96.—(1) This article applies in relation to an EEA firm which at commencement—
(a)is seeking to establish a branch as mentioned in paragraph 12(1) of Schedule 3; and
(b)has not satisfied the establishment conditions in paragraph 13 of Schedule 3.
(2) Subject to paragraph (4), if, before commencement a notice in accordance with—
(a)paragraph 3 of Schedule 2 to the 2BCD Regulations; or
(b)paragraph 3 of Schedule 3 to the ISD Regulations,
was received as respects the firm for the purposes of paragraph 1(2)(b) of Schedule 2 to the 2BCD Regulations or paragraph 1(2)(b) of Schedule 3 to the ISD Regulations, the notice is to be treated as the consent notice required by paragraph 13(1)(a) of Schedule 3 and as satisfying the requirements of paragraph 13(1)(b) of that Schedule.
(3) If, before commencement a notice and certificate as mentioned in paragraph 1(2)(a) of Schedule 2F to the Insurance Companies Act were received as respects the firm, the notice and certificate are to be treated as the consent notice required by paragraph 13(1)(a) of Schedule 3 and as satisfying the requirements of paragraph 13(1)(b) of that Schedule.
(4) This article does not apply in respect of an EEA firm which is taken to have complied with the requirements of Schedule 2 to the 2BCD Regulations only by virtue of having complied with the corresponding requirements under the law of Gibraltar (within the meaning of regulation 2C(2) of the 2BCD Regulations(1)).
Commencement Information
I1Art. 96 in force at 1.12.2001, see art. 1(2)