The Alternative Investment Fund Managers Regulations 2013

(2B) The conditions in this paragraph are that— (a) the conditions in articles 25 or 26 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data are met; (b) the regulator or regulator worker is satisfied that the disclosure is necessary for the purpose of complying with a requirement of the alternative investment fund managers directive; and (c) in the case of disclosure of information received from an EEA competent authority— (i) that authority has given its express agreement to the disclosure; and (ii) if such agreement was given for a particular purpose, the disclosure is solely for that purpose.

Financial Services and Markets Act 2000 (Consultation with Competent Authorities) Regulations 2001

13

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

Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001

14

• (1) The Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 are amended as follows.

• (2) After regulation 2(5) (establishment of a branch: contents of consent notice) insert—

(6) In the case of an EEA AIFM, the prescribed information is— (a) a statement that the firm is an EEA AIFM; (b) the identity of the AIFs that the EEA AIFM intends to manage; (c) the organisational structure of the branch; (d) the address in the home state of each AIF that the EEA AIFM intends to manage from which documents relating to that AIF may be obtained; (e) the names and contact details of the persons responsible for the management of the branch. (7) In paragraph (6) “home state” in relation to an AIF means— (a) the EEA State in which the AIF is authorised or registered, or in the case of multiple authorisations or registrations, the EEA State in which the AIF was first authorised or registered; or (b) if the AIF is not authorised or registered in an EEA State, the EEA State in which it has its registered office or head office.

• (3) After regulation 3(4) (provision of services: contents of regulator's notice) insert—

(5) In the case of an EEA AIFM, the prescribed information is— (a) a statement that the firm is an EEA AIFM; (b) if the EEA AIFM wishes to manage an AIF in the United Kingdom— (i) particulars of the programme of operations to be carried on in the United Kingdom, including a description of the particular EEA activities to be carried on; and (ii) the identity of the AIFs that the EEA AIFM intends to manage; and (c) if the EEA AIFM wishes to market an AIF in the United Kingdom— (i) the documents and information set out in Annex IV to the alternative investment fund managers directive; and (ii) a statement to the effect that the AIFM concerned is authorised to manage AIFs with a particular management strategy.

• (4) After regulation 7 (insurance firms: changes to services) insert—

(7A) (1) An EEA AIFM which is exercising an EEA right in the United Kingdom deriving from the alternative investment fund managers directive must not make a material change to any of the matters referred to in regulation 2(6)(b) to (e) or 3(5)(b) or (c) unless the relevant requirement has been complied with. (2) Where the relevant requirement has been complied with, the EEA AIFM's permission is to be treated as varied accordingly. (3) For the purposes of this regulation, the “relevant requirement” is that the home state regulator has informed the appropriate UK regulator that it has approved the proposed change. (4) In this regulation “the appropriate UK regulator” has the same meaning as in paragraph 14 of Schedule 3.

• (5) After regulation 17 (relevant details for purposes of regulation 16) insert—

(17A) (1) A full-scope UK AIFM which has exercised an EEA right, deriving from the alternative investment fund managers directive, to establish a branch must not change any of the matters referred to in regulation 2(6)(b) to (e) unless the relevant requirements have been complied with. (2) A full-scope UK AIFM which is providing services in exercise of an EEA right deriving from the alternative investment fund managers directive, other than the EEA right to market an AIF, must not change— (a) the programme of operations, or the EEA activities, to be carried out in exercise of that right, (b) the EEA States, other than the United Kingdom, in which it manages AIFs, or (c) the identity of the AIFs it manages in those States, unless the relevant requirements have been complied with. (3) A full-scope UK AIFM which is marketing an AIF in exercise of an EEA right deriving from the alternative investment fund managers directive, must not make a material change to any of the following matters, unless the relevant requirements have been complied with— (a) the programme of operations identifying the AIF the AIFM intends to market and information on where the AIF is established; (b) the AIF rules or instruments of incorporation; (c) identification of the depositary of the AIF; (d) the description of, or any information on, the AIF available to investors; (e) where the master AIF is established, if the AIF is a feeder AIF; (f) any additional information referred to in Article 23.1 of the alternative investment fund managers directive, for each AIF the AIFM intends to market; (g) the EEA States, other than the United Kingdom, in which the AIFM intends to market the units or shares of the AIF to professional investors; (h) information about arrangements made for the marketing of the AIF and, where relevant, arrangements established to prevent the AIF from being marketed to retail investors, including in the case where the AIFM relies on the activities of independent entities to provide investment services in respect of the AIF. (4) For the purposes of this regulation, the “relevant requirements” in the case of a planned change are that— (a) the AIFM has given written notice of the change to the appropriate UK regulator at least one month before implementing the change; and (b) either— (i) the appropriate UK regulator has consented to the change; or (ii) the appropriate UK regulator has not objected to the change in the period of one month beginning on the day on which the firm gave notice. (5) For the purposes of this regulation, the “relevant requirements” in the case of an unplanned change are that— (a) the AIFM has given written notice of the change to the appropriate UK regulator as soon as reasonably practicable and, at the latest, immediately after an unplanned change has occurred; and (b) the appropriate UK regulator has not objected to the change. (6) If a planned change would mean the AIFM no longer complied with an implementing provision, the appropriate UK regulator must inform the AIFM without undue delay that— (a) the FCA objects to the change; and (b) the AIFM must not implement the change. (7) If— (a) a planned change is implemented, or (b) an unplanned change takes place, as a result of which the AIFM no longer complies with an implementing provision, the appropriate UK regulator must take steps to ensure that the AIFM complies with that provision or ceases to exercise the EEA right. (8) If a change notified under paragraph (4)(a) or (5)(a) does not affect compliance with an implementing provision, the appropriate UK regulator must— (a) give a notice to the host state regulator informing it of the change; and (b) inform the firm that it has given the notice, stating the date on which it did so. (9) If the appropriate UK regulator objects to a change under paragraph (6), takes steps under paragraph (7) or refuses to give notice to the host state regulator under paragraph (8)— (a) the AIFM may refer the matter to the Tribunal; and (b) the appropriate UK regulator must give notice to the AIFM of the reasons for its decision to object, to take such steps or to refuse to give such notice. (10) In this regulation— - “depositary” has the meaning given in regulation 2 of the Alternative Investment Fund Managers Regulations 2013; - “feeder AIF” has the meaning given in Article 4.1(m) of the alternative investment fund managers directive; - “implementing provision” means a provision implementing the alternative investment fund managers directive or a provision of any directly applicable EU regulation made under that directive; - “master AIF” has the meaning given in Article 4.1(y) of that directive; - “retail investor” has the meaning given in Article 4.1(aj) of that directive.

