Financial Services and Markets Bill - continued        House of Commons

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SCHEDULE 5
 
  PERSONS CONCERNED IN COLLECTIVE INVESTMENT SCHEMES
 
Authorisation
     1. - (1) A person who for the time being is an operator, trustee or depositary of a recognised collective investment scheme seeking to carry on a regulated activity in the United Kingdom qualifies for authorisation.
 
      (2) "Recognised" means recognised by virtue of section 235.
 
      (3) An operator of an authorised open-ended investment company qualifies for authorisation.
 
      (4) A person who qualifies for authorisation under this paragraph is referred to in this Act as "a Part XVI qualifier".
 
 
Permission
     2. - (1) A person qualifying for authorisation under paragraph 1(1) 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 person qualifying for authorisation under paragraph 1(3) has permission to carry on, so far as it is a regulated activity-
 
 
    (a) the operation of the scheme;
 
    (b) any activity in connection with, or for the purposes of, the operation of the scheme.
      (3) A person qualifying for authorisation under paragraph 1(1) must be issued by the Authority with a certificate of authorisation.
 
      (4) Section 48 applies to certificates of authorisation issued under this paragraph as it applies to certificates of authorisation issued under that section.
 
 
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