SCHEDULE 3EEA Passport Rights
Part IIExercise of Passport Rights by EEA Firms
Services
14
(1)
The service conditions are that—
(a)
the firm has given its home state regulator notice of its intention to provide services in the United Kingdom (“a notice of intention”);
(b)
if the firm falls within paragraph 5(a) or (d), the Authority has received notice (“a regulator’s notice”) from the firm’s home state regulator containing such information as may be prescribed; and
(c)
if the firm falls within paragraph 5(d), its home state regulator has informed it that the regulator’s notice has been sent to the Authority.
(2)
If the Authority has received a regulator’s notice or, where none is required by sub-paragraph (1), has been informed of the firm’s intention to provide services in the United Kingdom, it must—
(a)
prepare for the firm’s supervision; and
(b)
notify the firm of the applicable provisions (if any).
(3)
A notice under sub-paragraph (2)(b) must be given before the end of the period of two months beginning on the day on which the Authority received the regulator’s notice, or was informed of the firm’s intention.
(4)
For the purposes of this paragraph—
“applicable provisions” means the host state rules with which the firm is required to comply when carrying on a permitted activity by providing services in the United Kingdom;
“host state rules” means rules—
(a)
made in accordance with the relevant single market directive; and
(b)
which are the responsibility of the United Kingdom (both as to implementation and as to supervision of compliance) in accordance with that directive; and
“permitted activity” means an activity identified in—
(a)
the regulator’s notice; or
(b)
where none is required by sub-paragraph (1), the notice of intention.