Uncertificated Securities Regulations 2001

15

After regulation 9(10)(f) of the Uncertificated Securities Regulations 2001 (injunctions and restitution orders) insert—

(fa) managing a UCITS; (fb) acting as trustee or depositary of a UCITS; (fc) managing an AIF; (fd) acting as trustee or depositary of an AIF;

Financial Services and Markets Act 2000 (Collective Investment Schemes) (Designated Countries and Territories) Order 2003

16

The Financial Services and Markets Act 2000 (Collective Investment Schemes) (Designated Countries and Territories) Order 2003 is revoked.

Financial Conglomerates and Other Financial Groups Regulations 2004

17

• (1) The Financial Conglomerates and Other Financial Groups Regulations 2004 are amended as follows.

• (2) In regulation 1(2) (interpretation), in the definition of “regulated entity”—

• (a) at the end of paragraph (c) omit “or”;

• (b) after paragraph (d) insert—

; or (e) an alternative investment fund manager (as referred to in Article 4(1)(b), (l) or (ab) of the alternative investment fund managers directive) or an undertaking which is outside the EEA but which would require authorisation in accordance with that Directive if it had its registered office in the EEA; and

• (3) In regulation 7(1) (supervision of third-country financial conglomerates and third-country groups - interpretation), before the definition of “asset management company” insert—

“alternative investment fund manager” means— 1. any EEA firm falling within paragraph 5(h) of Schedule 3 to the Act ; or 2. any UK firm whose EEA right derives from the alternative investment fund managers directive

• (4) In regulation 9 (supervision of third-country banking groups), after paragraph (5) insert—

(6) Where a regulator has, for the purposes of Article 30a of the conglomerates directive (alternative investment fund managers), included an alternative investment fund manager in the scope of supervision of a credit institution in a third-country group, each reference in this regulation to a “credit institution” is to be treated as including a reference to that alternative investment fund manager.

• (5) In regulation 10 (supervision of third-country groups subject to the capital adequacy directive), after paragraph (6) insert—

(7) Where a regulator has, for the purposes of Article 30a of the conglomerates directive, included an alternative investment fund manager in the scope of supervision of— (a) credit institutions and investment firms in a third-country group; or (b) investment firms in a third-country group, each reference in this regulation to an “investment firm” is to be treated as including a reference to that alternative investment fund manager.

Child Trust Funds Regulations 2004

18

In regulation 2(1)(b) of the Child Trust Funds Regulations 2004 (interpretation) , in paragraph (b) of the definition of “non-UCITS retail scheme” omit “270 or”.

Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

19

In the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 —

• (a) after article 29(2) (communications required or authorised by enactments) insert—

(3) A communication which may be made because a condition imposed by regulation 49 or 50 of the Alternative Investment Fund Managers Regulations 2013 has been met, is to be treated as authorised by those Regulations for the purposes of paragraph (1) in so far as it is made to a professional investor (as defined in regulation 2(1) of those Regulations). (4) A communication permitted by Article 2.2, 4 or 14.3 of Regulation (EU) No 345/2013 of the European Parliament and the Council of 17 April 2013 on European venture capital funds, or by Article 2.2, 4 or 15.3 of Regulation (EU) No 346/2013 of the European Parliament and the Council of 17 April 2013 on European social entrepreneurship funds, is to be treated as authorised by an enactment other than the Act for the purposes of paragraph (1).

• (b) in article 40(a) omit “270 or”.

Offshore Funds (Tax) Regulations 2009

20

In regulation 74(2) of the Offshore Funds (Tax) Regulations 2009 (the equivalence condition) omit “, 270”.

Financial Services and Markets Act 2000 (Short Selling) Regulations 2012

21

Omit regulation 2(14) of the Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 .

Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013

22

• (1) The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013 is amended as follows.

• (2) In article 1(2) (interpretation) at the end insert—

• “EuSEF Regulation” means Regulation (EU) No 346/2013 of the European Parliament and the Council of 17 April 2013 on European social entrepreneurship funds;
• “EuVECA Regulation” means Regulation (EU) No 345/2013 of the European Parliament and the Council of 17 April 2013 on European venture capital funds;

• (3) In article 2(2) (qualifying EU provisions: general)—

• (a) after sub-paragraph (b) insert—

(ba) any directly applicable regulation made under the alternative investment fund managers directive;

• (b) after sub-paragraph (e) insert—

(f) the EuSEF Regulation and any directly applicable regulation made under that Regulation; (g) the EuVECA Regulation and any directly applicable regulation made under that Regulation.

• (4) In article 3 (qualifying EU provisions: disciplinary measures)—

• (a) in paragraph (2)—

• (i) after sub-paragraph (b) insert—

(ba) any directly applicable regulation made under the alternative investment fund managers directive;

• (ii) after sub-paragraph (e) insert—

(f) the EuSEF Regulation and any directly applicable regulation made under that Regulation; (g) the EuVECA Regulation and any directly applicable regulation made under that Regulation.

• (b) in paragraph (3)—

• (i) in sub-paragraph (b) after “UCITS directive” insert “ or the alternative investment fund managers directive ”;

• (ii) after sub-paragraph (d) insert—

(e) in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCA.

• (5) In article 5 (qualifying EU provisions: injunctions and restitution)—

• (a) in paragraph (2)—

• (i) after sub-paragraph (b) insert—

(ba) any directly applicable regulation made under the alternative investment fund managers directive;

• (ii) after sub-paragraph (e) insert—

(f) the EuSEF Regulation and any directly applicable regulation made under that Regulation; (g) the EuVECA Regulation and any directly applicable regulation made under that Regulation.

