The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2005

Statutory Instruments

2005 No. 3392

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2005

Made

8th December 2005

Laid before Parliament

8th December 2005

Coming into force

21st December 2005

The Treasury, in exercise of the powers conferred on them by sections 21(5) and (6) and 428(3) of the Financial Services and Markets Act 2000(1), make the following Order:

Citation and commencement

1.  This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2005 and comes into force on 21st December 2005.

Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

2.—(1) The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005(2) is amended as follows.

(2) In article 2(1), in the definition of “close relative”, after “spouse” (in both places) insert “or civil partner”.

(3) In article 20(5)(c), after “spouse” insert “or civil partner”.

(4) In article 60(2)(a)(ii), after “widowers” insert “, civil partners, surviving civil partners”.

Dave Watts

Vernon Coaker

Two of the Lords Commissioners of Her Majesty’s Treasury

8th December 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (S.I. 2005/1529) (the “Financial Promotion Order”). Article 2 of this Order amends the Financial Promotion Order as follows. Paragraph (2) amends article 2(1) so that civil partners are treated in the same way as spouses for the purposes of the definition of “close relative”. Paragraph (3) amends article 20(5)(c) so that a person’s civil partner is treated as a member of his family for the purposes of article 20 (communications by journalists). Paragraph (4) amends article 60(2)(a)(ii) so that civil partners and surviving civil partners of employees or former employees are treated in the same way as spouses, widows and widowers in relation to employee share schemes.

A Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business, charities or voluntary bodies or any public bodies distinct from that of the Civil Partnership Act 2004. A full regulatory impact assessment for civil partnership was published alongside that Act and can be viewed at:

http://www.dti.gov.uk/access/ria/index.htm#equality

(1)

2000 c. 8.

(2)

S.I. 2005/1529.