Finance Act 2010

Amendment of section 1035A (relieving provision to section 1035) of Principal Act.

32.— (1) Section 1035A of the Principal Act is amended in subsection (1)—

(a) in the definition of “ authorised agent ” in paragraph (a)(ii) by substituting “revoked,” for “revoked, or”, in paragraph (b) by substituting “revoked, or” for “revoked,” and by inserting the following paragraph after paragraph (b):

“(c) a company—

(i) authorised under any laws of the State that implement the relevant Directives, and

(ii) which carries on a trade which consists of or includes the management of unit trusts, common contractual funds or investment companies, or any combination thereof, each of which is a relevant UCITS,”,

(b) in the definition of “investment business services” by substituting “1995;” for “1995.”, and

(c) after the definition of “investment business services” by inserting the following:

“ ‘relevant Directives’ means Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 3 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), and any Directive amending that Directive;

‘relevant UCITS’ means an undertaking for collective investment in transferable securities—

(i) to which the relevant Directives apply, and

(ii) which is formed under the laws of any of the Member States of the European Union other than the State.”.

(2) This section comes into operation on the passing of this Act.

3 OJ No. L302 of 17 November 2009, p.32