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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. โ€”(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 forceโ€”

(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 โ€”

โ€œthe Actโ€ means the Financial Services and Markets Act 2000;

โ€œcontrolled activityโ€ means an activity which falls within Part I of Schedule 1 to the Financial Promotion Order other than an activity which falls withinโ€”

(a)

paragraph 9 or 10 of that Schedule, or

(b)

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

โ€œcontrolled investmentโ€ 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;

โ€œthe Financial Promotion Orderโ€ 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 Actโ€”

(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 Lloydโ€™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 Actโ€”

(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 Majestyโ€™s Treasury

9th November 2001

( 1 )

2000 c. 8 .

( 2 )

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

( 3 )

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

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)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
controlled activityart. 2.controlled_rtwjmyM
controlled investmentart. 2.controlled_rtzSYHu
the Actart. 2.the_Act_rtrwJxs
the Financial Promotion Orderart. 2.the_Financ_rtO2W07
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This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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