- Latest available (Revised)
- Point in Time (01/03/2019)
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Point in time view as at 01/03/2019.
The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 31/12/2020
Regulation 3
1. The Financial Services and Markets Act 2000 M1 is amended as follows.U.K.
2. In section 3E (memorandum of understanding) M2, omit subsection (2)(f) and (k).U.K.
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M2Inserted by section 6(1) of the Financial Services Act 2012 (c. 21).
3. Omit section 34 (EEA firms) M3.U.K.
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M3Amended by paragraph 27 of Schedule 4 to the Financial Services Act 2012 (c. 21).
4. Omit section 35 (Treaty firms) M4.U.K.
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M4Amended by paragraph 28 of Schedule 4 to the Financial Services Act 2012 (c. 21).
5. In section 55A (application for permission) M5, omit subsection (4).U.K.
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M5Inserted by section 11(2) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2018/135.
6. In section 55Q (exercise of power in support of overseas regulator) M6, omit subsection (2).U.K.
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M6Inserted by section 11(2) of the Financial Services Act 2012 (c. 21).
7. In section 55R (persons connected with an applicant) M7, omit subsections (2) to (3B).U.K.
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M7Inserted by section 11(2) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2017/701.
8.—(1) Section 55X (determination of applications: warning notices and decision notices) M8 is amended as follows.U.K.
(2) In subsection (2), omit “(unless subsection (3) applies)”.
(3) Omit subsection (3).
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M8Inserted by section 11(2) of the Financial Services Act 2012 (c. 21) and amended by S.I. 2018/135.
9. In section 137A (the FCA's general rules) M9, omit subsection (5).U.K.
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M9Inserted by section 24(1) of the Financial Services Act 2012 (c. 21).
10. In section 137G (the PRA's general rules) M10, omit subsection (5).U.K.
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M10Inserted by section 24(1) of the Financial Services Act 2012 (c. 21).
11. In section 168 (appointment of persons to carry out investigations in particular cases) M11, in subsection (1)(b), omit “or under Schedule 4”.U.K.
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M11Amended by paragraph 8(1) and (2) of Schedule 12 to the Financial Services Act 2012 (c. 21) and S.I. 2016/680.
12. Omit Part 13 (incoming firms: intervention by FCA or PRA), except for, in section 195 (exercise of power in support of overseas regulator), subsections (3) and (4).U.K.
13. Omit Part 13A (enhanced supervision of firms exercising rights under the Insurance Distribution Directive) M12.U.K.
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M12Inserted by S.I. 2018/546.
14. In section 213 (the compensation scheme) M13, omit subsections (10) and (11).U.K.
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M13Amended by S.I. 2011/1613.
15. In section 214 (provisions of the scheme: general), omit subsection (5).U.K.
16. In section 224 (scheme manager's power to inspect documents held by Official Receiver etc.), omit subsection (4).U.K.
17. In section 234K (duty to consider exercise of powers under Competition Act 1998) M14, in subsection (3), omit paragraph (f).U.K.
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M14Inserted by paragraphs 1 and 3 of Schedule 8 to the Financial Services (Banking Reform) Act 2013 (c. 33).
18. In section 313D (interpretation of Part 18A) M15, in subsection (1), in the definition of “institution”, omit from “but does not include” to the end.U.K.
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M15Inserted by S.I. 2007/126 and amended by section 36(a) of the Financial Services Act 2012 (c. 21), S.I. 2013/3115 and S.I. 2017/701.
19. Omit section 368 (winding-up petitions: EEA and Treaty firms) M16.U.K.
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M16Amended by paragraphs 1 and 15 of Schedule 14 to the Financial Services Act 2012 (c. 21).
20.—(1) Section 425 (expressions relating to authorisation elsewhere in the single market) M17 is amended as follows.U.K.
(2) Omit subsection (2).
(3) In the heading, omit “elsewhere”.
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M17Amended by S.I. 2003/2066, S.I. 2004/3379, S.I. 2006/2975, S.I. 2007/126, S.I. 2007/3253, S.I. 2012/1906, S.I. 2013/1773, S.I. 2013/3115, S.I. 2015/575 and S.I. 2015/910.
21. In Schedule 1ZA (the Financial Conduct Authority) M18, in Part 3 (penalties and fees), omit paragraph 24(a) (together with the final “or”).U.K.
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M18Inserted by Schedule 3 to the Financial Services Act 2012 (c. 21).
22. In Schedule 1ZB (the Prudential Regulation Authority) M19, in Part 3 (penalties and fees), omit paragraph 32(a) (together with the final “or”).U.K.
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M19Inserted by Schedule 3 to the Financial Services Act 2012 (c. 21).
23.—(1) Schedule 6 (threshold conditions) is amended as follows.U.K.
