Investor Compensation Act, 1998

Amendment of section 2(7) of Act of 1995.

44.—Section 2 of the Act of 1995 is hereby amended by the substitution for subsection (7) of the following:

“(7) Notwithstanding subsection (1) of this section, or any provision of Part VII of this Act, a solicitor in respect of whom a practising certificate (within the meaning of the Solicitors Acts, 1954 to 1994) is in force shall not be an investment business firm by virtue of the provision in a manner incidental to the provision of legal services of investment business services or investment advice, where—

(a) he does not hold himself out as being an investment business firm, and

(b) when acting as an investment product intermediary he does not hold an appointment in writing other than from—

(i) an investment firm authorised in accordance with Directive 93/22/EEC of 10 May 1993(1) by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment productintermediary or a certified person), or a member firm within the meaning of the Stock Exchange Act, 1995 , or

(ii) a credit institution authorised in accordance with Directives 77/780/EEC of 12 December, 1977(1) and 89/646/EEC of 15 December, 1989(2) , or

(iii) a manager of a collective investment undertaking authorised to market units in collective investments to the public,

which is situate in the State or the relevant branch of which is situate in the State.”.

(1)O.J. No. L.141, 11/6/93.

(1)O.J. No. L.322, 17/12/77.

(2)O.J. No. L.386, 30/12/89.