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Financial Services and Markets Act 2000

Financial Services and Markets Act 2000 Sch 18 para 14

Sch 18 para 14

(1) Schedule 8 to the 1992 Act (provisions supplementing section 13) is amended as follows. (2) Omit paragraph 3(2). (3) After paragraph 3 insert— (3A) (1) A body is to be treated for the purposes of section 13(9) as having the right to appoint to a directorship if— (a) a person’s appointment to the directorship follows necessarily from his appointment as an officer of that body; or (b) the directorship is held by the body itself. (2) A body (“ B ”) and some other person (“ P ”) together are to be treated, for the purposes of section 13(9), as having the right to appoint to a directorship if— (a) P is a body corporate which has directors and a person’s appointment to the directorship follows necessarily from his appointment both as an officer of B and a director of P; (b) P is a body corporate which does not have directors and a person’s appointment to the directorship follows necessarily from his appointment both as an officer of B and as a member of P’s managing body; or (c) the directorship is held jointly by B and P. (3) For the purposes of section 13(9), a right to appoint (or remove) which is exercisable only with the consent or agreement of another person must be left out of account unless no other person has a right to appoint (or remove) in relation to that directorship. (4) Nothing in this paragraph is to be read as restricting the effect of section 13(9). (4) In paragraph 9 (exercise of certain rights under instruction by, or in the interests of, incorporated friendly society) insert at the end “ or in the interests of any body over which the society has joint control ” .

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