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Open-Ended Investment Companies Regulations (Northern Ireland) 2004

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6.—(1) All the provisions of the 1986 Order referred to in paragraph 5 have effect with such modifications as are necessary or appropriate for the purposes of this Schedule.

(2) In particular, any reference in those provisions to a Case 1 Scheme, a Case 2 Scheme or a Case 3 Scheme is to be taken to be a reference to a scheme falling within head (a), (b) or (c) of paragraph 4(1).

(3) Without prejudice to the generality of sub-paragraph (1), the following references in those provisions have effect as follows, unless the context otherwise requires –

(a)any reference to a scheme is to be taken to be a reference to a scheme falling within any of heads (a) to (c) of paragraph 4(1);

(b)any reference to a company is to be taken to be a reference to an open-ended investment company;

(c)any reference to members is to be taken to be a reference to shareholders of an open-ended investment company;

(d)any reference to the registered office of a company is to be taken to be a reference to the head office of an open-ended investment company;

(e)any reference to the memorandum and articles of a company is to be taken to be a reference to the instrument of incorporation of an open-ended investment company;

(f)any reference to a report under Article 113(1) of the 1986 Order (non-cash consideration to be valued before allotment) is to be taken to be a reference to any report with respect to the valuation of any non-cash consideration given for shares in an open-ended investment company which may be required by FSA rules;

(g)any reference to annual accounts is to be taken to be a reference to the accounts contained in the annual report of an open-ended investment company;

(h)any reference to a directors' report, in relation to a company’s annual accounts, is to be taken to be a reference to any report of the directors of an open-ended investment company that is contained in the company’s annual report;

(i)any reference to the requirements of the 1986 Order as to balance sheets forming part of a company’s annual accounts is to be taken to be a reference to any requirements arising by virtue of FSA rules as to balance sheets drawn up for the purposes of the accounts contained in the annual report of an open-ended investment company;

(j)any reference to paid up capital is to be taken to be reference to the share capital of an open-ended investment company.

(1)

Article 113 was amended by Article 381 of, and paragraph 5 of Part I of Schedule 9 to, the Insolvency (Northern Ireland) Order 1989

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