The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001

(i) effecting or carrying out contracts of long-term insurance of the kind mentioned in sub-paragraph (2)(a)(i), (ii) or (iii) of paragraph 5 above.

The Community Legal Service (Costs) Regulations 2000 (S.I. 2000/441)

Interpretation of regulation 24 of the 2000 Regulations

588

• (1) Regulation 24 of the Community Legal Service (Costs) Regulations 2000 (interest on damages) is amended as follows.

• (2) In paragraph (2) of that regulation for “a bank or building society” substitute “a deposit-taker”.

• (3) In paragraph (6) of that regulation—

• (a) the definitions of “bank” and “building society” are revoked; and

• (b) after the definition of “business day” insert—

• “deposit taker” means the Bank of England, or the branch, situated in England or Wales, of either— a person with permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, or an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits;

• (4) After paragraph (6) of that Regulation insert—

(7) The definition of “deposit taker” in paragraph (6) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 (S.I. 2000/619)

Interpretation of the 2000 Regulations

589

• (1) The National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 are amended as follows.

• (2) In paragraph (1) of regulation 2 (Interpretation) the definition of “insurance company” is revoked, and in the same place insert—

• “insurer” means— a person with permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance, or an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to effect or carry out contracts of long-term insurance;

• (3) After paragraph (2) of regulation 2 insert—

(3) The definition of “insurer” in paragraph (1) above must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

• (4) In regulations 7(2) and 11(1) and (6), and paragraphs 1(1) and 4(8) of Schedule 2 to those Regulations, for “insurance company” substitute “insurer”.

The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 (S.I. 2000/1053)

Interpretation of the 2000 Regulations

590

• (1) In paragraph (2) of regulation 1 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 (Citation, commencement and interpretation), for the definition of “the reference banks”[^f00366] substitute—

• “the reference banks” means the seven largest persons for the time being who— have permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, are incorporated in the United Kingdom and carrying on there the regulated activity of accepting deposits, and quote a base rate in sterling; and for the purpose of this definition the size of a person at any time is to be determined by the gross assets denominated in sterling of that person, together with any subsidiary (as defined in section 736 of the Companies Act 1985), as shown in the end of year accounts last published before that time;

• (2) After paragraph (2) of that regulation insert—

(3) The definition of “the reference banks” in paragraph (2) must be read with— (a) section 22 of the Financial Services and Markets Act; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

Qualifying arrangements

591

• (1) In paragraph (1) of regulation 11 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 (qualifying arrangements), for sub-paragraphs (a) to (c) substitute—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; or (b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance.

• (2) For paragraph (2) of that regulation substitute—

(2) Paragraph (1)(a) and (b) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

The Pension Sharing (Pension Credit Benefit) Regulations 2000 (S.I. 2000/1054)

Interpretation of the 2000 Regulations

592

• (1) In paragraph (2) of regulation 1 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (Citation, commencement and interpretation), for the definition of “the reference banks”[^f00367] substitute—

• “the reference banks” means the seven largest persons for the time being who— have permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits; are incorporated in the United Kingdom and carrying on there a regulated activity of accepting deposits; and quote a base rate in sterling; and for the purpose of this definition the size of a person at any time is to be determined by reference to the gross assets denominated in sterling of that person, together with any subsidiary (as defined in section 736 of the Companies Act 1985), as shown in the audited end of year accounts last published before that time.

• (2) After paragraph (2) of that regulation insert—

(3) The definition of “the reference banks” in paragraph (2) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

Means of assuring pension credit benefit

593

• (1) In paragraph (3) of regulation 5 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (means of assuring pension credit benefit), for sub-paragraphs (a) to (c) substitute—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; or (b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance.

• (2) For paragraph (4) of that regulation substitute—

(4) Paragraph (3)(a) and (b) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

The Pension Sharing (Safeguarded Rights) Regulations 2000 (S.I. 2000/1055)

Insurance companies that may provide safeguarded rights by way of annuities

594

• (1) In regulation 8 of the Pension Sharing (Safeguarded Rights) Regulations 2000 (insurance companies that may provide safeguarded rights by way of annuities), for paragraph (2) substitute—

(2) The insurance company must be— (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; or (b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance.

• (2) In paragraph (4) of that regulation, for the words from the beginning of that paragraph to “as described in paragraph (2)(b),” substitute “Where the annuities are issued by an insurance company which is a friendly society, within the meaning given by section 116 of the Friendly Societies Act 1992,”.

• (3) After that paragraph insert—

(5) Paragraph (2) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

The Stakeholder Pension Schemes Regulations 2000 (S.I. 2000/1403)

Interpretation of the 2000 Regulations: general

595

• (1) In paragraph (3) of regulation 1 of the Stakeholder Pension Schemes Regulations 2000 (Citation, commencement and interpretation)—

• (a) the definition of “insurance company” is revoked, and in the same place insert—

• “insurer” means— a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, or an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance;

; and

• (b) for the definition of “securities” substitute—

• “securities” means investments of the following kinds— shares, instruments creating or acknowledging indebtedness, government and public securities, instruments giving entitlements to investments, certificates representing securities, but does not include shares in a unit trust;

• (2) After paragraph (3) of that regulation insert—

(3A) The definitions of “insurer” and “securities” in paragraph (3) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

• (3) In regulation 8(5) of those Regulations for “insurance company” substitute “insurer”.

• (4) In regulation 15(3) of those Regulations for “insurance company” substitute “insurer”.

Interpretation of regulation 8

596

• (1) In paragraph (4) of regulation 8 of the Stakeholder Pension Schemes Regulations 2000 (Requirement applying to all stakeholder pension schemes as regards investments), for “section 75 of the Financial Services Act 1986” substitute “section 235 of the Financial Services and Markets Act 2000”.

• (2) In paragraph (6) of that regulation—

• (a) for the definition of “contract of insurance”[^f00368] substitute—

• “contract of insurance” means a contract— which, or any part of which, is of one or more of the following kinds— life and annuity, linked long term, pension fund management, and which is carried out by an insurer who has permission, as the case may be, under— Part 4 of the Financial Services and Markets Act 2000, or paragraph 15 of Schedule 3 to that Act, to effect or carry out contracts of insurance of that kind;

• (b) the definition of “deposit” is revoked; and

• (c) for the definition of “reference banks” substitute—

• “reference banks” means the seven largest persons for the time being who— have permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, are incorporated in the United Kingdom and carrying on there a regulated activity of accepting deposits; and quote a base rate applicable to sterling deposits, and for the purpose of this definition the size of a person at any time is to be determined by reference to the gross assets denominated in sterling of that person, together with any subsidiary (as defined in section 736 of the Companies Act 1985), as shown in the audited end of year accounts last published before that time.

