The Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001

Interpretation: general

2.—(1) In this Order—

“the Act” means the Financial Services and Markets Act 2000;

“authorised unit trust scheme” has the meaning given by section 237 of the Act;

“close relative”, in relation to a person means—

(a)

his spouse;

(b)

his children and step-children, his parents and step-parents, his brothers and sisters and his step-brothers and step-sisters; and

(c)

the spouse of any person within sub-paragraph (b);

“overseas scheme” means an unregulated scheme which is operated and managed in a country or territory outside the United Kingdom;

“publication” means—

(a)

a newspaper, journal, magazine or other periodical publication;

(b)

a web site;

(c)

any programme forming part of a service consisting of the broadcast or transmission of television or radio programmes; and

(d)

any teletext service, that is to say a service consisting of television transmissions consisting of a succession of visual displays (with or without accompanying sound) capable of being selected and held for separate viewing or other use;

“qualifying contract of insurance” has the meaning given in the Regulated Activities Order;

“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(1);

“relevant scheme activities” means—

(i)

the activity specified by article 51 of the Regulated Activities Order; or

(ii)

any activity specified by article 14, 21, 25, 37 or 53 of that Order when carried on in relation to units;

“solicited real time communication” has the meaning given by article 5;

“units” has the meaning given by section 237(2) of the Act;

“unregulated scheme” means a collective investment scheme which is not an authorised unit trust scheme nor a scheme constituted by an authorised open-ended investment company nor a recognised scheme for the purposes of Part XVII of the Act;

“unsolicited real time communication” has the meaning given by article 5.

(2) In this Order, any reference to the “scheme promotion restriction” means the restriction imposed by section 238(1) of the Act.

(1)

S.I. 2001/544.