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instrument constituting the scheme

      1. (a) (in relation to an ICVC) the instrument of incorporation;
      1. (b) (in relation to an AUT) the trust deed;
      1. (ba) (in relation to an EEA UCITS scheme) the fund rules or instrument of incorporation of such a scheme;99
      1. (c) (in relation to a collective investment scheme other than an authorised fund or an EEA UCITS scheme)99 any instrument to which the operator is a party setting out any arrangements with any other person relating to any aspect of the operation or management of the scheme.5