• (3) After paragraph (6) of that regulation insert—

(7) References to a “deposit” in this regulation, together with the definitions of “contract of insurance” and “reference banks” in paragraph (6) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

Meaning of “proper advice”

597

• (1) In regulation 10 of the Stakeholder Pension Schemes Regulations 2000 (Requirement for manager of schemes not established under a trust to have regard to certain matters, and to take advice, relating to investment), for sub-paragraph (a) of paragraph (5) substitute—

(a) where the giving of advice constitutes a regulated activity of advising on investments (or would constitute such a regulated activity but for the identity of the person carrying on that activity), advice given by a person who may give that advice without contravening the prohibition imposed by section 19 of the Financial Services and Markets Act 2000;

• (2) After paragraph (5) of that regulation insert—

(5A) Paragraph (5)(a) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

The Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 (S.I. 2000/1410)

Interpretation of the 2000 Regulations: “reference banks”

598

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Iraq (United Nations Sanctions) Order 2000 (S.I. 2000/3241)

Construction of the 2000 Order—“relevant institution”

599

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Iraq (United Nations Sanctions) (Overseas Territories) Order 2000 (S.I. 2000/3242)

Construction of the 2000 Order—“relevant institution”

600

• (1) Article 2 of the Iraq (United Nations Sanctions) (Overseas Territories) Order 2000 (interpretation) is amended as follows.

• (2) The existing text is numbered paragraph (1).

• (3) In paragraph (1), in the definition of “relevant institution”—

• (a) for paragraph (b) substitute—

(b) a person who may lawfully accept deposits in or from within the Territory by way of business;

• (b) for paragraph (c) substitute—

(c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000, which has lawfully established a branch in Gibraltar for the purpose of accepting deposits;

• (4) After paragraph (1) insert—

(2) For the purpose of the definition of “relevant institution” in paragraph (1)— (a) the activity of accepting deposits has the meaning given in any relevant order under section 22 of the Financial Services and Markets Act 2000; and (b) a person is not regarded as accepting deposits by way of business if— (i) he does not hold himself out as accepting deposits on a day to day basis, and (ii) any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities. (3) In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.

The Iraq (United Nations Sanctions) (Isle of Man) Order 2000 (S.I. 2000/3245)

Construction of the 2000 Order—“relevant institution”

601

• (1) Article 2 of the Iraq (United Nations Sanctions) (Isle of Man) Order 2000 (interpretation) is amended as follows.

• (2) The existing text is numbered paragraph (1).

• (3) In paragraph (1), in the definition of “relevant institution” for paragraph (d) substitute—

(d) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000, which has lawfully established a branch in the Isle of Man for the purpose of accepting deposits or other repayable funds from the public;

• (4) After paragraph (1) insert—

(2) For the purpose of paragraph (d) of the definition of “relevant institution” in paragraph (1) the activity of accepting deposits has the meaning given in any relevant order under section 22 of the Financial Services and Markets Act 2000.

The Whole of Government Accounts (Designation of Bodies) Order 2000 (S.I. 2000/3357)

Revocation of reference to Policyholders Protection Board

602

In the Schedule to the Whole of Government Accounts (Designation of Bodies) Order 2000, the words “Policyholders Protection Board” are revoked.

The Terrorism Act 2000 (Crown Servants and Regulators) Regulations 2001 (S.I. 2001/192)

Revocation of references to person no longer performing regulatory functions

603

In regulation 4(1) of the Terrorism Act 2000 (Crown Servants and Regulators) Regulations 2001 (Disapplication of section 19 in relation to persons performing functions of a public nature)—

• (a) sub-paragraphs (b), (c), (d), (f), (g), (i), (j), (k) and (l) are revoked; and

• (b) for sub-paragraph (e) substitute—

(e) a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000;

The Pig Industry Restructuring (Capital Grant) Scheme 2001 (S.I. 2001/251)

Meaning of “bank”

604

• (1) Paragraph 2 of the Pig Industry Restructuring (Capital Grant) Scheme 2001 (interpretation) is amended as follows.

• (2) In sub-paragraph (1), for the definition of “bank” substitute—

• “bank” means— a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits, the National Savings Bank, a municipal bank, that is to say a company which was, immediately before the repeal of the Banking Act 1987, exempted from the prohibition in section 3 of that Act by virtue of section 4(1) of, and paragraph 4 of Schedule 2 to, that Act, or a credit union within the meaning of the Credit Unions Act 1979;

• (3) After sub-paragraph (1) insert—

(1A) The definition of “bank” in sub-paragraph (1) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order made under that section; and (c) Schedule 2 to that Act.

The Pig Industry Restructuring Grant (Non-capital Grant) Scheme 2001 (S.I. 2001/252)

Meaning of “bank”

605

• (1) Paragraph 2 of the Pig Industry Restructuring (Non-Capital Grant) Scheme 2001 (interpretation) is amended as follows.

• (2) In sub-paragraph (1), for the definition of “bank” substitute—

• “bank” means— a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits, the National Savings Bank, a municipal bank, that is to say a company which was, immediately before the repeal of the Banking Act 1987 exempted from the prohibition in section 3 of that Act by virtue of section 4(1) of, and paragraph 4 of Schedule 2 to, that Act, or a credit union within the meaning of the Credit Unions Act 1979;

• (3) After sub-paragraph (1) insert—

(1A) The definition of “bank” in sub-paragraph (1) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order made under that section; and (c) Schedule 2 to that Act.

The Afghanistan (United Nations Sanctions) (Overseas Territories) Order 2001 (S.I. 2001/392)

Construction of the 2001 Order—“relevant institution”

606

• (1) Article 2 of the Afghanistan (United Nations Sanctions) (Overseas Territories) Order 2001 (interpretation) is amended as follows.

• (2) The existing text is numbered paragraph (1).

• (3) In paragraph (1), in the definition of “relevant institution”—

• (a) for paragraph (b) substitute—

(b) a person who may lawfully accept deposits in or from within the Territory by way of business;

• (b) for paragraph (c) substitute—

(c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000, which has lawfully established a branch in Gibraltar for the purpose of accepting deposits;

• (4) After paragraph (1) insert—

(2) For the purpose of the definition of “relevant institution” in paragraph (1)— (a) the activity of accepting deposits has the meaning given in any relevant order under section 22 of the Financial Services and Markets Act 2000; and (b) a person is not regarded as accepting deposits by way of business if— (i) he does not hold himself out as accepting deposits on a day to day basis, and (ii) any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities. (3) In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.

