any part of, the United Kingdom) in connection with, or in relation to, taxation for which a person of 21 years of age or over may be sentenced to imprisonment for a term of 2 years or more;”.
(3) The definition of “the Building Societies Commission” and the words from “the expressions “authorisation”” to the end of paragraph (1) are omitted.
S.I. 1996/3160 (N.I. 24); amended by the Criminal Evidence (N.I.) Order 1999. Schedule 1 paragraph 5(1); this amendment had not been brought into force at the time this order was made
S.I. 1979/1714 (N.I. 19); Article 12 repealed in part by the Schedule to the Criminal Attempts and Conspiracy (N.I.) Order 1983 (S.I. 1983/1120 (N.I. 13))