SCHEDULES
SCHEDULE 4

EEA passport rights and treaty rights
PART 4

Amendments of Part 13 of FSMA 2000: Powers of intervention
35
1
Section 195A (contravention by relevant EEA firm or EEA UCITS of directive requirement: home state regulator primarily responsible for securing compliance) is amended as follows.
2
For “the Authority” or “the Authority's”, in each place, substitute “ the appropriate regulator ” or “the appropriate regulator's”.
3
After subsection (11A) insert—
11B
Subsection (4) is not to be regarded as requiring the PRA to notify the home state regulator in relation to the contravention of a requirement falling within subsection (2) or (3) in a case where the PRA is satisfied that the FCA is required to act, and is acting or has acted, under subsection (4) in relation to that requirement.
4
In subsection (12), before the definition of “home state” insert—
“the appropriate regulator” means—
a
where the relevant EEA firm is a PRA-authorised person, the FCA or, subject to subsection (11B), the PRA;
b
in any other case, the FCA;
.
Sch. 4 para. 35 in force at 27.2.2013 for specified purposes by S.I. 2013/423, art. 2
Sch. 4 para. 35 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.