Citation, commencement and extent

1. —(1) These Regulations may be cited as the Packaged Retail and Insurance-based Investment Products (Retail Disclosure) (Amendment) Regulations 2024.

(2) These Regulations come into force on the day after the day on which they are made.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment of the PRIIPs Regulation

2. —(1) Article 2 of Regulation (EU) No 1286/2014 3 ) is amended as follows.

(2) In paragraph 2 (products to which the Regulation does not apply), after point (g) insert—

“ (h) shares in a closed-ended investment company that is UK-listed. ” .

(3) After paragraph 2 insert—

“ 3. For the purposes of paragraph 2(h)—

(a) “ closed-ended investment company ” means a company that meets conditions A to D;

(b) a closed-ended investment company is “UK-listed” if all of the company’s ordinary shares (of each class if there is more than one) are admitted to trading on a UK regulated market or a UK multilateral trading facility.

4. Condition A is that all, or substantially all, of the business of the company is investing its funds in shares, land or other assets with the aim of spreading investment risk and giving members of the company the benefit of the results of the management of its funds.

5. Condition B is that the company raises funds by offering, on one or more occasions, a fixed number of shares to the public.

6. Condition C is that the company’s shareholders are not entitled to have their shares in the company redeemed or repurchased out of funds provided by the company.

7. Condition D is that the company is not a venture capital trust within the meaning of section 259(1) of the Income Tax Act 2007 ( 4 ) .

8. In paragraph 3, “UK regulated market” and “UK multilateral trading facility” have the meanings given in point (13A) and (14A) respectively of Article 2 of the markets in financial instruments regulation (definitions). ” .

Amendment of Commission Delegated Regulation (EU) 2017/565

3. —(1) Commission Delegated Directive 2014/65/EU 5 ) is amended as follows.

(2) In Article 2 (definitions), after point (16C) insert—

“ (16D) “closed-ended investment company that is UK-listed” is to be interpreted in accordance with Article 2(3) of Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products; ” .

(3) In Article 50 (information on costs and associated charges), in paragraph 2(b), after “instruments” insert “, except any costs of manufacturing and managing shares in a closed-ended investment company that is UK-listed” .

(4) In Article 51 (information provided in relation to units in collective investment undertaking or PRIIPs)—

(a) the existing text becomes paragraph 1;

(b) after that paragraph insert—

“ 2. The requirements in paragraph 1 do not include any costs of manufacturing and managing shares in a closed-ended investment company that is UK-listed. ” .