The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018

[F1Conditions to be satisfied for regulation 28 to apply: persons who cease to be authorised on [F2IP completion day]U.K.

This section has no associated Explanatory Memorandum

30.—(1) The conditions are that the person is one—

(a)who, immediately before [F3IP completion day]—

(i)is authorised to carry on a regulated activity in the United Kingdom by virtue of section 31(1)(b) or (c) of the 2000 Act, and

(ii)is carrying on such an activity [F4or, subject to paragraph (3), providing a payment service] in the United Kingdom through an establishment in the United Kingdom,

[F5(aa)who is not a Gibraltar firm,]

(b)who, immediately before [F3IP completion day], is not authorised to carry on a regulated activity by virtue of section 31(1)(a) of the 2000 Act,

(c)who, on [F3IP completion day], is not authorised to carry on a regulated activity by virtue of section 31(1)(a) of the 2000 Act, and

(d)to whom, on [F3IP completion day], regulation 8 does not apply.

(2) In this regulation—

(a)reference to carrying on a regulated activity at a particular time includes where the performance of a pre-existing contract requires, or may require, a regulated activity to be carried on at another time;

(b)reference to authorisation to carry on a regulated activity by virtue of section 31(1)(a) of the 2000 Act does not include such an authorisation by virtue of regulation 28.]

[F6(3) The reference to providing a payment service in paragraph (1)(a)(ii) applies only to a credit institution which was providing the service through an establishment in the United Kingdom immediately before [F3IP completion day] in accordance with the exercise of an EEA passport right under Title 5 of Directive 2013/36/EU as in force immediately before [F3IP completion day].]

Textual Amendments

F2Words in reg. 30 heading substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 6(2)(r)

F3Words in reg. 30 substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 6(2)(r)