[F187HProspectus approved in another EEA StateU.K.
(1)A prospectus approved by the competent authority of an EEA State other than the United Kingdom is not an approved prospectus for the purposes of section 85 unless that authority has [F2notified ESMA and] provided the [F3FCA] with—
(a)a certificate of approval;
(b)a copy of the prospectus as approved; and
(c)if requested by the [F3FCA], a translation of the summary of the prospectus.
(2)A document is not a certificate of approval unless it states that the prospectus—
(a)has been drawn up in accordance with the prospectus directive; and
(b)has been approved, in accordance with that directive, by the competent authority providing the certificate.
(3)A document is not a certificate of approval unless it states whether (and, if so, why) the competent authority providing it authorised, in accordance with the prospectus directive, the omission from the prospectus of information which would otherwise have been required to be included.
[F4(3A)The [F5FCA] must publish on its website a list of certificates of approval provided to it in accordance with this section.
(3B)The list referred to in subsection (3A) must—
(a)be kept up-to-date,
(b)retain items on it for a period of at least 12 months, and
(c)include hyperlinks to any certificate of approval and prospectus published on the website of—
(i)the competent authority of the EEA State which provided the certificate,
(ii)the issuer, or
(iii)the regulated market where admission to trading is sought.]
(4) “Prospectus” includes a supplementary prospectus.]
Textual Amendments
F1 Ss. 84-87R and cross-headings substituted for ss. 84-87 (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 5
F2Words in s. 87H(1) inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 2(4)(a)
F3Word in s. 87H(1) substituted (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. 16(9)(a), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F4S. 87H(3A)(3B) inserted (16.4.2012) by The Financial Services (Omnibus 1 Directive) Regulations 2012 (S.I. 2012/916), regs. 1, 2(4)(b)
F5Word in s. 87H(3A) substituted (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. 16(9)(b), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.