The Afghanistan (United Nations Sanctions) (Isle of Man) Order 2001 (S.I. 2001/394)

Construction of the 2001 Order—“relevant institution”

607

• (1) Article 2 of the Afghanistan (United Nations Sanctions) (Isle of Man) Order 2001 (interpretation) is amended as follows.

• (2) The existing text is numbered paragraph (1).

• (3) In paragraph (1), in the definition of “relevant institution” for paragraph (d) substitute—

(d) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000, which has lawfully established a branch in the Isle of Man for the purpose of accepting deposits or other repayable funds from the public;

• (4) After paragraph (1) insert—

(2) For the purpose of paragraph (d) of the definition of “relevant institution” in paragraph (1) the activity of accepting deposits has the meaning given in any relevant order under section 22 of the Financial Services and Markets Act 2000.

The Afghanistan (United Nations Sanctions) Order 2001 (S.I. 2001/396)

Construction of the 2001 Order—“relevant institution”

608

• (1) Article 2 of the Afghanistan (United Nations Sanctions) Order 2001 (interpretation) is amended as follows.

• (2) The existing text is numbered paragraph (1).

• (3) In paragraph (1), for the definition of “relevant institution” substitute—

• “relevant institution” means— a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits; an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits; or an institution, not falling within paragraph (a), which continues to have a liability in respect of a deposit which was held by it in accordance with the Banking Act 1979 or the Banking Act 1987, but does not include a person of the kind mentioned in paragraph (a) who has permission to accept deposits for the purpose of effecting or carrying out contracts of insurance.

• (4) After paragraph (1) insert—

(2) The definition of “relevant institution” in paragraph (1) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

The Justices' Chief Executives (Accounts) Regulations 2001 (S.I. 2001/463)

Meaning of “bank”

609

• (1) Regulation 6 of the Justices' Chief Executives (Accounts) Regulations 2001 (bank accounts) is amended as follows.

• (2) For paragraph (3) substitute—

(3) In paragraph (1) “bank” means— (a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits; (b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits.

• (3) After paragraph (3) insert—

(3A) But where a person of the kind mentioned in paragraph (3)(a) is a building society within the meaning of the Building Societies Act 1986, it is not a bank for the purposes of paragraph (1) unless it may lawfully provide corporate banking services. (3B) Paragraph (3) must be read with— (a) section 22 of the Financial Services and Markets Act 2000; (b) any relevant order under that section; and (c) Schedule 2 to that Act.

• (4) In paragraph (4), for “subsection (3)(c)” substitute “paragraph (3)(b)”.

The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001 (S.I. 2001/853)

Interpretation of the Trust Deed—meaning of “authorised insurance company”

610

In Appendix 1 to the Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001 (Definitions)[^f00369], for the definition of “Authorised Insurance Company” substitute—

(1) a person with permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of long-term insurance; (2) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of long-term insurance; or (3) any other insurer acceptable for the purposes of section 19 of the Pension Schemes Act 1993: - and for the purposes of this definition “contract of long-term insurance” must be read with— section 22 of the Financial Services and Markets Act 2000; any relevant order made under that section; and Schedule 2 to that Act.

Signed

John Heppell — Tony McNulty — Two of the Lords Commissioners ofHer Majesty’s Treasury — 9th November 2001

Explanatory note

(This Note does not form part of the Order)

This Order sets out the amendments to primary and secondary legislation consequential on the coming into force of the Financial Services and Markets Act 2000 (c. 8) (“FSMA”). The large majority of the amendments are needed as a result of the principal repeals and revocations made by article 3. All references in other legislation to the enactments repealed here, or to expressions used in those enactments, have been amended in the subsequent provisions of the Order so that they refer to the appropriate provision or expression under FSMA.

Part 1 of the Order provides for the Order to come into force on 1st December 2001, the date on which the main provisions of FSMA come into force in accordance with the Financial Services and Markets Act 2000 (Commencement No. 7) Order 2001 (S.I. 2001/3528 (C. 115)). Article 3 repeals the legislation which established the regulatory regimes which are replaced by FSMA.

Part 2 of the Order makes amendments to the Companies Acts and the corresponding Northern Ireland Orders. Part 3 amends enactments relating to pensions and the corresponding Northern Ireland provisions. Parts 4 and 5 amend the Bank of England Act 1998 (c. 11) and the Consumer Credit Act 1974 (c. 39) respectively.

Part 6 amends primary and secondary legislation relating to mutuals societies. Some of these provisions are consequent upon the dissolution of the bodies referred to in Part III of the Financial Services and Markets Act 2000 (Mutual Societies) Order 2001 (S.I. 2001/2617) and the transfer of their functions to the Financial Services Authority. Schedule 3 to that Order made most of the amendments needed as a result of the dissolution of those bodies but further amendments are included here. A small number of the articles in this Part replaces provisions in Schedule 3 to the Mutual Societies Order by amending provisions which are amended by Schedule 3 and revoking the relevant provisions in that Schedule.

Part 7 of the Order amends primary and secondary legislation in Scotland.

Part 8 amends other primary legislation not covered elsewhere in the Order and Part 9 amends secondary legislation. Amendments to enactments dealing with taxation are made by the Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2001 (S.I. 2001/3629) which also comes into effect on 1 December 2001.

Footnotes

[^f00001]: 2000 c. 8.

[^f00002]: 1975 c. 75.

[^f00003]: 1982 c. 50.

[^f00004]: 1986 c. 60.

[^f00005]: 1987 c. 22.

[^f00006]: 1995 c. 29.

[^f00007]: 1997 c. 18.

[^f00008]: S.I. 1992/3218; amended by the Bank of England Act 1998 (c. 11), Schedule 5 and by S.I. 1993/3225; S.I. 1995/1217; S.I. 1995/1442; S.I. 1996/1669; S.I. 1999/2094 and S.I. 2000/2952.

[^f00009]: S.I. 1994/1696.

[^f00010]: S.I. 1995/3275; amended by the Bank of England Act 1998 (c. 11), Schedule 5 and by S.I. 1996/1669 and S.I. 2000/2952.

[^f00011]: Section 23 was substituted by the Companies Act 1989 (c. 40), section 129 and amended by S.I. 1990/1392, article 8; S.I. 1990/1707, article 8; S.I. 1997/2306, regulations 2 and 3.

[^f00012]: Repealed in part by the Financial Services Act 1986 (c. 60), Schedule 17; section 60 was amended by S.I. 1991/2000, regulation 5.

[^f00013]: Amended by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 17.

[^f00014]: Amended by the Financial Services Act 1986 (c. 60), section 194.

[^f00015]: Amended by S.I. 1993/1819, regulation 4; S.I. 1996/2827, Schedule 8, paragraph 5; S.I. 2001/1228, Schedule 7, paragraph 4.