• (b) in paragraph (5)—

• (i) in sub-paragraph (b) after “UCITS directive” insert “ or the alternative investment fund managers directive ”;

• (ii) after sub-paragraph (e) insert—

(f) in relation to a contravention of a requirement imposed by the EuSEF Regulation, the EuVECA Regulation or any directly applicable regulation made under either the EuSEF Regulation or the EuVECA Regulation, the FCA.

• (6) In article 6(2) (qualifying EU provisions: fees)—

• (a) after sub-paragraph (b) insert—

(ba) any directly applicable regulation made under the alternative investment fund managers directive;

• (b) after sub-paragraph (g) insert—

(h) the EuSEF Regulation and any directly applicable regulation made under that Regulation; (i) the EuVECA Regulation and any directly applicable regulation made under that Regulation.

Financial Services Act 2012 (Misleading Statements and Impressions) Order 2013

23

For article 2(b)(ii) of the Financial Services Act 2012 (Misleading Statements and Impressions) Order 2013 (relevant agreements – specified kinds of activity) substitute—

(ia) article 51ZA (managing a UCITS), (ib) article 51ZB (acting as a trustee or depositary of a UCITS), (ic) article 51ZC (managing an AIF), (id) article 51ZD (acting as a trustee or depositary of an AIF), (ii) article 51ZE (establishing etc. a collective investment scheme),

CRC Energy Efficiency Scheme Order 2013

24

In regulation 3 of the CRC Energy Efficiency Scheme Order 2013 (interpretation), in the definition of “regulated activity” for “51(1)(a)” substitute “ 51ZA, 51ZC or 51ZE ”.

Signed

Robert Goodwill — Desmond Swayne — Two of the Lords Commissioners of Her Majesty's Treasury — 2013-07-16

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2012/1759.

[^f00002]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).

[^f00003]: Paragraph 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and paragraph 2A was inserted by section 29 of that Act.

[^f00004]: 2000 c. 8. Section 429(2) was amended by paragraph 12 of Schedule 15 to the Companies Act 2006 (c. 46), section 178 of the Banking Act 2009 (c. 1) and paragraph 33 of Schedule 2 to the Financial Services Act 2010 (c. 28).

[^f00005]: 2006 c. 46.

[^f00006]: Section 14A of the Interpretation Act 1978 (c. 30) (inserted by section 59 of the Enterprise and Regulatory Reform Act 2013 (c. 24)) provides that, where an Act provides a power to make subordinate legislation, that subordinate legislation may include a requirement to review the effectiveness of the legislation.

[^f00007]: Section 417(1) provides that “prescribed” means prescribed in regulations made by the Treasury. Sections 183 and 188 were substituted by S.I. 2009/534 and section 188 was amended by section 26(2) of the Financial Services Act 2012. Section 213(10) was substituted by S.I. 2011/1613. Section 262 was amended by paragraph 9 of Schedule 18 to the 2012 Act and by S.I. 2001/1265. Section 349 was amended by paragraph 19 of Schedule 12 to the 2012 Act and by other provisions not relevant here. Paragraph 13(1)(b) of Schedule 3 was amended by S.I. 2007/126. Paragraph 14(1)(b) of Schedule 3 was amended by S.I. 2003/1473 and 2003/2066. Paragraph 22 of Schedule 3 was amended by paragraph 14 of Schedule 4 to the 2012 Act.

[^f00008]: Section 785 was amended by section 112 of the Financial Services Act 2012 (c. 21).

[^f00009]: In section 237(3) the definition of “authorised contractual scheme” was inserted by S.I. 2013/1388.

[^f00010]: OJ L 83, 22.3.2013, p.1.

[^f00011]: OJ L 174, 1.7.2011, p.1.

[^f00012]: OJ L 331, 15.12.2010, p.1.

[^f00013]: OJ L 115, 25.4.2013, p.18.

[^f00014]: OJ L 115, 25.4.2013, p.1.

[^f00015]: S.I. 2001/544.

[^f00016]: Section 191G was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012.

[^f00017]: OJ L 235, 23.9.2003, p.10.

[^f00018]: OJ L 235, 23.9.2003, p.10.

[^f00019]: Sections 55A to 55Z4 were substituted by section 11(2) of the Financial Services Act 2012.

[^f00020]: 1986 c. 46. Section 1(1) was amended by section 204(1) and (3) of the Enterprise Act 2002 (c. 40) and section 5(1) of the Insolvency Act 2000 (c. 39).

[^f00021]: Section 22 was amended by section 7 of the Financial Services Act 2012.

[^f00022]: Article 76 was amended by S.I. 2011/2687.

[^f00023]: OJ L 166, 11.6.1998, p.45.

[^f00024]: OJ L 124, 20.5.2003, p. 36.

[^f00025]: OJ L 142, 30.4.2004, p. 12. In the United Kingdom, the Panel on Takeovers and Mergers is required under section 943(1) of the Companies Act 2006 (c. 46) to make rules implementing Article 5 of Directive 2004/25/EEC.

[^f00026]: S.I. 2004/3426.

[^f00027]: S.R. (NI) 2005 No. 47.

[^f00028]: For companies registered under the Companies Act 2006 (c. 46), provisions about annual reports are contained in Part 15 of that Act.

[^f00029]: OJ L 26, 31.01.1977, p.1.

[^f00030]: S.I. 2001/1228.

[^f00031]: Section 165 was amended by paragraph 15 of Schedule 2 to the Financial Services Act 2010 and paragraph 1 of Schedule 12 to the Financial Services Act 2012.

[^f00032]: Section 66 was substituted by paragraph 5 of Schedule 12 to the Financial Services Act 2012.

[^f00033]: Section 167 was amended by paragraph 7 of Schedule 12 to the Financial Services Act 2012 and by S.I. 2007/126.

[^f00034]: Section 205 was amended by paragraphs 1 and 11 of Schedule 9 to the Financial Services Act 2012.

[^f00035]: Section 206 was amended by section 10 of the Financial Services Act 2010 and by paragraphs 1 and 12 of Schedule 9 to the Financial Services Act 2012.

