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The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019

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PART 8Saving relating to certain EEA firms

Saving for certain EEA firms with temporary Part 4A permission

73.—(1) The amendments of section 243 of the 2000 Act made by regulation 8(1) to (3) do not prevent an authorised unit trust scheme from having as its manager or trustee a qualifying EEA firm, and do not apply to an authorised unit trust scheme whose manager or trustee is a qualifying EEA firm.

(2) The amendments of section 261D of the 2000 Act made by regulation 16(1) to (3) do not prevent an authorised contractual scheme from having as its manager or depositary a qualifying EEA firm, and do not apply to an authorised contractual scheme whose manager or depositary is a qualifying EEA firm.

(3) The amendments of regulation 15 of the Open-Ended Investment Companies Regulations 2001 made by regulation 52(3) and (4) do not prevent an authorised open-ended investment company from having as its depositary or sole director a qualifying EEA firm, and do not apply to an authorised open-ended investment company in relation to a depositary or sole director which is a qualifying EEA firm.

(4) A body corporate is for the purposes of this regulation a “qualifying EEA firm” if and so long as the body is, by virtue of regulation 8 or 11 of the EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018(1), treated as having a Part 4A permission relating to one or more regulated activities and either—

(a)those regulated activities include the regulated activity specified in Article 51ZA(2) or 51ZC of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, or

(b)the body had immediately before exit day, and continues to have, a Part 4A permission to carry on the regulated activity specified in Article 51ZB or 51ZD of that Order.

(2)

Articles 51ZA to 51ZC were substituted for the original Article 51 by S.I. 2013/1773.

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