[F1194C.Contravention by relevant EEA firm with UK branch of requirement in mortgages directive: appropriate regulator primarily responsible for securing complianceU.K.
(1)In this section “relevant EEA firm” means an EEA firm falling within paragraph 5(i) of Schedule 3 which is exercising in the United Kingdom an EEA right deriving from the mortgages directive.
(2)This section applies if —
(a)a relevant EEA firm has a branch in the United Kingdom; and
(b)the appropriate regulator ascertains that the firm has contravened, or is contravening, a requirement to which Article 34(2) of the mortgages directive applies.
(3)The appropriate regulator must give the firm written notice which—
(a)requires the relevant EEA firm to put an end to the contravention;
(b)states that the appropriate regulator’s power of intervention will become exercisable in relation to the firm if the firm continues the contravention; and
(c)indicates any requirements that the appropriate regulator proposes to impose on the firm in exercise of its power of intervention in the event of the power becoming exercisable.
(4)The appropriate regulator may exercise its power of intervention in respect of the relevant EEA firm if—
(a)a reasonable time has expired since the giving of the notice under subsection (3);
(b)the firm has failed to put an end to the contravention within that time; and
(c)the appropriate regulator has informed the firm’s home state regulator of its intention to exercise its power of intervention in respect of the firm.
(5)Subsection (4) applies whether or not the appropriate regulator’s power of intervention is also exercisable as a result of section 194.
(6)If the appropriate regulator exercises its power of intervention in respect of a relevant EEA firm by virtue of subsection (4), it must at the earliest opportunity inform the firm’s home state regulator and the Commission of—
(a)the fact that the appropriate regulator has exercised that power in respect of the firm; and
(b)any requirements it has imposed on the firm in exercise of the power.
(7)Subsection (3) is not to be regarded as requiring the PRA to take action in relation to the contravention of a requirement falling within subsection (2)(b) in a case where it is satisfied that the FCA is required to act, and is acting or has acted, under subsection (3) in relation to that requirement.
(8)In this section “appropriate regulator” means—
(a)where the relevant EEA firm is a PRA-authorised person, the FCA or, subject to subsection (7), the PRA;
(b)in any other case, the FCA.]
Textual Amendments
F1S. 194C inserted (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), art. 1(5), Sch. 1 para. 1(5) (with Pt. 4)