[^f00036]: Section 169 was amended by paragraph 9 of Schedule 12 to the Financial Services Act 2012.

[^f00037]: Section 170 was amended by paragraph 10 of Schedule 12 to the Financial Services Act 2012.

[^f00038]: Section 171 was amended by S.I. 2007/126.

[^f00039]: Section 174 was amended by paragraph 12 of Schedule 12 to the Financial Services Act 2012.

[^f00040]: Section 175 was amended by paragraph 13 of Schedule 12 to the Financial Services Act 2012.

[^f00041]: Section 176 was amended by paragraph 17 of Schedule 2 to the Financial Services Act 2010, paragraph 14 of Schedule 12 to the Financial Services Act 2012 and S.I. 2005/1433.

[^f00042]: Section 176A was inserted by paragraph 15 of Schedule 12 to the Financial Services Act 2012.

[^f00043]: Section 177 was amended by paragraph 8 of Schedule 8 to the Financial Services Act 2012 and S.I. 2001/1090.

[^f00044]: Sections 207 to 211 were amended by paragraphs 18, 19 and 20 of Schedule 2 to the Financial Services Act 2010 and by paragraphs 1, 14, 15, 16, 17 and 18 of Schedule 9 to the Financial Services Act 2012. Schedule 1ZA was substituted by Schedule 3 to the 2012 Act.

[^f00045]: OJ L 345, 31.12.2003, p.64.

[^f00046]: Article 51ZD is substituted by paragraph 1(12) of Schedule 2 to these Regulations.

[^f00047]: Article 51(1)(bb) was inserted by S.I. 2013/1388. Articles 51ZA to 51ZG are substituted for article 51 by paragraph 1(12) of Schedule 2 to these Regulations.

[^f00048]: Section 20(1) was amended, and subsection (1A) was inserted, by paragraph 2 of Schedule 9 to the Financial Services Act 2012.

[^f00049]: Article 42A is inserted by paragraph 1(10) of Schedule 2 to these Regulations.

[^f00050]: Paragraph 11 is inserted by paragraph 1(17) of Schedule 2 to these Regulations.

[^f00051]: Sections 1A and 1L were substituted by section 6 of the Financial Services Act 2012.

[^f00052]: OJ L 177, 30.6.2006, p.201.

[^f00053]: Section 59 was amended by section 14 of, and paragraph 3 of Schedule 5 to, the Financial Services Act 2012, and by S.I. 1012/1906.

[^f00054]: Section 66(2) was substituted by paragraph 14 of Schedule 5 to the Financial Services Act 2012.

[^f00055]: Section 168(4) was amended by paragraph 33 of Schedule 7 to the Counter-Terrorism Act 2008 (c. 28), paragraph 16 of Schedule 2 to the Financial Services Act 2010 and paragraph 8 of Schedule 12 to the Financial Services Act 2012, and by S.I. 2007/126 and S.I. 2012/2554.

[^f00056]: Section 193(1) was amended by paragraph 31 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2011/1613.

[^f00057]: Section 195A was inserted by S.I. 2007/126, substituted by S.I. 2011/1613, and amended by paragraph 35 of Schedule 4 to the Financial Services Act 2012 and S.I. 2012/916.

[^f00058]: Section 199 was amended by paragraph 39 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613, S.I. 2012/916 and S.I. 2012/2015.

[^f00059]: Section 204A was inserted by paragraph 10 of Schedule 9 to the Financial Services Act 2012.

[^f00060]: Section 237 was amended by paragraph 9 of Schedule 18 to the Financial Services Act 2012 and by S.I. 2011/1613.

[^f00061]: Section 261D was inserted by S.I. 2013/1388.

[^f00062]: Sections 270 and 271 were amended by paragraphs 9 and 16 of Schedule 18 to the Financial Services Act 2012.

[^f00063]: Sections 272 and 277 to 281 were amended by paragraph 9 of Schedule 18 to the Financial Services Act 2012.

[^f00064]: Section 380 was amended by paragraph 19 of Schedule 9 to the Financial Services Act 2012.

[^f00065]: Section 382 was amended by paragraph 21 of Schedule 9 to the Financial Services Act 2012.

[^f00066]: Section 384 was amended by paragraph 23 of Schedule 9 to the Financial Services Act 2012 and S.I. 2007/126.

[^f00067]: Section 398 was amended by paragraph 36 of Schedule 9 to the Financial Services Act 2012.

[^f00068]: OJ L 115, 25.4.2013, p.1.

[^f00069]: OJ L 115, 25.4.2013, p.18.

[^f00070]: Section 417(1) was amended by paragraph 16 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16), section 964 of the Companies Act 2006 (c. 46), section 174 of the Banking Act 2009 (c. 1), paragraph 31 of Schedule 2 to the Financial Services Act 2010 and section 49 of the Financial Services Act 2012, and by S.I. 2002/1775, S.I. 2007/126, S.I. 2009/1941, S.I. 2010/22, S.I. 2012/916, S.I. 2012/1809, S.I. 2012/1906, S.I. 2012/2554 and S.I. 2013/504.

[^f00071]: Section 425 was amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3253 and S.I. 2012/1906.

[^f00072]: Schedule 1ZA was substituted for Schedule 1 by section 6 of, and Schedule 3 to, the Financial Services Act 2012.

[^f00073]: Paragraph 1 was amended by S.I. 2000/2952, S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2007/3253.

[^f00074]: Paragraph 4D was inserted by S.I. 2012/1906.

[^f00075]: Paragraph 5 was amended by S.I. 2003/1473, S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/3221, S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613 and S.I. 2012/1906.

[^f00076]: Paragraphs 5A, 7A and 10A were inserted by S.I. 2003/1473.

[^f00077]: Paragraph 11C was inserted by S.I. 2011/1613.

[^f00078]: Paragraph 13 was amended by paragraph 2 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2012/1906.

[^f00079]: Paragraph 14 was amended by paragraph 3 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2012/1906.

[^f00080]: Paragraph 19 was amended by paragraph 10 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/3253, S.I. 2011/1613, S.I. 2012/916 and S.I. 2012/1906.

