PART VN.I.FINANCIAL MARKETS AND INSOLVENCY

Supplementary provisionsN.I.

Minor definitionsN.I.

111.—(1) In this Part—

  • “administrative receiver” has the meaning given by Article 5(1) of the Insolvency Order;

  • [F1“the Authority” means the Financial Services Authority;]

  • “charge” means any form of security, including a mortgage;

  • Definitions rep. by SI 2001/3649

  • “overseas”, in relation to an investment exchange or clearing house, means having its head office outside the United Kingdom;

  • [F1“recognised clearing house” and “recoginised investment exchange” have the same meaning as in the Financial Services and Markets Act 2000;]

  • Definition rep. by SI 2001/3649

  • [F1“The Stock Exchange” means the London Stock Exchange Limited;]

  • “UK”, in relation to an investment exchange or clearing house, means having its head office in the United Kingdom.

(2) References in this Part to settlement in relation to a market contract are to the discharge of the rights and liabilities of the parties to the contract, whether by performance, compromise or otherwise.

(3) In this Part the expressions “margin” and “cover for margin” have the same meaning.

Para. (4) rep. by SI 2001/3649

(5) For the purposes of this Part a person shall be taken to have notice of a matter if he deliberately failed to make enquiries as to that matter in circumstances in which a reasonable and honest person would have done so.

This does not apply for the purposes of a provision requiring “actual notice”.

(6) References in this Part to the law of insolvency include references to every provision made by or under the Insolvency Order, and in relation to a building society references to insolvency law or to any provision of the Insolvency Order are to that law or provision as modified by the Building Societies Act 1986F2.

F1SI 2001/3649