[^f00016]: Substituted by S.I. 1993/1819, regulation 8; subsection (2) amended by S.I. 1993/2689, regulation 3.

[^f00017]: Subsection (1) was substituted by S.I. 1993/1819, regulation 9; relevant amendments were made by S.I. 2000/2952, regulation 2.

[^f00018]: Section 247A was inserted by S.I. 1997/220, regulation 4.

[^f00019]: Section 249AA was inserted by S.I. 2000/1430, regulation 3.

[^f00020]: Substituted for certain purposes by the Companies Act 1989 (c. 40) s.1-23; subsection (1) amended by S.I. 1992/3003, regulation 3.

[^f00021]: Inserted by the Companies Act 1989 (c. 40), section 18(2).

[^f00022]: Amended by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 19.

[^f00023]: Subsection (4) inserted by the Companies Act 1989 (c. 40), Schedule 19, paragraph 8.

[^f00024]: Amended by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 20.

[^f00025]: Subsection (4) was amended by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 21.

[^f00026]: Amended by the Financial Services Act 1986 (c. 60), Schedule 13, paragraph 9 and Schedule 17; the Companies Act 1989 (c. 60), section 65 and Schedule 24; the Friendly Societies Act 1992 (c. 40), Schedule 21, paragraph 7 and Schedule 22; the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 62; S.I. 1992/1315, Schedule 4, paragraph 1; S.I. 1994/1696, Schedule 13, paragraph 9; and S.I. 1995/710, regulation 5.

[^f00027]: Subsection (3) was substituted by the Financial Services Act 1986, and further substituted by the Companies Act 1989, section 65.

[^f00028]: Paragraph (ha) was inserted by the Bank of England Act 1998 (c. 11), section 23(1), Schedule 5, paragraph 62(1),(3), and paragraph (jj) was inserted by the Friendly Societies Act 1992 (c. 40), section 120(2), Schedule 22.

[^f00029]: Subsection (1) was amended by the Companies Act 1989 (c. 40), section 66(1).

[^f00030]: Inserted by the Financial Services Act 1986 (c. 60), Schedule 13, paragraph 10; substituted by the Companies Act 1989 (c. 40), section 68 and amended by S.I. 1994/1696, Schedule 8, paragraph 9.

[^f00031]: Subsection (3) was amended by the Companies Act 1989 (c. 40), section 69(4), and by S.I. 1994/1696, Schedule 8, paragraph 9(4).

[^f00032]: Inserted by the Companies Act 1989 (c. 40), section 127 and amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 16, paragraph 10.

[^f00033]: Relevant amendments made by the Companies Act 1989 (c. 40), Schedule 10, paragraph 16.

[^f00034]: Inserted by the Companies Act 1989 (c. 40), section 145, Schedule 19, paragraph 20.

[^f00035]: Amended by the Financial Services Act 1986 (c. 40), Schedule 16, paragraph 23.

[^f00036]: Schedule 6 was inserted by the Companies Act 1989 (c. 40), Schedule 4, paragraph 3; paragraph 1 of Schedule 6 was substituted by S.I. 1997/570, paragraph 4.

[^f00037]: Substituted by S.I. 1997/220, Schedule 1.

[^f00038]: Part II was inserted by the Companies Act 1989 (c. 40), section 18, Schedule 7.

[^f00039]: Substituted for Parts I and II of Schedule 9, as originally enacted, by S.I. 1993/3246, regulation 4, Schedule 1.

[^f00040]: Note (24) was amended (and the words substituted by this Order inserted) by the Insurance Companies (Reserves) Act 1995, section 3(1), (2).

[^f00041]: Paragraph 50 was substituted by the Insurance Companies (Reserves) Act 1995 (c. 29), section 3(1), (3), and further substituted by S.I. 1996/946, regulation 13.

[^f00042]: Amended by the Financial Services Act 1986 (c. 60), Schedule 16, paragraph 25.

[^f00043]: Amended by the Financial Services Act 1986 (s. 60), section 198; the Criminal Justice (Scotland) Act 1987 (c.), section 55; the Companies Act 1989 (c. 40), section 79; the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.), Schedule 4, paragraph 62.

[^f00044]: Relevant amendments made by the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (NI 5)), Schedule 10, paragraph 2 and the Criminal Justice Act 1993 (c. 36) section 79(13), Schedule 5, paragraph 18(1).

[^f00045]: Inserted by the Companies (No.2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)), Article 78, Schedule 5, paragraph 1.

[^f00046]: Inserted by the Companies (No. 2) (NI) Order 1990 (NI 10), article 62(1).

[^f00047]: Article 10 was substituted by the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5)),, Article 25, Schedule 10, Part I.

[^f00048]: Substituted by the Companies (No. 2) (NI) Order 1990 (NI 10), Article 64(1).

[^f00049]: Amended by the Financial Services Act 1986 (c. 60), Schedule 16 paragraph 32.

[^f00050]: Inserted by the Financial Services Act 1986 (c. 60), Schedule 16 paragraph 32.

[^f00051]: Amended by the Financial Services Act 1986 (c. 60) section 194(6).

[^f00052]: Inserted by SR (NI) 1997/251.

[^f00053]: Paragraphs (6) and (7) inserted by SR (NI) 1994/2.

[^f00054]: Substituted by SR (NI) 1994/2.

[^f00055]: Substituted by SR (NI) 1994/2.

[^f00056]: Article 255A was inserted by SR (N.I.) 1997/436.

[^f00057]: Article 256 was inserted by the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (N.I. 5)), Articles 3(a), 15(3).

[^f00058]: Article 257AA was inserted by SR (N.I.) 2001/154.

[^f00059]: Article 257B was inserted by SR (N.I.) 1995/128.

[^f00060]: Article 259 was inserted by the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (NI 5)), Articles 3(a), 17; paragraph (1) amended by S.R.(N.I.) 1993/220.

[^f00061]: Article 263D was inserted by the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (NI 5)), Articles 3(a), 20(2).

[^f00062]: Amended by the Financial Services Act 1986 (c. 60), Schedule 16 paragraph 34.

[^f00063]: Inserted by the Companies (No. 2) (NI) Order 1990 (NI 10) article 78, Schedule 5.

[^f00064]: Section 439(3) was amended by the Financial Services Act 1986 (c. 60) Schedule 13 paragraph 12(a) and Companies (no. 2) (NI) Order (NI 10), article 113, Schedule 6.

[^f00065]: Inserted by SR (NI) 1992/257.

[^f00066]: Paragraph (3) was substituted by the Financial Services Act 1986 (c. 60), section 182, Schedule 13, paragraph 13, and substituted again by the Companies (No.2) (NI) Order (NI 10), Article 13(1)(6). Sub-paragraph (b) of paragraph (3) was amended by the Companies (No. 2) (NI) Order 1990 (NI 10), Article 78 Schedule 5.

