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Financial Services Act 2021

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This is the original version (as it was originally enacted).

Financial Services and Markets Act 2000 (c. 8)

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5After section 137A insert—

137AAThe FCA’s general rules: Gibraltar

(1)The FCA’s general rules may not make provision prohibiting a Gibraltar-based person from carrying on, or holding itself out as carrying on, an activity which it has a Schedule 2A permission to carry on in the United Kingdom.

(2)Subsection (1) does not apply to rules described in section 137C, 137D or 137FD.

(3)The Treasury may by regulations impose other limitations on what provision applying to Gibraltar-based persons with a Schedule 2A permission to carry on a regulated activity may be made in the FCA’s general rules, but may not impose limitations relating to rules described in section 137C, 137D or 137FD.

(4)Before making regulations under subsection (3), the Treasury must consult the FCA.

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