Financial Services and Markets Bill - continued        House of Commons

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SCHEDULE 5
 
  PERSONS CONCERNED IN COLLECTIVE INVESTMENT SCHEMES
 
Authorisation of UCITS etc
     1. - (1) A person who for the time being is an operator, trustee or depositary of a collective investment scheme-
 
 
    (a) seeking to carry on a regulated activity in the United Kingdom, and
 
    (b) satisfying the conditions set out in sub-paragraph (2),
  qualifies for authorisation.
 
      (2) The conditions are-
 
 
    (a) that the scheme is-
 
      (i) an undertaking for collective investment in transferable securities within the meaning of the UCITS Directive; or
 
      (ii) an open-ended investment company; and
 
    (b) such additional conditions as may be prescribed.
 
Permission
     2. - (1) A person qualifying for authorisation under paragraph 1 ("a UCITS qualifier") has permission to carry on, so far as it is a regulated activity-
 
 
    (a) any activity, in relation to the scheme, of the kind described in paragraph 8 of Schedule 2;
 
    (b) any activity in connection with, or for the purposes of, the scheme.
      (2) A UCITS qualifier must be issued by the Authority with a certificate of authorisation.
 
      (3) Section 48 applies to certificates of authorisation given under this paragraph as it applies to certificates of authorisation given under that section.
 
 
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