[^f00067]: Paragraph (1) was amended by the Companies (No.2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (NI 10)), Article 14(1)(2).

[^f00068]: Article 444A was substituted by the Companies (No. 2) (NI) Order 1990 (NI 10) Article 16 and has been amended by the Criminal Justice Act 1993 (c. 36) Schedule 5 part II paragraph 20 and S.I. 1994/1696, Schedule 8 paragraph 13(3).

[^f00069]: Paragraph (3) was amended by the Companies (No.2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (NI 10)), and by S.I. 1994/1696, Schedule 8, paragraph 14(4).

[^f00070]: Paragraph (1) was amended by the Companies (No.2) (Northern Ireland) Order 1990 (S.I. 1990/1504 (NI 10)), Articles 78, 113 Schedules 5 and 6, and by S.I. 1994/1696, Schedule 8 paragraph 13(5).

[^f00071]: Paragraph 83 has been amended by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 38.

[^f00072]: Part I of Schedule 6 was inserted by the Companies (NI) Order 1990 (NI 5) Articles 3(b), 8(4) and Schedule 4 and paragraph 1 was substituted by SR (NI) 1997/545.

[^f00073]: Schedule 8 was substituted by SR (NI) 1997/436.

[^f00074]: Part II was inserted by SR (NI) 1992/258, regulation 5, Schedule 1.

[^f00075]: As inserted by the Companies (Northern Ireland) Order 1990 (S.I. 1990/593 (NI 5)), Schedule 7 Part IV.

[^f00076]: Substituted for Parts I and II of Schedule 9, as originally enacted, by S.R. 1992/258.

[^f00077]: Note (24) was amended (and the words substituted by this Order inserted) by the Insurance Companies (Reserves) Act 1995 (c. 29), section 3(1), (2).

[^f00078]: Paragraph 50 was substituted by the Insurance Companies (Reserves) Act 1995 (c. 29), section 3(1), (3), and further substituted by S.I. 1996/946, regulation 13.

[^f00079]: Amended by the Bank of England Act 1998 (c. 11) Schedule 5 paragraph 66(2)(a).

[^f00080]: Amended by the Bank of England Act 1998 (c. 11) Schedule 5 paragraph 66(2)(b)(i).

[^f00081]: The entry relating to the Friendly Societies Commission was inserted by the Friendly Societies Act 1992, Schedule 21 paragraph 11.

[^f00082]: The entry relating to the Treasury was inserted by S.I. 1992/1315, Schedule 4 paragraph 12 and amended by S.I. 1997/2781 Schedule, paragraph 116.

[^f00083]: This entry was amended by S.I. 1994/1696, Schedule 8 paragraph 18.

[^f00084]: The entry relating to the Financial Services Authority was inserted by the Bank of England Act 1998, Schedule 5 paragraph 66(3).

[^f00085]: Amended by S.I. 1991/880 regulation 6(2).

[^f00086]: Inserted by S.I. 1991/880 regulation 6(3).

[^f00087]: The words repealed were substituted by the Bank of England Act 1998 (c. 11), Schedule 5 paragraph 48(2).

[^f00088]: Subsection (6) was substituted by the Bank of England Act 1998 (c. 11), Schedule 5 paragraph 48(3).

[^f00089]: Paragraph (1) of Article 11 was amended by the Criminal Justice Act 1993 (c. 36) Schedule 6 Part II and Companies (No. 2) (NI) Order 1990 (NI 10) Article 26.

[^f00090]: Amended by SR (NI) 1991/443.

[^f00091]: Inserted by SR (NI) 1991/443.

[^f00092]: Section 27A was inserted by the Police and Firemen’s Pensions Act 1997 (c. 52) s. 3.

[^f00093]: Section 11A was inserted by the Judicial Pensions (NI) Order 1991 NI 24 Article 6(1)(c), (2)

[^f00094]: Subsection (7) of section 11A was added by the Judicial Pensions and Retirement Act 1993 (c. 8) Schedule 3 Pt. II paragraph 9.

[^f00095]: Section 127A was inserted by the Judicial Pensions (NI) Order 1991 (NI 24) Article 6(1)(a) and (2).

[^f00096]: Subsection (7) of section 127A was added by the Judicial Pensions and Retirement Act 1993 (c. 8) Schedule 3 Pt. II paragraph 9.

[^f00097]: Section 9A was inserted by the Judicial Pensions (NI) Order 1991 (NI 24) Article 6(1)(b), 2.

[^f00098]: Subsection (7) of section 9A was added by the Judicial Pensions and Retirement Act 1993 (c. 8) Schedule 3 Pt. II paragraph 9.

[^f00099]: Section 1(9) was inserted by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) s. 8(2) and amended by the Pensions Schemes Act 1993 (c. 48) Schedule 8 paragraph 6.

[^f00100]: The definition of “authorised provider” in section 9(6) was inserted by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) s. 8(6).

[^f00101]: The definition of “authorised provider” in section 10(6) was inserted by the Pensions (Miscellaneous Provisions) Act 1990 (c. 7) s. 8(6).

[^f00102]: Section 8A was inserted by the Police and Firemen’s Pensions Act 1997 (c. 52) s. 2.

[^f00103]: Section 33A was inserted by the Courts and Legal Services Act 1990 (c. 41) s. 82(1).

[^f00104]: Subsection (9) of section 33A was inserted by the Judicial Pensions and Retirement Act 1993 (c. 8) Schedule 3 paragraph 3.

[^f00108]: Section 101F was inserted by the Welfare Reform and Pensions Act 1999 (c. 30) s. 37.

[^f00109]: Section 158A was inserted by the Pensions Act 1995 (c. 26) Schedule 6 paragraph 9.

[^f00110]: The entry relating to the Financial Services Authority was inserted by the Bank of England Act 1998 (c. 11) Schedule 5 paragraph 69(3).

[^f00111]: The words being substituted were substituted by the Welfare Reform and Pensions Act 1999 (c. 30) Sch 2 paragraph 12(1), (2).

[^f00112]: Section 49(1A) was inserted by the Welfare Reform and Pensions Act 1999 (c. 30) Sch 2 paragraph 12(1), (3).

[^f00113]: The words being substituted were substituted by the Welfare Reform and Pensions Act 1999 (c. 30) Sch 2 paragraph 12(1), (2).

[^f00114]: Subsection (8) was substituted by the Welfare Reform and Pensions Act 1999 (c. 30) s. 10(1).

[^f00115]: The entry relating to the Treasury was amended by S.I. 1997/2781, Schedule paragraph 125.

