PART 8MISCELLANEOUS AMENDMENTS TO PRIMARY LEGISLATION

Fair Trading Act 1973 (c. 41)

Exclusions from Part 11 of the Fair Trading Act 1973

284.—(1) Section 118(1) 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 information

285.—(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(2) In paragraph (a)(2), the words “or Chapter XIV of Part I of the Financial Services Act 1986” are repealed.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”.

(1)

Section 118 was substituted by the Trading Schemes Act 1996 (c. 32) s. 1.

(2)

The reference in section 133(2)(a) to the Financial Services Act 1986 was inserted by that Act, Schedule 13, paragraph 1.