SCHEDULES

C1SCHEDULE 3EEA Passport Rights

Annotations:
Modifications etc. (not altering text)
C1

Sch. 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))

Part I Defined terms

EEA right

I17

“EEA right” means the entitlement of a person to establish a branch, or provide services, in an EEA State other than that in which he has his F1relevant office—

a

in accordance with the Treaty as applied in the EEA; and

b

subject to the conditions of the relevant single market directive F3or, as the case may be, the emission allowance auctioning regulation.

F27A

In paragraph 7, “relevant office” means—

a

in relation to a person who has a registered office and whose entitlement is subject to the conditions of the F5insurance distribution directiveF4or the mortgages directive, his registered office;

F6aa

F7in relation to a person whose entitlement is subject to the conditions of the alternative investment fund managers directive, its registered office;

F7aa

in relation to a person whose entitlement derives from the alternative investment fund managers directive—

i

if the person’s registered office is in an EEA State, its registered office;

ii

if the person’s registered office is not in an EEA State, the registered office or branch of its legal representative (as defined in Article 4(1)(u) of the alternative investment fund managers directive);

b

in relation to any other person, his head office.