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40. (1) For the purpose of determining whether a breach of the duty imposed by regulation 9 has occurred, it is immaterial that the relevant acts or omissions occurred outside the United Kingdom if, when they occurred, the person—
(a)was a United Kingdom national, or
(b)was a body incorporated under the law of any part of the United Kingdom, or
(c)was a person (other than a United Kingdom national or such a body) maintaining a place of business in the United Kingdom.
(2) In this regulation “United Kingdom national” means an individual who is—
(a)a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;
(b)a person who under the British Nationality Act 1981(1) is a British subject; or
(c)a British protected person (within the meaning of that Act).
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