The Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) (No.2) Order 2008

• Citation: S.I. 2008/1813
• Sections: 2

Section 1 Citation and commencement

(1) This Order may be cited as the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) (No.2) Order 2008.

(2) This Order comes into force on 14th July 2008.

Section 2 Amendment of the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2008

(1) The Financial Services and Markets Act 2000 (Collective Investment Schemes)(Amendment) Order 2008 is amended as follows.

(2) In paragraph 9 (schemes entered into for commercial purposes wholly or mainly related to existing business) of the Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 as substituted by article 2(2)—

(a) in sub-paragraph (1)(b)(ii), for “irrevocably agrees in writing”, substitute “agrees in writing in respect of the remaining life of the arrangements”;

(b) in sub-paragraph (3), for the words from “each person” to the end, substitute “at any time each person which is at that time a permitted participant agrees in writing in respect of the life of the arrangements that the arrangements amount to a collective investment scheme”;

(c) in sub-paragraph (5), in paragraph (b) of the definition of “permitted participant”, after “unincorporated association” insert “,”;

(d) for sub-paragraph (7) substitute—

(7) An agreement made in respect of any arrangements in accordance with the provisions of sub-paragraph (1)(b)(ii) or sub-paragraph (3) is not affected by—

(a) the entry into such arrangements by any person as a further participant;

(b) the exit from such arrangements of any participant;

(c) any later agreement in writing or otherwise under which, contrary to the earlier agreement, such arrangements do or, as the case may be, do not amount to a collective investment scheme.