SCHEDULES
SCHEDULE 4

EEA passport rights and treaty rights
PART 2

Amendments of Schedule 4 to FSMA 2000: Treaty rights
22
Schedule 4 to FSMA 2000 (Treaty rights) is amended as follows.
23
1
Paragraph 3 (exercise of Treaty rights) is amended as follows.
2
In sub-paragraph (2), for “Authority” substitute “ appropriate UK regulator ”.
3
After that sub-paragraph insert—
2A
In sub-paragraph (2) “the appropriate UK regulator” means—
a
where any of the activities to which the notification under that sub-paragraph relates is a PRA-regulated activity, the PRA;
b
in any other case, the FCA.
2B
Where the PRA receives a notification under sub-paragraph (2), it must give a copy to the FCA without delay.
2C
Where the FCA receives a notification under sub-paragraph (2), it must in prescribed cases give a copy to the PRA without delay.
24
After paragraph 3 insert—

Notification between UK regulators
3A
Regulations may require the PRA and the FCA to notify each other about Treaty firms qualifying for authorisation.
25
1
Paragraph 4 (permission) is amended as follows.
2
In sub-paragraph (3)—
a
for “a Part IV permission” substitute “ a Part 4A permission ”, and
b
for “Authority” substitute “ appropriate UK regulator ”.
3
In sub-paragraph (4), for “Authority” substitute “ appropriate UK regulator ”.
4
After that sub-paragraph insert—
5
The appropriate UK regulator” means—
a
where the Treaty firm is a PRA-authorised person, the FCA or the PRA;
b
in any other case, the FCA.
26
1
Paragraph 5 (notice to Authority) is amended as follows.
2
In sub-paragraph (2), for “the Authority” substitute “ the appropriate UK regulator ”.
3
After sub-paragraph (2) insert—
2A
The appropriate UK regulator” means—
a
where any of the activities to which the notice relates is a PRA-regulated activity, the PRA;
b
in any other case, the FCA.
2B
Where the PRA receives a notice under sub-paragraph (2), it must give a copy to the FCA without delay.
2C
Where the FCA receives a notice under sub-paragraph (2) from—
a
a PRA-authorised person, or
b
a person whose immediate group includes a PRA-authorised person,
it must give a copy to the PRA without delay.
4
For sub-paragraph (4) substitute—
4
Subsections (1), (4) and (8) of section 55U apply to a notice under sub-paragraph (2) as they apply to an application for a Part 4A permission.
5
In the italic heading immediately before paragraph 5, for “Authority” substitute “ UK regulator ”.
Sch. 4 para. 24 in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(b), Sch. Pt. 2
Sch. 4 para. 26(4) in force at 24.1.2013 for specified purposes by S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3
Sch. 4 para. 22 in force at 27.2.2013 for specified purposes by S.I. 2013/423, art. 2
Sch. 4 para. 23 in force at 27.2.2013 for specified purposes by S.I. 2013/423, art. 2
Sch. 4 para. 25 in force at 27.2.2013 for specified purposes by S.I. 2013/423, art. 2
Sch. 4 para. 26 in force at 27.2.2013 for specified purposes by S.I. 2013/423, art. 2
Sch. 4 para. 22 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.
Sch. 4 para. 23 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.
Sch. 4 para. 24 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.
Sch. 4 para. 25 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.
Sch. 4 para. 26 in force at 1.4.2013 in so far as not already in force by S.I. 2013/423, art. 3, Sch.