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The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 No. 1149

  1. Introductory Text

  2. PART 1 General provision

    1. 1.Citation, commencement and interpretation

  3. PART 2 Repeal of passport rights, etc., under Part 3 of the Financial Services and Markets Act 2000

    1. 2.Repeal of passport rights, etc.

    2. 3.Consequential amendments

    3. 4.Saving provision: tax

  4. PART 3 Transitional and saving provision: applications for permission to carry on a regulated activity

    1. CHAPTER 1 Modifications of Part 4A of the Financial Services and Markets Act 2000

      1. 5.Persons to whom the modifications of Part 4A of the Financial Services and Markets Act 2000 apply

      2. 6.Modifications of Part 4A of the Financial Services and Markets Act 2000

      3. 7.Persons who cease to be authorised to carry on a regulated activity before exit day

    2. CHAPTER 2 Temporary permission to carry on a regulated activity

      1. 8.Deemed permission under Part 4A of the Financial Services and Markets Act 2000

      2. 9.Application of regulation 8

      3. 10.Conditions to be satisfied for regulation 8 to apply

    3. CHAPTER 3 Temporary variation to carry on additional regulated activity

      1. 11.Deemed variation under Part 4A of the Financial Services and Markets Act 2000

      2. 12.Application of regulation 11

      3. 13.Conditions to be satisfied for regulation 11 to apply

    4. CHAPTER 4 Temporary permission and variation: procedure, etc.

      1. 14.Steps to be taken before exit day: application or notification

      2. 15.Regulator’s response

      3. 16.Further information to be supplied by a person to whom regulation 8 or 11 applies

    5. CHAPTER 5 Temporary permission and variation: duration

      1. 17.Period during which regulation 8 or 11 is to apply

    6. CHAPTER 6 Savings

      1. 18.Requirements imposed by a domestic regulator

      2. 19.Requirements imposed by a home state regulator

    7. CHAPTER 7 General provision

      1. 20.Directions

      2. 21.Interpretation

  5. PART 4 Transitional provision: miscellaneous

    1. 22.Persons to whom the modifications in regulations 23 to 25 apply

    2. 23.Performance of regulated activities - modifications of Part 5 of the Financial Services and Markets Act 2000

    3. 24.Financial Services Compensation Scheme - modifications of Part 15 of the Financial Services and Markets Act 2000

    4. 25.Insurance and reinsurance - modification of Part 4 of the Solvency 2 Regulations 2015

    5. 26.Persons who cease to be authorised to carry on a regulated activity before exit day

  6. PART 5 Power to amend time limits

    1. 27.Power to amend time limits imposed by modifications under these Regulations

  7. Signature

    1. SCHEDULE

      Consequential amendments

      1. PART 1 The Financial Services and Markets Act 2000 (c. 8)

        1. 1.The Financial Services and Markets Act 2000 is amended as...

        2. 2.In section 3E (memorandum of understanding), omit subsection (2)(f) and...

        3. 3.Omit section 34 (EEA firms).

        4. 4.Omit section 35 (Treaty firms).

        5. 5.In section 55A (application for permission), omit subsection (4).

        6. 6.In section 55Q (exercise of power in support of overseas...

        7. 7.In section 55R (persons connected with an applicant), omit subsections...

        8. 8.(1) Section 55X (determination of applications: warning notices and decision...

        9. 9.In section 137A (the FCA’s general rules), omit subsection (5)....

        10. 10.In section 137G (the PRA’s general rules), omit subsection (5)....

        11. 11.In section 168 (appointment of persons to carry out investigations...

        12. 12.Omit Part 13 (incoming firms: intervention by FCA or PRA),...

        13. 13.Omit Part 13A (enhanced supervision of firms exercising rights under...

        14. 14.In section 213 (the compensation scheme), omit subsections (10) and...

        15. 15.In section 214 (provisions of the scheme: general), omit subsection...

        16. 16.In section 224 (scheme manager’s power to inspect documents held...

        17. 17.In section 234K (duty to consider exercise of powers under...

        18. 18.In section 313D (interpretation of Part 18A), in subsection (1),...

        19. 19.Omit section 368 (winding-up petitions: EEA and Treaty firms).

        20. 20.(1) Section 425 (expressions relating to authorisation elsewhere in the...

        21. 21.In Schedule 1ZA (the Financial Conduct Authority), in Part 3...

        22. 22.In Schedule 1ZB (the Prudential Regulation Authority), in Part 3...

        23. 23.(1) Schedule 6 (threshold conditions) is amended as follows.