(2) Omit Part 1F (authorisation under Schedule 3) M20.
(3) Omit Part 1G (authorisation under Schedule 4) M21.
24. In section 5 of the Agricultural Credits Act 1928 M22 (agricultural charges on farming stock and assets), in the definition of “Bank” in subsection (7), omit paragraph (c).
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M221928 c. 43. The definition “Bank” in section 1(7) is substituted by S.I. 2001/3649.
25. In section 87 of the Solicitors Act 1974 M23 (interpretation)—
(a)in the definition of “bank” in subsection (1)—
(i)for “, a person” substitute “ or a person ”;
(ii)omit from “or an EEA firm” to the end;
(b)in subsection (1A), omit paragraphs (c) (together with the final “or”) and (d).
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M231974 c. 47. The definition of “bank” in section 1(1) is substituted by S.I. 2001/3649. Section 1(1A) is inserted by S.I. 2001/3649.
26. In section 33A of the Judicial Pensions Act 1981 M24 (voluntary contributions)—
(a)in subsection (9)—
(i)in the definition of “authorised provider”, omit paragraphs (b) (together with the final “or”) and (c);
(ii)in the definition of “insurer”, omit paragraph (b);
(b)omit subsections (9B) to (9E).
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M241981 c. 20. Section 33A is inserted by section 82(1) of the Courts and Legal Services Act 1990 (c. 41); the definitions of “authorised provider” and “insurer” in subsection (9) are substituted by S.I. 2001/3649; subsections (9B) to (9E) are inserted by S.I. 2001/3649.
27. In section 21 of the Administration of Justice Act 1985 M25 (professional indemnity and compensation), in subsection (5), omit paragraphs (b) (together with the final “or”) and (c).
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M251985 c. 61. Section 21(5) is substituted by S.I. 2001/3649.
28. In section 622 of the Housing Act 1985 M26 (minor definitions: general), in subsection (1)—
(a)in the definition of “authorised deposit taker”, omit paragraph (b) and the “or” before it;
(b)in the definition of “authorised insurer”, omit paragraph (b) and the “or” before it;
(c)in the definition of “authorised mortgage lender”, omit paragraphs (b) (together with the final “or”) and (c).
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M261985 c. 68. Section 622(1) was so numbered by S.I. 2001/3649; the definitions of “authorised deposit taker” and “authorised insurer” are inserted by S.I. 2001/3649; the definition “authorised mortgage lender” is inserted by section 307(2) of the Housing and Regeneration Act 2008 (c. 17).
29.—(1) The Building Societies Act 1986 M27 is amended as follows.
(2) In section 9A (restrictions on certain transactions), in subsection (5), omit paragraph (b) and the “or” before it.
(3) In section 98 (transfers of business: supplementary provisions), in subsection (3), omit paragraph (c)(ii) and the “or” before it.
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M271986 c. 53. Section 9A is inserted by section 10 of the Building Societies Act 1997 (c. 32); subsection (5)(a) and (b) are substituted by S.I. 2001/3649. Section 98(3)(c)(i) and (ii) are substituted by S.I. 2001/3649.
30. In section 2 of the Access to Medical Reports Act 1988 M28 (interpretation), in the definition of “insurer” in subsection (1), omit paragraph (b).
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M281988 c. 28. The definition of “insurer” in section 2(1) is substituted by S.I. 2001/3649.
31. In section 95 of the Road Traffic Act 1988 M29 (notification of refusal of insurance on grounds of health), in subsection (3), omit paragraph (b) and the “or” before it.
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M291988 c. 52. Section 95(3) is substituted by S.I. 2001/3649.
32. In section 109B of the Social Security Administration Act 1992 M30 (power to require information), in subsection (7)—
(a)in the definition of “bank”, omit paragraph (b) (but not the final “or”);
(b)in the definition of “insurer”, omit paragraph (b) and the “or” before it.
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M301992 c. 5. Section 109B is inserted by paragraph 2 of Schedule 6 to the Child Support, Pensions and Social Security Act 2000 (c. 19); subsection (7) is inserted by section 1(4) of the Social Security Fraud Act 2001 (c. 11); the definition of “bank” and “insurer” in subsection (7) are respectively substituted and inserted by S.I. 2002/817.
33.—(1) The Judicial Pensions and Retirement Act 1993 M31 is amended as follows.
(2) In section 10 (additional benefits from voluntary contributions)—
(a)in subsection (8)—
(i)in the definition of “authorised provider”, omit paragraphs (b) (together with the final “or”) and (c);
(ii)in the definition of “insurer”, omit paragraph (b);
(b)omit subsections (8B) to (8E).
