PR 1.1 Preliminary
Application
-
(1)
1PR 2, PR 3, PR 4.2, PR 5.1, PR 5.3.1 UK to PR 5.3.3 G and PR 5.5 only apply (subject to paragraph (2)) in relation to:
- (a)
an offer, or a request for admission to trading of transferable securities, in respect of which section 85 of the Act applies (other than an exempt offer under section 86 of the Act) and in relation to which the United Kingdom is the Home State;
- (b)
an offer, or a request for admission to trading of transferable securities, where under section 87 of the Act a person has elected to have a prospectus in relation to the transferable securities; and
- (c)
an offer, or a request for admission to trading of transferable securities, not referred to in paragraphs (a) or (b), in relation to which the United Kingdom is the Home State.
- (a)
-
(2)
PR 2, PR 3, PR 4.2 , PR 5.3.1 UK to PR 5.3.3 G also apply in relation to an offer, or a request for admission to trading of transferable securities, where another competent authority of an EEA State has transferred the function of approving the prospectus to the FSA.
FSA exercising functions as competent authority
In relation to the prospectus rules, the FSA is exercising functions as the competent authority under Part 6 of the Act (see section 72(1) of the Act).
Note: When exercising its functions as the competent authority under Part 6 of the Act, the FSA may use the name the UK Listing Authority.
Persons responsible for complying with rules
If a rule does not specify who is responsible for complying with it, then the following persons must comply with it:
-
(1)
in relation to an offer:
-
(2)
in relation to a request for the admission to trading of transferable securities:
- (a)
the issuer; and
- (b)
the person requesting admission to trading (if this is a person other than the issuer).
- (a)
An issuer is not responsible under PR 1.1.4R (1)(a) or (2)(a) if it has not authorised or made the offer or the request for the admission to trading.
Provisions implementing the prospectus directive
The following documents need to be considered together todetermine the effect of the prospectus directive:
- (1)
-
(2)
the PD Regulation;
-
(3)
these rules; and
-
(4)
the CESR recommendations.
To assist readers, extracts from the Act andthe PD Regulation are reproduced in the text of these rules. Readers should however consult those documents themselves to see the full text.
CESR recommendations
In determining whether Part 6 of the Act, these rules andthe PD Regulation has been complied with, the FSA will take into account whether a person has complied with the CESR recommendations.
Application of rules to supplementary prospectuses
Unless the context otherwise requires, a reference in these rules to a prospectus includes a supplementary prospectus.