SCHEDULES

F1SCHEDULE 2AGibraltar-based persons carrying on activities in the UK

Annotations:

PART 4Variation of permission

UK regulator's initiative: procedure

29

1

The variation of a Schedule 2A permission under paragraph 27 takes effect—

a

immediately, if the notice given under sub-paragraph (3) states that is the case,

b

on such date as may be specified in the notice, or

c

if no date is specified in the notice, when the matter to which the notice relates is no longer open to review.

2

The variation of a Schedule 2A permission under paragraph 27 may be expressed to take effect immediately, or on a specified date, only if the UK regulator reasonably considers that it is necessary for the variation to take effect immediately or on that date, having regard to the own-initiative condition on which it is relying for the purposes of paragraph 27(1).

3

If a UK regulator—

a

proposes to vary a Schedule 2A permission under paragraph 27, or

b

varies a Schedule 2A permission under that paragraph with immediate effect,

it must give the Gibraltar-based person a written notice.

4

The notice must—

a

give details of the variation,

b

state the UK regulator's reasons for varying the permission,

c

inform the Gibraltar-based person that the person may make representations to the UK regulator within the period specified in the notice (whether or not the Gibraltar-based person has referred the matter to the Tribunal),

d

inform the Gibraltar-based person of when the variation of the permission takes effect, and

e

inform the Gibraltar-based person of the person's right to refer the matter to the Tribunal.

5

The UK regulator may extend the period allowed under the notice for making representations.

6

If, having considered any representations made by the Gibraltar-based person, the UK regulator decides—

a

to vary the permission in the way proposed, or

b

if the permission has been varied, not to rescind its variation,

it must give the Gibraltar-based person a written notice.

7

A notice under sub-paragraph (6) must inform the Gibraltar-based person of the person's right to refer the matter to the Tribunal.

8

If, having considered any representations made by the Gibraltar-based person, the UK regulator decides—

a

not to vary the permission in the way proposed,

b

to vary the permission in a different way, or

c

to rescind the variation,

it must give the Gibraltar-based person a written notice.

9

A notice under sub-paragraph (8)(b) must comply with sub-paragraph (4).

10

If a notice under this paragraph informs a person of the person's right to refer a matter to the Tribunal, it must give an indication of the procedure for such a reference.

11

For the purposes of sub-paragraph (1)(c), whether a matter is open to review is to be determined in accordance with section 391(8).