[^f00081]: Paragraph 20 was amended by paragraph 11 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2001/1376, S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613 and S.I. 2012/1906.

[^f00082]: Paragraph 20B was inserted by S.I. 201/1613 and amended by paragraph 13 of Schedule 4 to the Financial Services Act 2012.

[^f00083]: Paragraph 28 was amended by paragraph 21 of Schedule 4 to the Financial Services Act 2000.

[^f00084]: Schedule 5 was amended by S.I. 2003/2066.

[^f00085]: Parts 1A to 1G of Schedule 6 were substituted by S.I. 2013/555.

[^f00086]: 2008 c. 12 (N.I.); see section 185 and paragraph 1 of Schedule 9.

[^f00087]: 1964 c. 33 (N.I.).

[^f00088]: 2010 c. 13.

[^f00089]: 1973 c. 41. Section 118(6A) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

[^f00090]: 1989 c. 40. Section 176(8) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

[^f00091]: 1994 c. 23. Item 9 and note (6) of Group 5 were substituted by S.I. 2008/2547.

[^f00092]: 2000 c. 11. Paragraph 6(1A) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

[^f00093]: 2006 c. 46.

[^f00094]: 2011 c. 25.

[^f00095]: Section 277A is inserted by paragraph 21 of this Schedule.

[^f00096]: The definition of “overseas person” was amended by S.I. 2003/1475, S.I. 2003/1476, S.I. 2006/2383, S.I. 2006/3384 and S.I. 2009/1342. Other amendments to article 3 are not relevant here.

[^f00097]: Article 4(2) was amended by S.I. 2009/1389.

[^f00098]: Article 16 was amended by S.I. 2006/3384.

[^f00099]: Articles 9AA, 51A, 52A, 58A and 60A were inserted by S.I. 2002/1776.

[^f00100]: Article 12A was inserted by S.I. 2002/1776.

[^f00101]: Articles 20 and 50 were amended by S.I. 2002/1776.

[^f00102]: Articles 36(2) and 55(2) were added by S.I. 2003/1475 and amended by S.I. 2006/2383 and S.I. 2009/1342.

[^f00103]: Article 63A was inserted by S.I. 2002/1776 and substituted by S.I. 2003/1475.

[^f00104]: Articles 63B to 63I were inserted by S.I. 2006/2383.

[^f00105]: Articles 63J to 63M were inserted by S.I. 2009/1342.

[^f00106]: Article 24 was amended by S.I. 2002/1776 and S.I. 2003/1476.

[^f00107]: Articles 36(1) and 55(1) were amended by S.I. 2002/1776, S.I. 2003/1475 and S.I. 2003/1476.

[^f00108]: Article 39C was inserted by S.I. 2003/1476.

[^f00109]: Article 36(3) was added by S.I. 2006/3384.

[^f00110]: Articles 39 and 44 were amended by S.I. 2002/1776 and S.I. 2003/1476.

[^f00111]: Article 51A was inserted by S.I. 2002/1776.

[^f00112]: Article 64 was amended by S.I. 2002/682, S.I. 2006/3384 and S.I. 2009/1389.

[^f00113]: Article 68 was amended by S.I. 2001/3544 and S.I. 2003/1476.

[^f00114]: Article 72E was inserted by S.I. 2005/1518 and amended by S.I. 2006/3384 and S.I. 2007/2157.

[^f00115]: Article 72A was inserted by S.I. 2002/1776 and amended by 2004/3379.

[^f00116]: Schedule 5 was added by S.I. 2013/655.

[^f00117]: OJ L 235, 23.9.2003, p10.

[^f00118]: S.I. 1975/1023. The definition of “relevant collective investment scheme” in article 2(1) was inserted, and article 4(d) was substituted, by S.I. 2001/3816. Article 4 was further amended by S.I. 2013/472, S.I. 2013/1198 and other instruments not relevant here.

[^f00119]: S.I. 1990/1504 (N.I. 10). Article 98(8) was inserted by S.I. 2001/3649.

[^f00120]: S.I. 1998/1870. The definition of “non-UCITS retail scheme” was inserted by S.I. 2005/3350 and amended by S.I. 2008/704 and S.I. 2009/1994.

[^f00121]: S.I. 2001/1060. Article 2 was amended by S.I. 2002/1310 and S.I. 2005/2114.

[^f00122]: S.I. 2001/1062. Paragraph 5(2)(a) was amended by S.I. 2006/3384.

[^f00123]: S.I. 2001/1177. Article 3 was amended by S.I. 2003/1476, S.I. 2006/1969 and S.I. 2006/3384.

[^f00124]: S.I. 2001/1201. Article 5 was amended by S.I. 2003/1675, S.I. 2006/1969 and S.I. 2007/125.

[^f00125]: S.I. 2001/1227. Article 4 was amended by S.I. 2001/3650, S.I. 2002/682, S.I. 2004/2737, S.I. 2006/1969 and S.I. 2012/1906.

[^f00126]: S.I. 2001/1228. Regulation 15 was amended by S.I. 2003/2066, S.I. 2011/1265 and S.I. 2013/472.

[^f00127]: S.I. 2001/1783. Regulation 1 was amended by S.I. 2003/1476, S.I. 2003/2066, S.I. 2006/3221 and S.I. 2011/1613. Regulation 2 was amended by S.I. 2003/1476, S.I. 2003/2066 and S.I. 2011/1613. Regulations 3 and 4 were amended by S.I. 2003/1476 and S.I. 2003/2066.

[^f00128]: S.I. 2001/2188. In regulation 2, the definition of “single market restrictions” was amended by S.I. 2013/504 and the regulation was amended by other instruments that are not relevant here. In regulation 9, paragraph (2) was amended by S.I. 2004/3379, S.I. 2006/3221, S.I. 2006/3413, S.I. 2007/3255 and S.I. 2011/1613, and paragraph (2A) was inserted by S.I. 2003/693 and amended by S.I. 2004/3379.

[^f00129]: OJ L 281 23/11/95, p.31.

[^f00130]: S.I. 2001/2509. Regulation 5 was amended by S.I. 2003/2066, S.I. 2004/1862 and S.I. 2007/3255.