[^f00116]: The entry relating to the Financial Services Authority was inserted by the Bank of England Act 1998 (c. 11) Schedule 5 paragraph 71.

[^f00117]: The words being substituted were substituted by the Welfare Reform and Pensions (NI) Order 1999 (NI 11) Schedule 2 paragraph 10(2).

[^f00118]: Article 49(1A) was inserted by the Welfare Reform and Pensions (NI) Order 1999 (NI 11) Sch 2 paragraph 10(3).

[^f00119]: The words being substituted were substituted by the Welfare Reform and Pensions (NI) Order 1999 (NI 11) Schedule 2 paragraph 10(2).

[^f00120]: Article 49(8) was substituted by the Welfare Reform and Pensions (NI) Order 1999 (NI 11) article 11(1).

[^f00121]: The entry relating to the Financial Services Authority was inserted by the Bank of England Act 1998 (c. 11) Schedule 5 paragraph 72.

[^f00122]: Section 17(3) was amended by S.I. 2000/2952, regulation 7.

[^f00123]: The definition of “actuary” was amended by the Friendly and Industrial and Provident Societies Act 1968 (c. 55), Schedule 1 paragraph 9.

[^f00124]: Section 16 was amended by S.I. 1996/1738 and by S.I. 2001/2617, Schedule 3, paragraph 218 (in addition to the amendment revoked by this article).

[^f00125]: S.I. 2001/2617.

[^f00126]: Amended by S.I. 2001/2617, Schedule 3, paragraph 215(i).

[^f00127]: Section 72 was amended by S.I. 2001/2617, Schedule 3, paragraph 215.

[^f00128]: Section 4A was inserted by S.I. 1996/1738 article 8(1).

[^f00129]: The definition of “annual return” in section 21 has been amended by the Friendly Societies Act 1974 (c. 46) Schedule 11.

[^f00130]: Section 32A was inserted by S.I. 1996/1738 article 10(1) and amended by S.I. 2001/2617, Schedule 3, paragraph 13.

[^f00131]: Section 85(5) has been amended by the Friendly Societies Act 1992 (c. 40), Schedule 22 Part I.

[^f00132]: Section 84A was inserted by the Friendly Societies Act 1992, Schedule 16 paragraph 32.

[^f00133]: Section 94(7) has been amended by S.I. 2001/2617 Schedule 3 paragraph 38(b).

[^f00134]: Subsection (2) of section 8 was substituted by the Banking Act 1987 section 108(1), Schedule 6 paragraph 7(1).

[^f00135]: The definition of “authorised bank” in section 31(1) was substituted by the Banking Act 1987 (c. 22), Schedule 6 paragraph 7.

[^f00136]: Section 6 was substituted by the Building Societies Act 1997 (c. 32), section 4 and amended by S.I. 2001/2617 Schedule 3 paragraph 134.

[^f00137]: Section 9A was inserted by the Building Societies Act 1997, section 10 and amended by S.I. 2001/1826 and S.I. 2001/2617.

[^f00138]: Section 98(3) was amended by the Banking Act 1987 (c. 22) Schedule 6 paragraph 26, by the Building Societies Act 1997, section 30 and by S.I. 2001/2617, Schedule 3 paragraph 181(b).

[^f00139]: Section 101 was substituted by the Building Societies Act 1997 (c. 32) section 41.

[^f00140]: Section 107 was amended by S.I. 2001/2617.

[^f00141]: Subsection (12) was amended by the Banking Act 1987 (c. 22), Schedule 6 paragraph 26.

[^f00142]: The definition of “currency” was inserted by the Building Societies Act 1997 (c. 32) Schedule 7 paragraph 53(1)(f).

[^f00143]: Subsections (2A) and (2C) were inserted by S.I. 1996/1669, Schedule 5 paragraph 5 and amended by S.I. 2000/2952.

[^f00144]: Schedule 15A was inserted by the Building Societies Act 1997 (c. 32) section 39 and Schedule 6 and amended by the Insolvency Act 2000 (c. 39) Schedule 2 Part II.

[^f00145]: S.I. 2001/2635.

[^f00146]: Section 101 was substituted by S.I. 1993/2519, regulation 6(1).

[^f00147]: Schedule 20 was added by S.I. 1993/2519, regulation 6(4).

[^f00148]: The definition of “supervisory authority” was inserted by S.I. 1994/1984, regulation 30(f).

[^f00149]: Subsections (1A) and (1B) were inserted by S.I. 1996/1669, Schedule 5, paragraph 6.

[^f00150]: Paragraph 15 was substituted by S.I. 1994/1984, Schedule 4, paragraph 3 and amended by S.I. 1997/2849 regulations 3, 5, and Schedule and by S.I. 2001/2617.

[^f00151]: Paragraph 15A was inserted by S.I. 1993/2519 regulation 5, substituted by S.I. 1994/1984, regulation 25, Schedule 4, paragraph 4 and has been amended by S.I. 1997/2849 and S.I. 2001/2617.

[^f00152]: Paragraph 18 was substituted by S.I. 1994/1984, regulation 25, Schedule 4 paragraph 7 and has been amended by S.I. 1997/2849 and S.I. 2001/2617.

[^f00153]: Modified by S.I. 1996/1669

[^f00154]: Amended by S.I. 1993/983 and S.I. 1999/678.

[^f00155]: Modified by S.I. 1996/1669.

[^f00156]: Amended by S.I. 1999/248.

[^f00157]: The definition of “Bank” in section 9 was amended by the Banking Act 1987 (c. 22, S.I.F 10), section 108(1), Schedule 6 and modified by S.I. 1992/3218, regulation 82(1), Schedule 10, Pt. 1, paragraph 4.

[^f00158]: Subsection (1) of section 42 was substituted by the Financial Services Act 1986 (c. 60, S.I.F 69) section 212(2), Schedule 16, paragraph 9.

[^f00159]: The words being substituted were substituted by the Insurance Companies Act 1982 (c. 50), Schedule 4, paragraph 22.

[^f00160]: The definition of “securities” was substituted by the Local Government etc. (Scotland) Act 1994 (c. 39), Schedule 13, paragraph 92(22).

[^f00161]: Section 85B was inserted by the National Health Service and Community Care Act 1990 (c. 19, S.I.F 113:2), section 41.

[^f00162]: Section 35(2)(e) was substituted by the Banking Act 1987 (c. 22, S.I.F 10), section 108(1), Schedule 6, paragraph 9.

[^f00165]: Regulation B4B(4)(b) was inserted by the Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1997 (S.I. 1997/1373 (S. 108)).

