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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

2(1)Paragraph 13 (establishment) is amended as follows.

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

(3)After sub-paragraph (1A) insert—

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

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

(1D)In a case where the FCA is the appropriate UK regulator, the consent of the PRA is required for any notice by the FCA for the purposes of sub-paragraph (1)(ba) which relates to—

(a)a PRA-regulated activity,

(b)a PRA-authorised person, or

(c)a person whose immediate group includes a PRA-authorised person.

(1E)If the FCA—

(a)receives a consent notice, or

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

it must prepare for the firm's supervision.

(1F)If the PRA—

(a)receives a consent notice, or

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

it must prepare for the firm's supervision.

(4)In sub-paragraph (2)—

(a)for “Authority” substitute “appropriate UK regulator”, and

(b)omit paragraph (a).

(5)In sub-paragraph (3), for “Authority” substitute “appropriate UK regulator”.

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