PART 9 AMENDMENTS TO SECONDARY LEGISLATION

The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 (S.I. 1998/1831)

576 Definition of “investment manager”
In regulation 4 of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 (definition of “investment manager”), for paragraphs (2) to (4) substitute—

“2 A person is an investment manager if—
(a) he has permission under Part 4 of the Financial Services and Markets Act 2000 to manage investments and may lawfully manage the assets of occupational pension schemes;
(b) he is an EEA firm of the kind mentioned in sub-paragraph (a), (b) or (c) of paragraph 5 of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to manage investments and may lawfully manage the assets of occupational pension schemes; or
(c) he is a person—
(i) who does not carry on regulated activities (within the meaning of that Act) from a permanent place of business maintained by him in the United Kingdom;
(ii) whose head office is situated in an EEA State (within the meaning of that Act) other than the United Kingdom;
(iii) who is recognised by the law of that EEA State as a national of that or another EEA State;
(iv) who is authorised under that law to carry on one or more regulated activities (within the meaning of that Act); and
(v) who is not prevented by that law from managing the assets of occupational pension schemes or assets belonging to another person.”

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