The Collective Investment Schemes (Miscellaneous Amendments) Regulations 2003

Participation of EEA management companies in the compensation scheme

7.  In the Financial Services and Markets Act 2000 (Compensation Scheme: Electing Participants) Regulations 2001(1)—

(a)in regulation 1(2) (interpretation)—

(i)in the definition of “branch”, after paragraph (b), insert—

(c)in relation to a relevant management company, has the meaning given by Article 1.5 of the investor-compensation schemes directive (as applied by Article 5f.2 of the UCITS directive);;

(ii)after the definition of “investor-compensation schemes directive”, insert—

“relevant management company” means an EEA firm falling within paragraph 5(f) of Schedule 3 to the Act which—

(a)

is authorised by its home state regulator to provide services of the kind specified by Article 5.3(a) of the UCITS directive (management of portfolios of investments); and

(b)

is providing those services in the United Kingdom;;

(b)in regulation 2 (persons not to be regarded as relevant persons)—

(i)at the end of paragraph (b), omit “and”; and

(ii)after paragraph (c), insert—

; and

(d)any relevant management company.;

(c)in regulation 3 (persons who may elect to participate), in paragraph (1)(a), after “investment firm”, insert “or relevant management company”;

(d)in regulation 4 (persons in respect of whom inspection under section 224 does not apply)—

(i)at the end of paragraph (b), omit “and”; and

(ii)after paragraph (c), insert—

; and

(d)any relevant management company..

(1)

S.I. 2001/1783; amended by S.I. 2003/1476.