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SCHEDULES

SCHEDULE 4EEA passport rights and treaty rights

PART 1Amendments of Schedule 3 to FSMA 2000: EEA passport rights

Exercise of passport rights by EEA firms

3(1)Paragraph 14 (services) is amended as follows.

(2)In sub-paragraph (1), for “Authority”, in each place, substitute “appropriate UK regulator”.

(3)After sub-paragraph (1) insert—

(1A)Relevant notice” means—

(a)a regulator's notice, or

(b)where none is required by sub-paragraph (1), a notice informing the appropriate UK regulator of the firm's intention to provide services in the United Kingdom.

(1B)Where the PRA receives a relevant notice, it must give a copy to the FCA without delay.

(1C)Where the FCA receives a relevant notice, it must in prescribed cases give a copy to the PRA without delay.

(1D)If the FCA—

(a)receives a relevant notice, or

(b)receives under sub-paragraph (1B) a copy of a relevant notice,

it must prepare for the firm's supervision.

(1E)If the PRA—

(a)receives a relevant notice, or

(b)receives under sub-paragraph (1C) a copy of a relevant notice which identifies PRA-regulated activities or relates to a PRA-authorised person,

it must, unless the firm falls within paragraph 5(e), prepare for the firm's supervision.

(4)For sub-paragraph (2) substitute—

(2)If the appropriate UK regulator has received a relevant notice, it must, unless the firm falls within paragraph 5(a) or (e), notify the firm of the applicable provisions (if any).

(5)Omit sub-paragraph (2A).

(6)In sub-paragraph (3)—

(a)for “(2)(b)” substitute “(2)”, and

(b)for the words from “Authority” to the end substitute “appropriate UK regulator received the relevant notice”.

(7)In sub-paragraph (4), after the definition of “applicable provisions” insert—