- Statutory Instrument 2001 No. 3645
The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001
© Crown Copyright 2001
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001, ISBN 0 11 038956 5. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| 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
(This note is not part of the Order)
This Order specifies certain kinds of activity and investment for the purposes of section 397(9)(a) and (10) of the Financial Services and Markets Act 2000 ("the Act").
An agreement, the entering into or performance of which constitutes an activity of the kind specified by article 3, and which relates to an investment of the kind specified by article 4, is a relevant agreement for the purposes of section 397 of the Act. Misleading statements and practices of the kind referred to in section 397(1) to (3) of the Act are criminal offences if made, or engaged in, in connection with a relevant agreement or an investment of the kind specified by article 4.
Notes:
[1] 2000 c. 8.back
[2] S.I. 2001/1335, amended by S.I. 2001/2633.back
[3] S.I. 2001/544, amended by S.I. 2001/3544.back
ISBN 0 11 038956 5