Part XXVIII Miscellaneous

Third countries

I1408EFTA firms.

1

If a third country decision has been taken, the Treasury may make a determination in relation to an EFTA firm which is a subsidiary undertaking of a parent undertaking which is governed by the law of the country to which the decision relates.

2

Determination” means a determination that the firm concerned does not qualify for authorisation under Schedule 3 even if it satisfies the conditions in paragraph 13 or 14 of that Schedule.

3

A determination may also be made in relation to any firm falling within a class specified in the determination.

4

The Treasury may withdraw a determination at any time.

5

But withdrawal does not affect anything done in accordance with the determination before it was withdrawn.

6

If the Treasury make a determination in respect of a particular firm, or withdraw such a determination, they must give written notice to that firm.

7

The Treasury must publish notice of any determination (or the withdrawal of any determination)—

a

in such a way as they think most suitable for bringing the determination (or withdrawal) to the attention of those likely to be affected by it; and

b

on, or as soon as practicable after, the date of the determination (or withdrawal).

8

EFTA firm” means a firm, institution or undertaking which—

a

is an EEA firm as a result of paragraph 5(a), (b) or (d) of Schedule 3; and

b

is incorporated in, or formed under the law of, an EEA State which is not a member State.

9

Third country decision” has the same meaning as in section 405.