(3) In Schedule 2 (transfer of accrued benefits), in the definition of “authorised insurer” in paragraph 1(1), omit paragraph (ii) and the “or” before it.
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M311993 c. 8. The definitions of “authorised provider” and “insurer” in section 10(8) are respectively substituted and inserted by S.I. 2001/3649; subsections (8B) to (8E) are inserted by S.I. 2001/3649. Paragraph 1(1) is numbered as such, and the definition of “authorised insurer” in inserted by, S.I. 2001/3649
34. In Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 M32 (compensation payments), in paragraph 5, omit sub-paragraph (2)(b) at the “or” before it.
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M321997 c. 27. Paragraph 5(2) of Schedule 1 is inserted by S.I. 2001/3649.
35.—(1) The Bank of England Act 1998 M33 is amended as follows.
(2) In section 17 (power to obtain information), in subsection (7), omit paragraph (b) and the “or” before it.
(3) In Schedule 2 (cash ratio deposits), in paragraph 1, omit sub-paragraph (1A)(d) and the “or” before it.
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M331998 c. 11. Section 17(7) is inserted by S.I. 2001/3649. Paragraph 1(1A) of Schedule 2 is inserted by S.I. 2001/3649.
36. In section 29 of the Trustee Act 2000 M34 (remuneration of certain trustees), in subsection (3A), omit paragraph (b) and the “or” before it.
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M342000 c. 29. Section 29(3A) is inserted by inserted by paragraph 90(1) and (3) of Schedule 18 to the Financial Services Act 2012 (c. 21).
37. In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 M35 (forfeiture of terrorist property), in paragraph 10R (meaning of “bank”), omit sub-paragraph (2)(c).
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M352001 c. 24. Paragraph 10R is inserted by paragraphs 1 and 2 of Schedule 4 to the Criminal Finances Act 2017 (c. 22).
38. In Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003 M36 (recovery of NHS charges: exempted payments), in paragraph 4, omit sub-paragraph (b) and the “or” before it.
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39. In section 64 of the Legal Services Act 2007 M37 (modification of the Board's functions under section 62(1)(b)), in the definition of “authorised insurer” in subsection (5), omit paragraphs (b) and (c).
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40. In section 7 of the Dormant Bank and Building Society Accounts Act 2008 M38 (definition of “bank”)—
(a)in subsection (2), omit paragraph (b);
(b)in subsection (3), omit “or firm”, wherever occurring.
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41. In section 41 of the Terrorist Asset-Freezing etc. Act 2010 M39 (meaning of “relevant institution”), in subsection (1), omit paragraph (b) (but not the final “or”).
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42. In section 109 of the Charities Act 2011 M40 (dormant bank accounts: supplementary), in subsection (3), omit paragraph (c) (but not the final “or”).
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43. In section 145 of the Health and Social Care Act 2012 M41 (borrowing), in subsection (3), omit paragraph (b) and the “or” before it.
44. In section 19 of the Welfare Reform and Work Act 2016 M42 (section 18: further provision), in subsection (8)—
(a)in the definition of “deposit taker”, omit paragraph (b) and the “or” before it;
(b)in the definition of “insurer”, omit paragraph (b) and the “or” before it.
Valid from 19/01/2020
45. In regulation 10 of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M43 (conversion of payments made in a foreign currency), in paragraph (2), omit sub-paragraph (b) and the “or” before it.
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M43S.I. 1988/664; amended by S.I. 2001/3649 and S.I. 2003/492.
46. In article 3 of the Social Landlords (Additional Purposes or Objects) Order 1999 M44 (priority of mortgages), in the definition of “qualifying lending institution” in paragraph (3) (other than as that definition applies to bodies eligible for registration as social landlords by the Housing Corporation in England), omit paragraph (c) and the “or” before it.
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M44S.I. 1999/985; amended by S.I. 2001/3649; the definition is further amended in relation to bodies eligible for registration as social landlords by the Housing Corporation in England, although those amendments are not relevant to this instrument.
47. In regulation 2 of the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 M45 (interpretation), in the definition of “insurer” in paragraph (1), omit paragraph (b) and the “or” before it.
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M45S.I. 2000/619; amended by S.I. 2001/3649.
48. In paragraph 2 of the Pig Industry Restructuring (Capital Grant) Scheme 2001 M46 (interpretation), in the definition of “bank” in sub-paragraph (1), omit paragraph (ii).
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M46S.I. 2001/251; amended by S.I. 2001/3649.
49.—(1) The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M47 is amended as follows.
(2) In article 6 (sums paid by certain persons), in paragraph (1), omit sub-paragraph (a)(iii).
(3) Omit article 11 (Community co-insurers).
