| Amendments proposed to the Financial Services and Markets Bill - continued | House of Commons |
| back to previous text | |
|
Mr David Heathcoat-Amory 377 *Clause 111, page 50, line 14, leave out from 'persons' to 'users' in line 16 and insert 'where it considers it likely that the conduct of authorised persons in the absence of such rules would result in undue risk to'.
Mr David Heathcoat-Amory 378 *Clause 111, page 50, line 17, leave out 'him' and insert 'them'.
Mr David Heathcoat-Amory 147 Clause 112, page 50, line 12, at end add—
Mr David Heathcoat-Amory 379 *Clause 112, page 51, line 13, at end insert—'(e) make provision for clients of specified categories to agree that such rules shall not apply to them'.
Mr David Heathcoat-Amory 148 Clause 112, page 51, line 32, at end add—'(9) If the Authority proposes to notify an authorised person under subsection (2)(a), it must give him a warning notice and, if it decides to impose the requirement, a decision notice as if the requirement to maintain resources at the appropriate level was the imposition of a penalty; and the authorised person may refer the matter to the Tribunal accordingly.'.
Mr David Heathcoat-Amory 380 *Clause 118, page 54, line 29, at end insert—'(4A) In determining whether compliance is unduly burdensome for the purposes of subsection (4)(a), the Authority shall take into account what conduct is permissible in comparable circumstances in other jurisdictions which are members of the Organisation for Economic Co-operation and Development.'.
Mr David Heathcoat-Amory 381 *Clause 118, page 54, leave out line 33.
Mr David Heathcoat-Amory 382 *Clause 118, page 54, line 34, leave out 'others' and insert 'authorised persons'.
Mr David Heathcoat-Amory 383 *Clause 125, page 57, line 14, leave out 'duties' and insert 'functions'.
Mr David Heathcoat-Amory 149 Clause 125, page 57, line 22, at end insert 'and must, if it does not accept one or more of the representations, and before the rule comes into force, publish the reasons why it does not.'.
Mr David Heathcoat-Amory 384 *Clause 125, page 57, line 31, after 'consumers' insert 'as defined in section 12(5)'.
Mr David Heathcoat-Amory 385 *Clause 127, page 58, line 20, leave out 'may' and insert 'shall'.
Mr David Heathcoat-Amory 386 *Clause 127, page 58, line 21, after 'its' insert 'general'.
Mr David Heathcoat-Amory 387 *Clause 127, page 58, leave out lines 24 and 25.
Mr David Heathcoat-Amory 388 *Clause 127, page 58, line 31, at end add—'(6) If a person behaves in a way which is described in general guidance as behaviour that, in the Authority's opinion, does not amount to a contravention of a rule, that behaviour of his is to be taken, for the purposes of this Act, as not constituting a convention of that rule. (7) Otherwise, general guidance may be relied on as far as it indicates whether or not that behaviour should be taken to amount to a contravention of a rule.'.
Mr David Heathcoat-Amory 150 Clause 144, page 69, line 22, at end insert 'or under section 177'.
Mr David Heathcoat-Amory 317 Clause 146, page 71, line 32, at end insert—'(5A) A warrant under this section shall not authorise the taking of possession of any documents or information to which legal professional privilege applies'.
Mr David Heathcoat-Amory 318 Clause 146, page 71, line 41, leave out 'justice of the peace or a'.
Mr David Heathcoat-Amory 151 Clause 149, page 73, line 17, after 'the', insert 'voting'.
Mr David Heathcoat-Amory 152 Clause 149, page 73, line 20, after 'the', insert 'voting'.
Mr David Heathcoat-Amory 153 Clause 149, page 73, leave out lines 43 and 44 and insert—'(5) In this section, a person shall not be regarded as being able to exercise or control the exercise of voting powers if he cannot do so in his own discretion.'.
Mr David Heathcoat-Amory 319 Clause 180, page 89, line 23, after '(b)', insert 'unless an appeal has been made to the Tribunal,'.
Mr David Heathcoat-Amory 154 Clause 208, page 105, line 9, after 'communicated', insert 'to a person in the United Kingdom'.
Mr David Heathcoat-Amory 155 Clause 208, page 105, line 11, after 'communicated,', insert 'to a person in the United Kingdom.'.
Mr David Heathcoat-Amory 156 Clause 338, page 170, line 15, leave out 'on which it relied' and insert 'relating to the matters covered by the warning notice'.
Mr David Heathcoat-Amory 157 Clause 340, page 171, line 39, leave out subsection (7).
Mr David Heathcoat-Amory 320 Clause 341, page 172, line 6, at end insert 'or'.
Mr David Heathcoat-Amory 321 Clause 341, page 172, line 8, leave out from 'otherwise' to end of line 11.
Mr David Heathcoat-Amory 322 Clause 341, page 172, line 14, leave out ', or is reckless as to whether it may induce,'.
Mr Andrew Smith 201 Clause 352, page 179, line 16, at end insert—'"Part XVI qualifier" has the meaning given in paragraph 1 of Schedule 5;'.
Mr Andrew Smith 202 Clause 352, page 180, leave out lines 2 to 5.
Mr David Heathcoat-Amory 158 Clause 356, page 183, line 4, at end add—'(8) An agreement or arrangement is not within subsection (4)(g) if the agreement or arrangement is for either H or the other person to acquire, hold or dispose of shares or other interests as agent or nominee on behalf of the other without it or the other person being able to exercise or control the exercise of voting powers in his own discretion.'.
|
| |
| ©Parliamentary copyright 1998 | Prepared 26 Oct 1999 |