[^f00131]: S.I. 2001/2511. Regulation 2(5) was amended by S.I. 2004/1862, regulation 3(4) was added by S.I. 2003/1473 and regulation 7 was amended by S.I. 2013/642.

[^f00132]: S.I. 2001/3755.

[^f00133]: S.I. 2003/1181.

[^f00134]: S.I. 2004/1862. In regulation 1, the definition of “regulated entity” was amended by S.I. 2006/3221, S.I. 2007/126, S.I. 2010/2628, S.I. 2011/1613 and S.I. 2013/472. Regulations 7, 9 and 10 have been amended by various instruments, none of which is relevant here.

[^f00135]: Paragraph 5(h) is inserted by paragraph 33(4) of Schedule 1 to these Regulations.

[^f00136]: S.I. 2004/1450. The definition of “non-UCITS retail scheme” was amended by S.I. 2010/582.

[^f00137]: S.I. 2005/1529.

[^f00138]: S.I. 2009/3001. Regulation 74 was amended by S.I. 2011/1211.

[^f00139]: S.I. 2012/2554.

[^f00140]: S.I. 2013/419.

[^f00141]: S.I. 2013/637.

[^f00142]: S.I. 2013/1119.

[^f00143]: OJ L 326, 8.12.2011, p.113.

Editorial notes

[^c21861861]: S.I. 2012/1759.

[^c21861871]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. By virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51) regulations may be made under section 2(2) of the European Communities Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993 (Cm 2183).

[^c21861881]: Paragraph 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51) and paragraph 2A was inserted by section 29 of that Act.

[^c21861891]: 2000 c. 8. Section 429(2) was amended by paragraph 12 of Schedule 15 to the Companies Act 2006 (c. 46), section 178 of the Banking Act 2009 (c. 1) and paragraph 33 of Schedule 2 to the Financial Services Act 2010 (c. 28).

[^c21861901]: 2006 c. 46.

[^c21861911]: Section 14A of the Interpretation Act 1978 (c. 30) (inserted by section 59 of the Enterprise and Regulatory Reform Act 2013 (c. 24)) provides that, where an Act provides a power to make subordinate legislation, that subordinate legislation may include a requirement to review the effectiveness of the legislation.

[^c21861921]: Section 417(1) provides that “prescribed” means prescribed in regulations made by the Treasury. Sections 183 and 188 were substituted by S.I. 2009/534 and section 188 was amended by section 26(2) of the Financial Services Act 2012. Section 213(10) was substituted by S.I. 2011/1613. Section 262 was amended by paragraph 9 of Schedule 18 to the 2012 Act and by S.I. 2001/1265. Section 349 was amended by paragraph 19 of Schedule 12 to the 2012 Act and by other provisions not relevant here. Paragraph 13(1)(b) of Schedule 3 was amended by S.I. 2007/126. Paragraph 14(1)(b) of Schedule 3 was amended by S.I. 2003/1473 and 2003/2066. Paragraph 22 of Schedule 3 was amended by paragraph 14 of Schedule 4 to the 2012 Act.

[^c21861931]: Section 785 was amended by section 112 of the Financial Services Act 2012 (c. 21).

[^c21861941]: In section 237(3) the definition of “authorised contractual scheme” was inserted by S.I. 2013/1388.

[^c21861951]: OJ L 83, 22.3.2013, p.1.

[^c21861961]: OJ L 174, 1.7.2011, p.1.

[^c21861981]: OJ L 115, 25.4.2013, p.18.

[^c21861991]: OJ L 115, 25.4.2013, p.1.

[^c21862001]: S.I. 2001/544.

[^c21862011]: Section 191G was substituted by S.I. 2009/534 and amended by section 26 of the Financial Services Act 2012.

[^c21862021]: OJ L 235, 23.9.2003, p.10.

[^c21862031]: OJ L 235, 23.9.2003, p.10.

[^c21862041]: Sections 55A to 55Z4 were substituted by section 11(2) of the Financial Services Act 2012.

[^c21862051]: 1986 c. 46. Section 1(1) was amended by section 204(1) and (3) of the Enterprise Act 2002 (c. 40) and section 5(1) of the Insolvency Act 2000 (c. 39).

[^c21862061]: Section 22 was amended by section 7 of the Financial Services Act 2012.

[^c21862071]: Article 76 was amended by S.I. 2011/2687.

[^c21862091]: OJ L 124, 20.5.2003, p. 36.

[^c21862111]: S.I. 2004/3426.

[^c21862121]: S.R. (NI) 2005 No. 47.

[^c21862131]: For companies registered under the Companies Act 2006 (c. 46), provisions about annual reports are contained in Part 15 of that Act.

[^c21862151]: S.I. 2001/1228.

[^c21862161]: Section 165 was amended by paragraph 15 of Schedule 2 to the Financial Services Act 2010 and paragraph 1 of Schedule 12 to the Financial Services Act 2012.

[^c21862171]: Section 66 was substituted by paragraph 5 of Schedule 12 to the Financial Services Act 2012.

[^c21862181]: Section 167 was amended by paragraph 7 of Schedule 12 to the Financial Services Act 2012 and by S.I. 2007/126.

[^c21862191]: Section 205 was amended by paragraphs 1 and 11 of Schedule 9 to the Financial Services Act 2012.

[^c21862201]: Section 206 was amended by section 10 of the Financial Services Act 2010 and by paragraphs 1 and 12 of Schedule 9 to the Financial Services Act 2012.

[^c21862211]: Section 169 was amended by paragraph 9 of Schedule 12 to the Financial Services Act 2012.

[^c21862221]: Section 170 was amended by paragraph 10 of Schedule 12 to the Financial Services Act 2012.

[^c21862231]: Section 171 was amended by S.I. 2007/126.

[^c21862241]: Section 174 was amended by paragraph 12 of Schedule 12 to the Financial Services Act 2012.

[^c21862251]: Section 175 was amended by paragraph 13 of Schedule 12 to the Financial Services Act 2012.

[^c21862261]: Section 176 was amended by paragraph 17 of Schedule 2 to the Financial Services Act 2010, paragraph 14 of Schedule 12 to the Financial Services Act 2012 and S.I. 2005/1433.

