Part XXVIII Miscellaneous

Third countries

409 Gibraltar.

1

The Treasury may by order—

a

modify Schedule 3 so as to provide for Gibraltar firms of a specified description to qualify for authorisation under that Schedule in specified circumstances;

b

modify Schedule 3 so as to make provision in relation to the exercise by UK firms of rights under the law of Gibraltar which correspond to EEA rights;

c

modify Schedule 4 so as to provide for Gibraltar firms of a specified description to qualify for authorisation under that Schedule in specified circumstances;

d

modify section 264 so as to make provision in relation to collective investment schemes constituted under the law of Gibraltar;

F2e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

provide for this Act to apply to a Gibraltar recognised scheme as if the scheme were a scheme recognised under section 264.

2

The fact that a firm may qualify for authorisation under Schedule 3 as a result of an order under subsection (1) does not prevent it from applying for a F3Part 4A permission.

3

Gibraltar firm” means a firm which has its head office in Gibraltar or is otherwise connected with Gibraltar.

4

Gibraltar recognised scheme” means a collective investment scheme—

a

constituted in an EEA State other than the United Kingdom, and

b

recognised in Gibraltar under provisions which appear to the Treasury to give effect to the provisions of a relevant F1EU instrument.

5

Specified” means specified in the order.

6

UK firm” and “EEA right” have the same meaning as in Schedule 3.