[^f00166]: Paragraph (7A) was inserted by the Local Government Superannuation (Scotland) Amendment (No. 2) Regulations 1993 (S.I. 1993/2013 (S.224)).

[^f00167]: The definition of “investment manager” was substituted by the Local Government Superannuation (Scotland) Amendment Regulations 1991 (S.I. 1991/78 (S.7)), regulation 5(4).

[^f00168]: Regulation E31A was substituted by the Teachers' Superannuation (Scotland) Amendment Regulations 1999 (S.I. 1999/446 (S. 30)), regulation 15.

[^f00169]: Regulation B6 was inserted by the National Health Services Superannuation Scheme (Scotland) Amendment Regulations 1997 (S.I. 1997/1434 (S.111), regulation 4.

[^f00170]: Regulation 2A was inserted by the Charities (Dormant Accounts) (Scotland) Amendment Regulations 1997 (S.I. 1997/964 (S.86)).

[^f00171]: The words now being substituted were themselves substituted by the Fossil Fuels Levy (Scotland) Amendment Regulations 1996 (S.I. 1996/1512) (S.135) regulation 2.)

[^f00172]: Regulation 4 was substituted by S.I. 2000/199, regulation 9.

[^f00173]: Regulation 145 was inserted by S.S.I 2001/23, regulation 4.

[^f00174]: The definition of “open ended investment company” was substituted by S.S.I. 2000/74, regulation 6(2).

[^f00175]: Amended by S.I. 1999/3259.

[^f00176]: 1986 c. 53. Section 47 is superseded by provisions inserted by S.I. 2001/2617 and the tribunal established under that section abolished.

[^f00177]: The Law Society of Scotland is a designated professional body for the purposes of Part 20: S.I. 2001/1226.

[^f00178]: The reference to “the Treasury” was substituted by S.I. 1997/2781, article 8. The function in question was contracted out to the Financial Services Authority under S.I. 1998/2842, article 2, Schedule, paragraph 62(a). That Order is revoked by this Order, and the substitution made by this paragraph is consequential on that revocation.

[^f00179]: The reference to “the Treasury” was substituted by S.I. 1997/2781, article 8. The function in question was contracted out to the Financial Services Authority under S.I. 1998/2842, article 2, Schedule, paragraph 62(b). That Order is revoked by this Order, and the substitution made by this paragraph is consequential on that revocation.

[^f00180]: Subsection (1)(a) was substituted by the Banking Act 1987 (c. 22), Schedule 6, paragraph 1. Subsection (1)(aa) was inserted by the Building Societies Act 1986, Schedule 18 Pt. 1, paragraph 1 and has been amended by S.I. 2001/1148 Schedule 1, paragraph 3.

[^f00181]: Paragraph (c) was substituted by the Building Societies Act 1997 (c. 32) s. 45(1).

[^f00182]: The definition of “bank” in subsection (7) was substituted by the Banking Act 1979 (c. 37) Schedule 6, paragraphs 2, 14 and has been amended by the Banking Act 1987 (c. 22) Schedule 6, paragraph 2; the Trustee Savings Banks Act 1985 (c. 58) ss. 4(3), 7(3), Schedule 4 and S.I. 2001/1149, article 1(2).

[^f00183]: Section 11(3) was amended by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 2.

[^f00184]: Schedule 1 has been repealed, except in so far as it is applied by or under any other enactment, by virtue of the Trustees Act 2000 (c. 29) Schedule 2 Pt. 1, paragraph 1(1).

[^f00185]: Section 10A was inserted by the Finance Act 1982 (c. 39), s. 150, substituted by S.I. 1994/1908 article 2 and amended by S.I. 1995/768 article 3.

[^f00186]: Paragraph 3 was substituted by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 2(b).

[^f00187]: Paragraph 6 was added by S.I. 1994/1908 article 3.

[^f00188]: Paragraph 2 was amended by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 2(c) and by S.I. 1994/1908 article 3(1), (3). Paragraph 2A was inserted by S.I. 1994/1908 article 3(1), (4).

[^f00189]: Paragraph 6A was inserted by S.I. 1994/1908 article 3(1), (8).

[^f00190]: The words being substituted were in turn substituted by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 4.

[^f00191]: The words being substituted were in turn substituted by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 4.

[^f00192]: The words being substituted were in turn substituted by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 5.

[^f00193]: The words being substituted were in turn substituted by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 5.

[^f00194]: Schedule 2 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c. 39) s. 1(2), Schedule 1 and the entry relating to the Friendly Societies Commission was inserted by the Friendly Societies Act 1992 (c. 40) Schedule 1, paragraph 12.

[^f00195]: Schedule 4 was inserted by the Parliamentary Commissioner Act 1994 (c. 14) s. 1(3).

[^f00196]: The entry relating to the Financial Services Tribunal was inserted by S.I. 1996/1914.

[^f00197]: The words being substituted were substituted by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 7.

[^f00198]: The definition of “unit trust scheme” was amended by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 7.

[^f00199]: Section 15B was inserted by the Theft (Amendment) Act 1996 (c. 62) s. 1(1).

[^f00200]: Section 15B was inserted by the Theft (Amendment) (Northern Ireland) Order 1997 NI 3, Article 3(1).

[^f00201]: Subsection 3(b) has been amended by the Insurance Companies Act 1981 (c. 31) Schedule 4 Pt II, paragraph 19; by the Insurance Companies Act 1982 (c. 50) Schedule 5, paragraph 8; and by S.I. 1992/2890 regulation 11(1).

[^f00202]: Section 98 is repealed by the Local Government Act 2000 (c. 22) Schedule 5, paragraph 12 from a date to be appointed and has been amended by the Financial Services Act 1986 (c. 60) Schedule 16, paragraph 8.

[^f00203]: Section 140(1) was substituted by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) s. 39(1) and has been amended by the Insurance Companies Act 1982 (c. 50) Schedule 5, paragraph 13.

[^f00204]: Section 140C was inserted by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) s. 39(2) and subsection (1) has been amended by the Insurance Companies Act 1982 (c. 50) Schedule 5, paragraph 13.

[^f00205]: Section 118 was substituted by the Trading Schemes Act 1996 (c. 32) s. 1.

[^f00207]: The definition of “authorised insurer” was substituted by S.I. 1992/2890 regulation 12(1).

[^f00208]: The definition of “bank” has been amended by the Banking Act 1979 (c. 37) Schedule 6; the Banking Act 1987 (c. 22) Schedule 6 paragraph 5; the Trustee Savings Banks Act 1985 (c. 58) Schedule 4 and S.I. 2001/1149 article 1(2).

[^f00209]: Schedule 1 was reprinted (Reprint No. 15) incorporating all amendments in force on 19 March 1997.

