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The Financial Services Act 1986 (Delegation) Order 1987

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Article 3

SCHEDULE 1FUNCTIONS SPECIFIED IN SECTION 114(4) OF THE ACT WHICH ARE NOT TRANSFERRED BY THE ORDER

1.  All functions under sections 28, 29, 33, 34, 60, 61, 97, 98, 99, 100 and 101 of the Act in any case in which those functions are exercisable by virtue of a contravention of a partial restriction notice as respects investment business as described in section 184(4) of the Act.

2.  The function of giving a direction under section 33(1)(a) of the Act in respect of a regulated insurance company.

3.  All functions under sections 37, 39 and 40 of the Act with respect to a body or association of the kind described in section 40(1).

4.  All functions under sections 41 and 104 of the Act with respect to an overseas investment exchange or overseas clearing house.

5.  All functions under section 53 of the Act.

6.  The function of giving a direction under section 59 of the Act and associated functions where the direction would have the effect of prohibiting the employment of an individual in connection with investment business carried on in connection with or for the purpose of insurance business at Lloyd's, being employment by any person who is an exempted person as respects such business.

7.  All functions under sections 60 and 61(1) of the Act in any case in which those functions are exercisable by virtue of a contravention of a direction of the kind described in paragraph 6 of this Schedule.

8.  All functions under section 61(1) of the Act with respect to a person who is an exempted person by virtue of section 42 of the Act in any case in which the contravention or proposed contravention arises or is likely to arise in the course of investment business as respects which the person is exempt.

9.  All functions under section 61 of the Act in relation to a contravention or proposed contravention of section 130 of the Act.

10.  All functions under section 61(3) of the Act in relation to a contravention of a provision referred to in section 61(1)(a)(ii) or (iii) by a person who neither is, nor ever has been, an authorised person or an appointed representative.

11.  All functions under section 73 of the Act.

12.  All functions under Chapter VIII of Part I of the Act.

13.  All functions under sections 97, 98, 99, 100 and 101 of the Act in any case in which those functions are exercisable by virtue of the exercise of any function under section 59 or 60 of the Act which, by virtue of paragraph 6 or 7 of this Schedule, is not transferred.

14.  All functions under section 112 of the Act with respect to fees in respect of—

(a)applications under sections 37(1) or 39(1) of the Act by a body or association of the kind described in section 40(1);

(b)applications under section 77 or 88 of the Act, and

(c)notices under section 86(2) or 87(3) of the Act.

15.  All functions under section 113 of the Act with respect to periodical fees in respect of—

(a)overseas investment exchanges or overseas clearing houses, and

(b)managers of authorised unit trust schemes and operators of recognised schemes, but only in so far as those functions are exercisable by virtue of section 113(8) of the Act.

16.  The function of revoking a recognition order in respect of a recognised self-regulating organisation whose members include or may include regulated insurance companies on the ground that the requirement specified in paragraph 3(1) of Schedule 10 to the Act is not satisfied.

17.  The function of revoking a recognition order in respect of a recognised self-regulating organisation whose members include or may include regulated insurance companies on the ground that the organisation has contravened sub-paragraphs (3) or (4) of paragraph 6 of Schedule 10 to the Act as applied by sub-paragraph (5) of that paragraph.

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