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The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 No. 325

  1. Introductory Text

  2. PART 1 General Provisions

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 Amendments of the Financial Services and Markets Act 2000

    1. 3.Introductory provision

    2. 4.Persons authorised as a result of Schedule 5

    3. 5.Open-ended investment companies

    4. 6.Meaning of “UCITS”

    5. 7.Other definitions for Part 17

    6. 8.Authorisation orders: unit trust schemes

    7. 9.Certificates: unit trust schemes

    8. 10.Proposal to convert to a non-feeder UCITS: unit trust schemes

    9. 11.Requests for revocation of authorisation order: unit trust schemes

    10. 12.Directions: unit trust schemes

    11. 13.Winding up or merger of master UCITS: unit trust schemes

    12. 14.Information for home state regulator: unit trust schemes

    13. 15.Information for feeder UCITS: unit trust schemes

    14. 16.Authorisation orders: contractual schemes

    15. 17.Authorisation orders: holding of units

    16. 18.Certificates: contractual schemes

    17. 19.Proposal to convert to a non-feeder UCITS: contractual schemes

    18. 20.Requests for revocation of authorisation order: contractual schemes

    19. 21.Directions: contractual schemes

    20. 22.Winding up or merger of master UCITS: contractual schemes

    21. 23.Information for home state regulator: contractual schemes

    22. 24.Information for feeder UCITS: contractual schemes

    23. 25.Schemes constituted in other EEA States

    24. 26.Individually recognised overseas schemes

    25. 27.Master-feeder structures

    26. 28.Reports on derivative instruments

    27. 29.FCA’s and PRA’s procedures

    28. 30.Definitions

    29. 31.Expressions relating to authorisation elsewhere in the single market

    30. 32.Persons concerned in collective investment schemes

  4. PART 3 Amendments of the Undertakings for Collective Investment in Transferable Securities Regulations 2011

    1. 33.Introductory provision

    2. 34.Interpretation of Part 4 (mergers)

    3. 35.Reconstruction or amalgamation

    4. 36.Application for authorisation

    5. 37.Modification of information

    6. 38.Report by depositary or auditor

    7. 39.Right of redemption

    8. 40.Consequences of a merger

    9. 41.Division of a master UCITS

    10. 42.Depositary liability: general provisions

    11. 43.Depositary liability for loss of financial instruments held in custody

    12. 44.Depositary liability for other losses

    13. 45.Omission of Part 5B

    14. 46.Amendment of regulation 16

    15. 47.Transfer of UCITS directive functions

  5. PART 4 Other amendments of subordinate legislation

    1. 48.Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

    2. 49.Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

    3. 50.Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001

    4. 51.Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001

    5. 52.Open-Ended Investment Companies Regulations 2001

    6. 53.Financial Services and Markets Act 2000 (Collective Investment Schemes Constituted in Other EEA States) Regulations 2001

    7. 54.Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001

    8. 55.Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001

    9. 56.Financial Services (Distance Marketing) Regulations 2004

    10. 57.Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

    11. 58.Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019

  6. PART 5 Amendment of EU Regulations and Decisions

    1. 59.Commission Regulation (EU) 2010/583

    2. 60.Commission Delegated Regulation (EU) 2016/438

  7. PART 6 Temporary recognition for purposes of Part 17 of the 2000 Act

    1. 61.Interpretation of this Part

    2. 62.Temporary recognition for EEA UCITS or sub-fund of EEA UCITS

    3. 63.The appropriate conditions

    4. 64.Notification to the FCA

    5. 65.Duty to provide further information

    6. 66.Other duties of operator

    7. 67.Power to extend the period specified in regulation 62(3)(d)

    8. 68.Applications under section 272 of the 2000 Act

    9. 69.Directions given by FCA

    10. 70.Application of repealed or amended provisions

    11. 71.Directions

  8. PART 7 Temporary authorisation in connection with temporary recognition

    1. 72.Temporary authorisation of operator, trustee or depositary of recognised scheme

  9. PART 8 Saving relating to certain EEA firms

    1. 73.Saving for certain EEA firms with temporary Part 4A permission

  10. Signature

  11. Explanatory Note

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