      2. PART 2 Other primary legislation

        1. 24.Agricultural Credits Act 1928 (c. 43)

        2. 25.Solicitors Act 1974 (c. 47)

        3. 26.Judicial Pensions Act 1981 (c. 20)

        4. 27.Administration of Justice Act 1985 (c. 61)

        5. 28.Housing Act 1985 (c. 68)

        6. 29.Building Societies Act 1986 (c. 53)

        7. 30.Access to Medical Reports Act 1988 (c. 28)

        8. 31.Road Traffic Act 1988 (c. 52)

        9. 32.Social Security Administration Act 1992 (c. 5)

        10. 33.Judicial Pensions and Retirement Act 1993 (c. 8)

        11. 34.Social Security (Recovery of Benefits) Act 1997 (c. 27)

        12. 35.Bank of England Act 1998 (c. 11)

        13. 36.Trustee Act 2000 (c. 29)

        14. 37.Anti-terrorism, Crime and Security Act 2001 (c. 24)

        15. 38.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

        16. 39.Legal Services Act 2007 (c. 29)

        17. 40.Dormant Bank and Building Society Accounts Act 2008 (c. 31)

        18. 41.Terrorist Asset-Freezing etc. Act 2010 (c. 38)

        19. 42.Charities Act 2011 (c. 25)

        20. 43.Health and Social Care Act 2012 (c. 7)

        21. 44.Welfare Reform and Work Act 2016 (c. 7)

      3. PART 3 Secondary legislation

        1. 45.Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

        2. 46.Social Landlords (Additional Purposes or Objects) Order 1999

        3. 47.National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000

        4. 48.Pig Industry Restructuring (Capital Grant) Scheme 2001

        5. 49.Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

        6. 50.Financial Services and Markets Act 2000 (Stakeholder Products) Regulations 2004

        7. 51.North Korea (United Nations Measures) Order 2006

        8. 52.Iran (Financial Sanctions) Order 2007

        9. 53.Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007

        10. 54.Companies (Authorised Minimum) Regulations 2008

        11. 55.Zimbabwe (Financial Sanctions) Regulations 2009

        12. 56.Companies (Authorised Minimum) Regulations 2009

        13. 57.Somalia (Asset-Freezing) Regulations 2010

        14. 58.Libya (Financial Sanctions) Order 2011

        15. 59.Egypt (Asset-Freezing) Regulations 2011

        16. 60.Tunisia (Asset-Freezing) Regulations 2011

        17. 61.Iran (Asset-Freezing) Regulations 2011

        18. 62.Afghanistan (Asset-Freezing) Regulations 2011

        19. 63.Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011

        20. 64.ISIL (Da’esh) and Al-Qaida (Asset-Freezing) Regulations 2011

        21. 65.Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011

        22. 66.Syria (European Union Financial Sanctions) Regulations 2012

        23. 67.Guinea-Bissau (Asset-Freezing) Regulations 2012

        24. 68.Iraq (Asset-Freezing) Regulations 2012

        25. 69.Republic of Guinea (Asset-Freezing) Regulations 2012

        26. 70.Democratic Republic of the Congo (Asset-Freezing) Regulations 2012

        27. 71.Eritrea (Asset-Freezing) Regulations 2012

        28. 72.Lebanon and Syria (Asset-Freezing) Regulations 2012

        29. 73.Belarus (Asset-Freezing) Regulations 2013

        30. 74.Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England) Regulations 2013

        31. 75.Civil Legal Aid (Statutory Charge) Regulations 2013

        32. 76.Local Government Pension Scheme Regulations 2013

        33. 77.Ukraine (European Union Financial Sanctions) Regulations 2014

        34. 78.Central African Republic (European Union Financial Sanctions) Regulations 2014

        35. 79.Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014

        36. 80.Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014

        37. 81.Sudan (European Union Financial Sanctions) Regulations 2014

        38. 82.Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014

        39. 83.Yemen (European Union Financial Sanctions) Regulations 2014

        40. 84.South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015

        41. 85.Burundi (European Union Financial Sanctions) Regulations 2015

        42. 86.Iran (European Union Financial Sanctions) Regulations 2016

        43. 87.Libya (European Union Financial Sanctions) Regulations 2016

        44. 88.Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016

        45. 89.Democratic People’s Republic of Korea (European Union Financial Sanctions) Regulations 2017

        46. 90.Judicial Pensions (Fee-Paid Judges) Regulations 2017

        47. 91.Republic of Mali (European Union Financial Sanctions) Regulations 2017

        48. 92.Venezuela (European Union Financial Sanctions) Regulations 2017

        49. 93.Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018

        50. 94.Burma (European Union Financial Sanctions) Regulations 2018

  8. Explanatory Note

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