SCHEDULES

SCHEDULE 3EEA Passport Rights

Part III Exercise of Passport Rights by UK Firms

Offence relating to exercise of passport rights

21

(1)

If a UK firm which is not an authorised person contravenes the prohibition imposed by—

(a)

sub-paragraph (1) of paragraph 19, or

(b)

sub-paragraph (1) or (5) of paragraph 20,

it is guilty of an offence.

(2)

A firm guilty of an offence under sub-paragraph (1) is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum; or

(b)

on conviction on indictment, to a fine.

(3)

In proceedings for an offence under sub-paragraph (1), it is a defence for the firm to show that it took all reasonable precautions and exercised all due diligence to avoid committing the offence.