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Statutory Instruments

2001 No. 3645

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001

Made

9th November 2001

Laid before Parliament

9th November 2001

Coming into force in accordance with article 1(2)

The Treasury, in exercise of the powers conferred on them by section 397(9), (10) and (14) of the Financial Services and Markets Act 2000( 1 ), hereby make the following Order:

Citation and commencement

1. —(1) This order may be cited as the Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001.

(2) This Order comes into force—

(a) for the purposes of articles 3(b) and 4(b), on 1st January 2002;

(b) for the purposes of articles 3(c) and 4(c), on 1st September 2002;

(c) for all other purposes, on 1st December 2001.

Interpretation

2. In this Order —

“the Act” means the Financial Services and Markets Act 2000;

“controlled activity” means an activity which falls within Part I of Schedule 1 to the Financial Promotion Order other than an activity which falls within—

(a)

paragraph 9 or 10 of that Schedule, or

(b)

paragraph 11 so far as relating to paragraph 9 or 10;

“controlled investment” means an investment which falls within Part II of Schedule 1 to the Financial Promotion Order other than an investment which falls within paragraph 25 or 26 of that Schedule;

“the Financial Promotion Order” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001( 2 ).

Specified kinds of activity

3. The following kinds of activity are specified for the purposes of section 397(9)(a) of the Act—

(a) a controlled activity;

(b) an activity which falls within paragraph 9 (providing funeral plan contracts) of Schedule 1 to the Financial Promotion Order, or agreeing to carry on such an activity;

(c) an activity which falls within paragraph 10 (providing qualifying credit) of that Schedule, or agreeing to carry on such an activity;

(d) an activity of the kind specified by article 45 (sending dematerialised instructions), 51 (establishing etc. a collective investment scheme), 52 (establishing etc. a stakeholder pension scheme) or 57 (managing the underwriting capacity of a Lloyd’s syndicate) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001( 3 ).

Specified kinds of investment

4. The following kinds of investment are specified for the purposes of section 397(10) of the Act—

(a) a controlled investment;

(b) an investment which falls within paragraph 25 (funeral plan contracts) of Schedule 1 to the Financial Promotion Order;

(c) an investment which falls within paragraph 26 (agreements for qualifying credit) of that Schedule.

John Heppell

Tony McNulty

Two of the Lords Commissioners of Her Majesty’s Treasury

9th November 2001

( 1 )

( 2 )

S.I. 2001/1335 , amended by S.I. 2001/2633 .

( 3 )

S.I. 2001/544 , amended by S.I. 2001/3544 .

1. Citation and commencement

2. Interpretation

3. Specified kinds of activity

4. Specified kinds of investment

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001 (2001/3645)

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footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj

Defined Term	Section/Article	ID	Scope of Application
controlled activity	art. 2.	controlled_rtJmZax
controlled investment	art. 2.	controlled_rtjJOPv
the Act	art. 2.	the_Act_rtVqTYG
the Financial Promotion Order	art. 2.	the_Financ_rtLDwD4

Sort descending by Changed Legislation	Sort descending by Year and Number	Changed Provision	Type of effect	Sort descending by Affecting Legislation Title	Sort descending by Year and Number	Affecting Provision	Sort descending by Changes made to website text	Note
Changes that affect				Made by
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	Order	revoked	The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013	2013 No. 472	Sch. 1	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 2	words inserted	The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003	2003 No. 1476	art. 17(2)(a)	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 2	words inserted	The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003	2003 No. 1476	art. 17(2)(b)	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 3(d)	words substituted	The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003	2003 No. 1476	art. 17(3)(a)	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 3(e)	inserted	The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2003	2003 No. 1476	art. 17(3)(b)	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 2	words substituted	The Financial Services and Markets Act 2000 (Misleading Statements and Practices) (Amendment) Order 2003	2003 No. 1474	art. 2(2)	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 3(ca)	inserted	The Financial Services and Markets Act 2000 (Misleading Statements and Practices) (Amendment) Order 2003	2003 No. 1474	art. 2(3)	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 1(2)(b)	words substituted	The Financial Services and Markets Act 2000 (Commencement of Mortgage Regulation) (Amendment) Order 2002	2002 No. 1777	art. 6(2)	Not yet
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001	2001 No. 3645	art. 1(3)	inserted	The Financial Services and Markets Act 2000 (Commencement of Mortgage Regulation) (Amendment) Order 2002	2002 No. 1777	art. 6(3)	Not yet

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Changes that affect				Made by

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