[^c21862271]: Section 176A was inserted by paragraph 15 of Schedule 12 to the Financial Services Act 2012.

[^c21862281]: Section 177 was amended by paragraph 8 of Schedule 8 to the Financial Services Act 2012 and S.I. 2001/1090.

[^c21862291]: Sections 207 to 211 were amended by paragraphs 18, 19 and 20 of Schedule 2 to the Financial Services Act 2010 and by paragraphs 1, 14, 15, 16, 17 and 18 of Schedule 9 to the Financial Services Act 2012. Schedule 1ZA was substituted by Schedule 3 to the 2012 Act.

[^c21862301]: OJ L 345, 31.12.2003, p.64.

[^c21862311]: Article 51ZD is substituted by paragraph 1(12) of Schedule 2 to these Regulations.

[^c21862321]: Article 51(1)(bb) was inserted by S.I. 2013/1388. Articles 51ZA to 51ZG are substituted for article 51 by paragraph 1(12) of Schedule 2 to these Regulations.

[^c21862331]: Section 20(1) was amended, and subsection (1A) was inserted, by paragraph 2 of Schedule 9 to the Financial Services Act 2012.

[^c21862341]: Article 42A is inserted by paragraph 1(10) of Schedule 2 to these Regulations.

[^c21862351]: Paragraph 11 is inserted by paragraph 1(17) of Schedule 2 to these Regulations.

[^c21862361]: Sections 1A and 1L were substituted by section 6 of the Financial Services Act 2012.

[^c21862371]: OJ L 177, 30.6.2006, p.201.

[^c21862381]: Section 59 was amended by section 14 of, and paragraph 3 of Schedule 5 to, the Financial Services Act 2012, and by S.I. 1012/1906.

[^c21862391]: Section 66(2) was substituted by paragraph 14 of Schedule 5 to the Financial Services Act 2012.

[^c21862401]: Section 168(4) was amended by paragraph 33 of Schedule 7 to the Counter-Terrorism Act 2008 (c. 28), paragraph 16 of Schedule 2 to the Financial Services Act 2010 and paragraph 8 of Schedule 12 to the Financial Services Act 2012, and by S.I. 2007/126 and S.I. 2012/2554.

[^c21862411]: Section 193(1) was amended by paragraph 31 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2011/1613.

[^c21862421]: Section 195A was inserted by S.I. 2007/126, substituted by S.I. 2011/1613, and amended by paragraph 35 of Schedule 4 to the Financial Services Act 2012 and S.I. 2012/916.

[^c21862431]: Section 199 was amended by paragraph 39 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613, S.I. 2012/916 and S.I. 2012/2015.

[^c21862441]: Section 204A was inserted by paragraph 10 of Schedule 9 to the Financial Services Act 2012.

[^c21862451]: Section 237 was amended by paragraph 9 of Schedule 18 to the Financial Services Act 2012 and by S.I. 2011/1613.

[^c21862461]: Section 261D was inserted by S.I. 2013/1388.

[^c21862471]: Sections 270 and 271 were amended by paragraphs 9 and 16 of Schedule 18 to the Financial Services Act 2012.

[^c21862481]: Sections 272 and 277 to 281 were amended by paragraph 9 of Schedule 18 to the Financial Services Act 2012.

[^c21862491]: Section 380 was amended by paragraph 19 of Schedule 9 to the Financial Services Act 2012.

[^c21862501]: Section 382 was amended by paragraph 21 of Schedule 9 to the Financial Services Act 2012.

[^c21862511]: Section 384 was amended by paragraph 23 of Schedule 9 to the Financial Services Act 2012 and S.I. 2007/126.

[^c21862521]: Section 398 was amended by paragraph 36 of Schedule 9 to the Financial Services Act 2012.

[^c21862531]: OJ L 115, 25.4.2013, p.1.

[^c21862541]: OJ L 115, 25.4.2013, p.18.

[^c21862551]: Section 417(1) was amended by paragraph 16 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16), section 964 of the Companies Act 2006 (c. 46), section 174 of the Banking Act 2009 (c. 1), paragraph 31 of Schedule 2 to the Financial Services Act 2010 and section 49 of the Financial Services Act 2012, and by S.I. 2002/1775, S.I. 2007/126, S.I. 2009/1941, S.I. 2010/22, S.I. 2012/916, S.I. 2012/1809, S.I. 2012/1906, S.I. 2012/2554 and S.I. 2013/504.

[^c21862561]: Section 425 was amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3253 and S.I. 2012/1906.

[^c21862571]: Schedule 1ZA was substituted for Schedule 1 by section 6 of, and Schedule 3 to, the Financial Services Act 2012.

[^c21862581]: Paragraph 1 was amended by S.I. 2000/2952, S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2007/3253.

[^c21862591]: Paragraph 4D was inserted by S.I. 2012/1906.

[^c21862601]: Paragraph 5 was amended by S.I. 2003/1473, S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/3221, S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613 and S.I. 2012/1906.

[^c21862611]: Paragraphs 5A, 7A and 10A were inserted by S.I. 2003/1473.

[^c21862621]: Paragraph 11C was inserted by S.I. 2011/1613.

[^c21862631]: Paragraph 13 was amended by paragraph 2 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2012/1906.

[^c21862641]: Paragraph 14 was amended by paragraph 3 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126 and S.I. 2012/1906.

[^c21862651]: Paragraph 19 was amended by paragraph 10 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/3253, S.I. 2011/1613, S.I. 2012/916 and S.I. 2012/1906.

[^c21862661]: Paragraph 20 was amended by paragraph 11 of Schedule 4 to the Financial Services Act 2012 and by S.I. 2001/1376, S.I. 2003/1473, S.I. 2003/2066, S.I. 2007/126, S.I. 2007/3253, S.I. 2011/1613 and S.I. 2012/1906.

[^c21862671]: Paragraph 20B was inserted by S.I. 201/1613 and amended by paragraph 13 of Schedule 4 to the Financial Services Act 2012.

[^c21862681]: Paragraph 28 was amended by paragraph 21 of Schedule 4 to the Financial Services Act 2000.

