Financial Services and Markets Bill — 30 Mar 2000 at 21:41

Clause 319 [Directions in relation to the general prohibition]:

moved Amendments Nos. 260 to 262:

Page 167, line 14, at end insert--

("( ) A direction under subsection (1) must be published in the way appearing to the Authority to be best calculated to bring it to the attention of the public.

( ) The Authority may charge a reasonable fee for providing a person with a copy of the direction.

( ) The Authority must, without delay, give the Treasury a copy of any direction which it gives under this section."). Page 167, line 29, after ("use,") insert ("have used or are").

Page 167, line 34, at end insert--

("( ) If a member of a profession is carrying on an exempt regulated activity in his capacity as a trustee, the persons who are, have been or may be beneficiaries of the trust are to be treated as persons who use, have used or are or may be contemplating using services provided by that person in his carrying on of that activity.").

On Question, amendments agreed to.

Clause 319, as amended, agreed to.

Clauses 320 to 323 agreed to.

moved Amendment No. 262A:

After Clause 323, insert the following new clause--


(" .--(1) A person who--

(a) describes himself (in whatever terms) as a person to whom the general prohibition does not apply, in relation to a particular regulated activity, as a result of this Part, or

(b) behaves, or otherwise holds himself out, in a manner which indicates (or which is reasonably likely to be understood as indicating) that he is such a person,

is guilty of an offence if he is not such a person.

(2) In proceedings for an offence under this section it is a defence for the accused to show that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.

(4) But where the conduct constituting the offence involved or included the public display of any material, the maximum fine for the offence is level 5 on the standard scale multiplied by the number of days for which the display continued.").

On Question, amendment agreed to.

Clause 324 agreed to.

Schedule 17 agreed to.

Clauses 325 to 330 agreed to.

Clause 331 [Auditor or actuary's access to books etc.]:

moved Amendment No. 263:

Page 173, line 32, leave out ("thinks") and insert ("reasonably considers").

On Question, amendment agreed to.

Clause 331, as amended, agreed to.

Clauses 332 to 336 agreed to.

Clause 337 [The record of authorised persons etc.]:

moved Amendment No. 263A:

Page 176, line 8, at end insert--

("( ) approved persons within the meaning of section 63(13);").

On Question, Whether the said amendment (No. 263A) shall be agreed to?

Their Lordships divided: Contents, 24; Not-Contents, 57.

Debate in Parliament | Historical Hansard | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Not-Content)Minority (Content)Turnout
Con0 20 (+2 tell)9.8%
Crossbench1 00.6%
Lab54 (+2 tell) 031.8%
LDem0 23.8%
Total:55 2213.1%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

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no rebellions

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