Modifications etc. (not altering text)
C1Sch. 3 extended (with modifications) (1.12.2001) by S.I. 2001/2636, arts. 1(2)(b), 25-27; S.I. 2001/3538, art. 2(1)
Sch. 3 extended (with modifications) (Gibraltar) (5.10.2001 for specified purposes, 1.12.2001 in so far as not already in force) by S.I. 2001/3084, arts. 1(1), 2-4 (as amended (16.6.2014) by The Alternative Investment Fund Managers Order 2014 (S.I. 2014/1292), arts. 1(2), 3 (which amending S.I. is itself amended by S.I. 2014/1313, arts. 1, 2(a)); and as amended (31.12.2020) by S.I. 2019/589, regs. 1(3), 5-9 (with reg. 12) (as amended by S.I. 2020/1274, regs. 1, 2)); S.I. 2001/3538, art. 2(1)
Sch. 3 modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(b), 128(3)(b) (with art. 23(2))
20(1)A UK firm may not exercise an EEA right to provide services unless the firm has given the Authority, in the specified way, notice of its intention to provide services (“a notice of intention”) which—
(a)identifies the activities which it seeks to carry out by way of provision of services; and
(b)includes such other information as may be specified.
(2)The activities identified in a notice of intention may include activities which are not regulated activities.
(3)If the firm’s EEA right derives from the investment services directive or [F1the banking consolidation directive], the Authority must, within one month of receiving a notice of intention, send a copy of it to the host state regulator.
[F2(3A)If the firm’s EEA right derives from any of the insurance directives, the Authority must, within one month of receiving the notice of intention—
(a)give notice in specified terms (“a consent notice”) to the host state regulator; or
(b)give written notice to the firm of—
(i)its refusal to give a consent notice; and
(ii)its reasons for that refusal.]
(4)When the Authority sends the copy under sub-paragraph (3) [F3or gives a consent notice], it must give written notice to the firm concerned.
[F4(4A)If the firm is given notice under sub-paragraph (3A)(b), it may refer the matter to the Tribunal.
(4B)If the firm’s EEA right derives from any of the insurance directives, it must not provide the services to which its notice of intention relates until it has received written notice under sub-paragraph (4).
(4C)Rules may specify the procedure to be followed by the Authority under this paragraph.]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)“Specified” means specified in rules.
Textual Amendments
F1Words in Sch. 3 Pt. III para. 20(3) substituted (22.11.2000) by S.I. 2000/2952, reg. 8(5)(e)
F2Sch. 3 Pt. III para. 20(3A) inserted (30.4.2001) by S.I. 2001/1376, regs. 1, 2(2)
F3Words in Sch. 3 Pt. III para. 20(4) inserted (30.4.2001) by S.I. 2001/1376, regs. 1, 2(3)
F4Sch. 3 Pt. III para. 20(4A)-(4C) inserted (30.4.2001) by S.I. 2001/1376, regs. 1, 2(4)
Modifications etc. (not altering text)
C2Sch. 3 Pt. III para. 20(1) modified (1.12.2001) by S.I. 2001/2636, arts. 1(2)(b), 77(1)(4)-(7); S.I. 2001/3538, art. 2(1)
C3Sch. 3 Pt. III para. 20(1)(3A)(a) extended (1.12.2001) by S.I. 2001/3592, arts. 1(2), 101 (with art. 23(2))
Commencement Information
I1Sch. 3 Pt. III para. 20 wholly in force at 1.12.2001; Sch. 3 Pt. III para. 20 not in force at Royal Assent see s. 431(2); Sch. 3 Pt. III para. 20 in force for certain purposes at 25.2.2001 by S.I. 2001/516, art. 2(b)(c), Sch. Pts. 2, 3; Sch. 3 Pt. III para. 20 in force for specified purposes at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.; Sch. 3 Pt. III para. 20 in force for specified purposes at 3.9.2001 by S.I. 2001/2632, art. 2(2), Sch. Pt. 2; Sch. 3 Pt. III para. 20 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)