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operator

  1. (1) (except in32 EG 32 ):
    1. (a) (in relation to an AUT) the manager;
    2. (aa) (in relation to an ACS) the authorised contractual scheme manager;54
    3. (b) (in relation to an ICVC) that company or, if applicable, the authorised corporate director;
    4. (ba) [deleted]117
    5. (c) (except in relation to a recognised scheme)117 (in relation to any other collective investment scheme that is a unit trust scheme with a separate trustee) any person who, under the trust deed establishing the scheme, is responsible for the management of the property held for or within the scheme;
    6. (ca) (except in relation to a recognised scheme)117 (in relation to any other collective investment scheme that is a contractual scheme) any person who, under the constituent instrument, is responsible for the management of the property held for or within the scheme;54
    7. (d) (except in relation to a recognised scheme)117 (in relation to any other collective investment scheme that is an open-ended investment company) that company or, if applicable, any person who, under the constitution or founding arrangements of the scheme, is responsible for the management of the property held for or within the scheme;
    8. (e) (except in relation to a recognised scheme)117 (in relation to any other collective investment scheme) any person who, under the constitution or founding arrangements of the scheme, is responsible for the management of the property held for or within the scheme;
    9. (ea) (in relation to a recognised scheme) in accordance with section 237(2) of the Act, the legal entity with overall responsibility for the management and performance of the functions of the scheme;117
    10. (f) (in relation to an investment trust savings scheme) any person appointed, by those responsible for managing the property of the investment trust, to manage the investment trust savings scheme;24
    11. (g) (in relation to a personal pension scheme or stakeholder pension scheme) the person who carries on the regulated activity specified in article 52 of the Regulated Activities Order (Establishing etc. a pension scheme).24
  2. (2) (in32 EG 32 ) (in accordance with section 237(2) of the Act (Other definitions)):
    1. (a) (in relation to a unit trust scheme with a separate trustee) the manager;
    2. (b) (in relation to an OEIC which is an undertaking for collective investment in transferable securities within the meaning of the UCITS Directive and which has appointed a person to manage the scheme) the manager;
    3. (c) (in relation to any other OEIC) the company.438
  3. (3) (in FEES 1 and FEES 9), any person with responsibility under a payment system for managing or operating it; and any reference to the operation of a payment system includes a reference to its management.69 It does not include the Bank of England.94 6980