PART 8MISCELLANEOUS AMENDMENTS TO PRIMARY LEGISLATION

Fair Trading Act 1973 (c. 41)

Exclusions from Part 11 of the Fair Trading Act 1973284

1

Section 118205 of the Fair Trading Act 1973 (trading schemes to which Part XI applies) is amended as follows.

2

In subsection (6), for paragraph (a) substitute—

a

under which the promoter or any of the promoters or participants is to carry on, or to purport to carry on, a relevant regulated activity;

3

After subsection (6) insert—

6A

For the purposes of subsection (6)(a), “relevant regulated activity” means—

a

dealing in investments as principal or agent;

b

arranging deals in investments;

c

managing investments;

d

safeguarding and administering investments;

e

sending dematerialised instructions;

f

establishing etc. a collective investment scheme;

g

advising on investments,

and paragraphs (a) to (g) must be read with section 22 of the Financial Services and Markets Act 2000, any relevant order under that section, and Schedule 2 to that Act.

Restrictions on disclosure of information285

1

Section 133(2) of the Fair Trading Act 1973 (exceptions from general restrictions on disclosure of information obtained under that Act) is amended as follows.

2

In paragraph (a)206, the words “or Chapter XIV of Part I of the Financial Services Act 1986” are repealed.

3

At the end of that paragraph, insert “or Chapter 2 of Part 18 of the Financial Services and Markets Act 2000”.