[F155RPersons connected with an applicantU.K.
(1)In considering—
(a)an application for a Part 4A permission,
(b)whether to vary or cancel a Part 4A permission,
(c)whether to impose or vary a requirement under this Part, or
(d)whether to give any consent required by any provision of this Part,
the regulator concerned may have regard to any person appearing to it to be, or likely to be, in a relationship with the applicant or a person given permission which is relevant.
(2)Before—
(a)giving permission in response to an application under section 55A made by a person who is connected with an EEA firm (other than an EEA firm falling within paragraph 5(e) of Schedule 3 (insurance and reinsurance intermediaries)), or
(b)cancelling or varying a Part 4A permission given to such a person,
the regulator concerned must in prescribed circumstances consult the firm's home state regulator.
(3)A person (“A”) is connected with an EEA firm if—
(a)A is a subsidiary undertaking of the firm, or
(b)A is a subsidiary undertaking of a parent undertaking of the firm.]
Textual Amendments
F1Pt. 4A substituted for ss. 40-55 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 11(2), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(b)(c), Sch. Pts. 2, 3; S.I. 2013/423, art. 3, Sch.