[^f00210]: Section 5(1) was amended by the Financial Services Act 1986 (c. 60) s. 194.

[^f00211]: Section 5(2) was inserted by the Financial Services Act 1986 (c. 60) s. 194.

[^f00212]: Section 40(6) was amended by the Banking Act 1987 (c. 22) Schedule 6, paragraph 11.

[^f00213]: Section 40A was inserted by the Administration of Justice Act 1982 (c. 53), Schedule 4, Pt I. Subsections (1) and (1A) were substituted for the original subsection (1) by the Administration of Justice Act 1985 (c. 61), s. 52.

[^f00214]: Section 40A(4)(c) was substituted by the Administration of Justice Act 1985 (c. 61), s. 52(4).

[^f00215]: 1986 c. 60, repealed by article 3 of this Order.

[^f00216]: Section 3 was substituted by the Finance Act 2001 (c. 9), section 6(1), Schedule 1, paragraph 1.

[^f00217]: Paragraphs (b) and (c) of subsection (3) were amended by the Banking Act 1987 (c. 22), s.108(1), Schedule 6, paragraph 14.

[^f00218]: Subsection (1) was substituted by the Administration of Justice Act 1985 (c. 61), s.52(2).

[^f00219]: Subsection (1A) was inserted by the Administration of Justice Act 1985 (c. 61), s.52(2).

[^f00220]: Section 109(4)(c) was substituted by the Administration of Justice Act 1985 (c. 61) s. 52(4).

[^f00221]: The definition of “deposit-taking institution” was amended by the Banking Act 1987 (c. 22), s.108(1), Schedule 6, para.15.

[^f00222]: The words being substituted were substituted by the Banking Act 1987 (c. 22), Schedule 6, paragraph 19.

[^f00223]: Section 21(5) was substituted by S.I. 1992/2890, regulation 12(4).

[^f00224]: Section 151B was inserted by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 118.

[^f00225]: Subsection (4) of section 156 was amended by the Housing Act 1988, section 140(1), Schedule 17, paragraph 106.

[^f00226]: The reference to building societies was substituted by the Building Societies Act 1986 (c. 53), section 120(1), Schedule 18, paragraph 18(3).

[^f00227]: The reference to building societies was substituted by the Building Societies Act 1986 (c. 53), section 120(1), Schedule 18, paragraph 18(3).

[^f00228]: The definition of “bank” was amended by the Banking Act 1987 (c. 22), and the definition of “building society” was substituted by the Building Societies Act 1986 (c. 53), section 120(1), Schedule 18, paragraph 18(5).

[^f00229]: The reference to the Building Societies Commission in section 84(5)(a) was substituted by the Building Societies Act 1986 (c. 53), Schedule 18, paragraph 19(3).

[^f00230]: The reference to the Building Societies Commission in section 86(4) was substituted by the Building Societies Act 1986 (c. 53), Schedule 18, paragraph 19(3).

[^f00231]: Section 8(4) has been amended by the Banking Act 1987 (c. 22), Schedule 6, paragraph 25(1).

[^f00232]: Section 168(5C) was inserted by S.I. 194/2421, article 14(1).

[^f00233]: Section 422(1) has been amended by the Banking Act 1987 (c. 22), Schedule 5, paragraph 37; and Schedule 6, paragraph 25(2).

[^f00234]: Paragraph (e) to (k) of section 3(6), have been amended by the Criminal Justice Act 1993 (c. 36), Schedule 6 Pt. I; the Criminal Justice Act 1998 (c. 33), Schedule 15, paragraph 111; and S.I. 1994/1696, Schedule 8, paragraph 16.

[^f00236]: Subsection (1A) was inserted by S.I. 1993/174, regulation 9, and substituted by S.I. 1993/2519, regulation 6(5).

[^f00237]: Section 37(8) was amended by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 41(2).

[^f00238]: Section 48(4) was amended by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 41(2).

[^f00239]: Section 50(2)(p)(i) was amended by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 67(b).

[^f00240]: Section 50(2)(fa) was inserted by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 67(a).

[^f00241]: Section 52(6) was amended by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 41(3)(b).

[^f00242]: Section 54(1) inserts subsections (2), (2A), (3) and (4) into section 23 of the Solicitors Act 1974 (c. 47) from a date to be appointed.

[^f00243]: The inserted subsection (2)(e)(i) has been amended by the Bank of England Act 1998 (c. 11), Schedule 5, paragraph 41(4).

[^f00244]: Schedule 1A is to be inserted in the Judicial Pensions Act 1981 (c. 20), from a date not yet appointed on the date when this Order comes in to force.

[^f00245]: Section 19(1) was substituted by S.I. 1993/3084, regulation 7.

[^f00246]: Section 7(2) has been amended in terms not relevant to this Order.

[^f00247]: Section 8(3)(b) was amended by S.I. 1993/3258, article 2(c); and S.I. 1999/678, article 2(1) and Schedule.

[^f00248]: Section 11(1) has been amended in terms not relevant to this Order.

[^f00249]: The entry in Schedule 1 relating to Friendly Societies was inserted by S.I. 1993/3258, article 3.

[^f00251]: Section 70(2) has been amended by S.I. 2000/2952, regulation 6(a)(i) and (ii) and 6(b).

[^f00252]: Section 57 was amended by the Finance Act 1997 (c. 16), section 27.

[^f00253]: Inserted by S.I. 1994/1698, article 5; paragraph 15 repealed in part by S.I. 1996/2995, article 2.

[^f00254]: Relevant amendments made by the Finance Act 1997 (c. 16), section 38.

[^f00255]: Sub-paragraph (1) was amended by S.I. 2000/2952.

[^f00256]: 1979 c. 34

[^f00257]: S.I. 1985 /1205 (N.I. 12).

[^f00258]: 1974 c. 46.

[^f00259]: By virtue of paragraph 26 of Schedule 2 to the Criminal Justice and Police Act 2001, section 426 of the Financial Services and Markets Act 2000 has effect as if the provisions referred to in subsection (2)(b) included the provisions of Part 2 of the 2001 Act.

[^f00260]: Paragraph 8 was substituted by S.I. 1988/962, regulation 2.

[^f00261]: Paragraph 3(b) has been amended by the Insurance Companies Act 1981 (c. 31) Schedule 4 Pt II paragraph 19; by the Insurance Companies Act 1982 (c. 50) Schedule 5, paragraph 8; and by S.I. 1992/2890 regulation 11(1).

[^f00262]: The definition of “negotiable instrument” Regulation 1(3) was amended by S.I. 1991/2000, regulation 5(2), and modified by S.I. 2000/968, regulation 4.

[^f00263]: Paragraph (1A) was inserted by S.I. 1989/2046, regulation 2(c).