PART IGENERAL AND INTERPRETATION

Interpretation: general2

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—

    1. a

      his spouse;

    2. b

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

    3. 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—

    1. a

      a newspaper, journal, magazine or other periodical publication;

    2. b

      a web site;

    3. c

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

    4. 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 20012;

  • “relevant scheme activities” means—

    1. i

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

    2. 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.