9.—(1) For the purposes of these Regulations, a relevant person (“A”) is to be regarded as carrying on business in the United Kingdom in the cases described in this regulation even if A would not otherwise be regarded as doing so.
(2) The first case is where—
(a)A’s registered office (or if A does not have a registered office, A’s head office) is in the United Kingdom;
(b)A is entitled to exercise rights under a single market directive as a UK firm (within the meaning of paragraph 10 of Schedule 3 to FSMA (EEA passport rights)); and
(c)A is carrying on business in an EEA state other than the United Kingdom in the exercise of those rights.
(3) The second case is where—
(a)A’s registered office (or if A does not have a registered office, A’s head office) is in the United Kingdom; and
(b)the day-to-day management of the carrying on of A’s business is the responsibility of—
(i)that office, or
(ii)another establishment maintained by A in the United Kingdom.
(4) The third case is where—
(a)A is a casino which provides facilities for remote gambling (within the meaning of section 4 of the Gambling Act 2005 (remote gambling)(1)) and—
(b)either—
(i)at least one piece of remote gambling equipment (within the meaning of section 36(4) of the Gambling Act 2005 (territorial application)) is situated in Great Britain, or
(ii)no such equipment is situated in Great Britain but the facilities provided by A are used there.
(5) For the purposes of paragraphs (2) and (3)—
(a)“single market directive” means—
(i)a directive referred to in paragraph 1 of Schedule 3 to FSMA(2);
(ii)Directive 2009/110/EC of the European Parliament and of the Council of 16th September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions(3);
(iii)Directive 2015/2366/EU of the European Parliament and of the Council of 25th November 2015 on payment services in the internal market(4);
(b)it is irrelevant where the person with whom the business is carried on is situated.