8.—(1) The Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(1) is amended as follows.
(2) In article 1, in paragraph (2)(2)—
(a)after the definition of “day care” insert—
““depositary”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;”; and
(b)after the definition of “open-ended investment company” insert—
““operator”, in relation to an authorised contractual scheme, has the meaning given in section 237(2) of the 2000 Act;”.
(3) In article 2(e)(3), in the table, after entry 3 insert the following entry—
| “3A | (a) | The operator or depositary of an authorised contractual scheme (within the meaning of section 237(3) of the 2000 Act). | The FCA. |
| (b) | An associate of the person (whether or not an individual) mentioned in sub-paragraph (a).” |
(4) In article 3, after paragraph (d)(vi)(4) insert—
“(via)to refuse to make, or to revoke, an order declaring a contractual scheme to be an authorised contractual scheme under section 261D of the 2000 Act or to refuse to give its approval under section 261Q of the 2000 Act to a proposal to replace the operator or depositary of such a scheme,
(vib)to give a direction under section 261X of the 2000 Act or to vary (or to refuse to vary or revoke) such a direction,”.
S.R. 1979 No. 195. Relevant amendments are noted separately.
Paragraph (2) was amended by S.R. 2001 No. 400 and 2009 No. 303 and S.I. 2013/472.
Paragraph (e) was inserted (as paragraph (g)) by S.R. 2001 No. 400 and amended by S.R. 2003 No. 355 and 2012 No. 318 and S.I. 2013/472 (which substituted the table).
Paragraph (d) was substituted by S.R. 2001 No. 400.