[^c21862691]: Schedule 5 was amended by S.I. 2003/2066.

[^c21862701]: Parts 1A to 1G of Schedule 6 were substituted by S.I. 2013/555.

[^c21862711]: 2008 c. 12 (N.I.); see section 185 and paragraph 1 of Schedule 9.

[^c21862721]: 1964 c. 33 (N.I.).

[^c21862731]: 2010 c. 13.

[^c21862741]: 1973 c. 41. Section 118(6A) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

[^c21862751]: 1989 c. 40. Section 176(8) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

[^c21862761]: 1994 c. 23. Item 9 and note (6) of Group 5 were substituted by S.I. 2008/2547.

[^c21862771]: 2000 c. 11. Paragraph 6(1A) was inserted by S.I. 2001/3649 and amended by S.I. 2006/3384.

[^c21862781]: 2006 c. 46.

[^c21862791]: 2011 c. 25.

[^c21862801]: Section 277A is inserted by paragraph 21 of this Schedule.

[^c21862811]: The definition of “overseas person” was amended by S.I. 2003/1475, S.I. 2003/1476, S.I. 2006/2383, S.I. 2006/3384 and S.I. 2009/1342. Other amendments to article 3 are not relevant here.

[^c21862821]: Article 4(2) was amended by S.I. 2009/1389.

[^c21862831]: Article 16 was amended by S.I. 2006/3384.

[^c21862841]: Articles 9AA, 51A, 52A, 58A and 60A were inserted by S.I. 2002/1776.

[^c21862851]: Article 12A was inserted by S.I. 2002/1776.

[^c21862861]: Articles 20 and 50 were amended by S.I. 2002/1776.

[^c21862871]: Articles 36(2) and 55(2) were added by S.I. 2003/1475 and amended by S.I. 2006/2383 and S.I. 2009/1342.

[^c21862881]: Article 63A was inserted by S.I. 2002/1776 and substituted by S.I. 2003/1475.

[^c21862891]: Articles 63B to 63I were inserted by S.I. 2006/2383.

[^c21862901]: Articles 63J to 63M were inserted by S.I. 2009/1342.

[^c21862911]: Article 24 was amended by S.I. 2002/1776 and S.I. 2003/1476.

[^c21862921]: Articles 36(1) and 55(1) were amended by S.I. 2002/1776, S.I. 2003/1475 and S.I. 2003/1476.

[^c21862931]: Article 39C was inserted by S.I. 2003/1476.

[^c21862941]: Article 36(3) was added by S.I. 2006/3384.

[^c21862951]: Articles 39 and 44 were amended by S.I. 2002/1776 and S.I. 2003/1476.

[^c21862961]: Article 51A was inserted by S.I. 2002/1776.

[^c21862971]: Article 64 was amended by S.I. 2002/682, S.I. 2006/3384 and S.I. 2009/1389.

[^c21862981]: Article 68 was amended by S.I. 2001/3544 and S.I. 2003/1476.

[^c21862991]: Article 72E was inserted by S.I. 2005/1518 and amended by S.I. 2006/3384 and S.I. 2007/2157.

[^c21863001]: Article 72A was inserted by S.I. 2002/1776 and amended by 2004/3379.

[^c21863011]: Schedule 5 was added by S.I. 2013/655.

[^c21863021]: OJ L 235, 23.9.2003, p10.

[^c21863031]: S.I. 1975/1023. The definition of “relevant collective investment scheme” in article 2(1) was inserted, and article 4(d) was substituted, by S.I. 2001/3816. Article 4 was further amended by S.I. 2013/472, S.I. 2013/1198 and other instruments not relevant here.

[^c21863041]: S.I. 1990/1504 (N.I. 10). Article 98(8) was inserted by S.I. 2001/3649.

[^c21863051]: S.I. 1998/1870. The definition of “non-UCITS retail scheme” was inserted by S.I. 2005/3350 and amended by S.I. 2008/704 and S.I. 2009/1994.

[^c21863061]: S.I. 2001/1060. Article 2 was amended by S.I. 2002/1310 and S.I. 2005/2114.

[^c21863071]: S.I. 2001/1062. Paragraph 5(2)(a) was amended by S.I. 2006/3384.

[^c21863081]: S.I. 2001/1177. Article 3 was amended by S.I. 2003/1476, S.I. 2006/1969 and S.I. 2006/3384.

[^c21863091]: S.I. 2001/1201. Article 5 was amended by S.I. 2003/1675, S.I. 2006/1969 and S.I. 2007/125.

[^c21863101]: S.I. 2001/1227. Article 4 was amended by S.I. 2001/3650, S.I. 2002/682, S.I. 2004/2737, S.I. 2006/1969 and S.I. 2012/1906.

[^c21863111]: S.I. 2001/1228. Regulation 15 was amended by S.I. 2003/2066, S.I. 2011/1265 and S.I. 2013/472.

[^c21863121]: S.I. 2001/1783. Regulation 1 was amended by S.I. 2003/1476, S.I. 2003/2066, S.I. 2006/3221 and S.I. 2011/1613. Regulation 2 was amended by S.I. 2003/1476, S.I. 2003/2066 and S.I. 2011/1613. Regulations 3 and 4 were amended by S.I. 2003/1476 and S.I. 2003/2066.

[^c21863131]: S.I. 2001/2188. In regulation 2, the definition of “single market restrictions” was amended by S.I. 2013/504 and the regulation was amended by other instruments that are not relevant here. In regulation 9, paragraph (2) was amended by S.I. 2004/3379, S.I. 2006/3221, S.I. 2006/3413, S.I. 2007/3255 and S.I. 2011/1613, and paragraph (2A) was inserted by S.I. 2003/693 and amended by S.I. 2004/3379.

[^c21863141]: OJ L 281 23/11/95, p.31.

[^c21863161]: S.I. 2001/2511. Regulation 2(5) was amended by S.I. 2004/1862, regulation 3(4) was added by S.I. 2003/1473 and regulation 7 was amended by S.I. 2013/642.

[^c21863171]: S.I. 2001/3755.

[^c21863181]: S.I. 2003/1181.