(4) In article 39B (claims management on behalf of an insurer etc.), in paragraph (2)—
(a)omit sub-paragraph (a)(iii) (but not the final “or”);
(b)omit sub-paragraph (b)(ii) (but not the final “or”);
(c)in sub-paragraph (b)(iii), omit “and not falling within paragraph (ii)”.
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M47S.I. 2001/544; amended by S.I. 2003/1476, S.I. 2007/3254 and S.I. 2013/472.
50. In regulation 2 of the Financial Services and Markets Act 2000 (Stakeholder Products) Regulations 2004 M48 (interpretation), in paragraph (1)—
(a)in the definition of “relevant contract of insurance”, omit paragraph (b)(ii) and the “or” before it;
(b)in the definition of “deposit-taker”, omit paragraph (b) and the “or” before it;
(c)in the definition of “insurer”, omit paragraph (b) and the “or” before it.
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51. In article 2 of the North Korea (United Nations Measures) Order 2006 M49 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) and the “and” before it.
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52. In article 2 of the Iran (Financial Sanctions) Order 2007 M50 (interpretation), in the definition of “relevant institution” in paragraph (1), omit from “and an EEA firm” to the end.
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53. In regulation 34 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 M51 (security given under regulation 33(2)(a): requirement for endorsement), in paragraph (5)—
(a)in the definition of “authorised insurance company”, omit paragraph (b);
(b)in the definition of “authorised deposit-taker”, omit paragraph (b).
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54. In regulation 4 of the Companies (Authorised Minimum) Regulations 2008 M52 (the appropriate spot rate of exchange), in paragraph (3), omit sub-paragraph (b) and the “or” before it.
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55. In regulation 2 of the Zimbabwe (Financial Sanctions) Regulations 2009 M53 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) and the “and” before it.
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56. In regulation 4 of the Companies (Authorised Minimum) Regulations 2009 M54 (the appropriate spot rate of exchange), in paragraph (3), omit sub-paragraph (b) and the “or” before it.
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57. In regulation 2 of the Somalia (Asset-Freezing) Regulations 2010 M55 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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58. In article 2 of the Libya (Financial Sanctions) Order 2011 M56 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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59. In regulation 2 of the Egypt (Asset-Freezing) Regulations 2011 M57 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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60. In regulation 2 of the Tunisia (Asset-Freezing) Regulations 2011 M58 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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61. In regulation 2 of the Iran (Asset-Freezing) Regulations 2011 M59 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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62. In regulation 2 of the Afghanistan (Asset-Freezing) Regulations 2011 M60 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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63. In the Schedule to the Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011 M61, in paragraph 2, omit sub-paragraph (4)(a)(iii) (but not the final “and”).
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64. In regulation 2 of the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011 M62 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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65. In article 4 of the Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 M63 (bank accounts of licensed bodies), in paragraph (4), omit sub-paragraph (a)(iii) (but not the final “and”).
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66. In regulation 2 of the Syria (European Union Financial Sanctions) Regulations 2012 M64 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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67. In regulation 2 of the Guinea-Bissau (Asset-Freezing) Regulations 2012 M65 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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68. In regulation 2 of the Iraq (Asset-Freezing) Regulations 2012 M66 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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69. In regulation 2 of the Republic of Guinea (Asset-Freezing) Regulations 2012 M67 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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70. In regulation 2 of the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 M68 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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71. In regulation 2 of the Eritrea (Asset-Freezing) Regulations 2012 M69 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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72. In regulation 2 of the Lebanon and Syria (Asset-Freezing) Regulations 2012 M70 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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73. In regulation 2 of the Belarus (Asset-Freezing) Regulations 2013 M71 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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74. In regulation 4 of the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England) Regulations 2013 M72 (power to require information), in paragraph (10)—
(a)in the definition of “bank”, omit paragraph (b) (but not the final “or”);
(b)in the definition of “insurer”, omit paragraph (e) and the “or” before it.
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75. In regulation 19 of the Civil Legal Aid (Statutory Charge) Regulations 2013 M73 (interest on damages), in paragraph (4)—
(a)in sub-paragraph (b), omit “either”;
(b)omit sub-paragraph (b)(ii) (but not the final “and”) and the “or” before it.
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76. In Part 3 of Schedule 2 to the Local Government Pension Scheme Regulations 2013 M74 (scheme employers), in paragraph 7, omit sub-paragraph (b) (but not the final “or”).
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77. In regulation 2 of the Ukraine (European Union Financial Sanctions) Regulations 2014 M75 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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78. In regulation 2 of the Central African Republic (European Union Financial Sanctions) Regulations 2014 M76 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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79. In regulation 2 of the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014 M77 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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80. In regulation 4 of the Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014 M78 (power to require information), in the definition of “bank” in paragraph (11), omit paragraph (b) (but not the final “or”).
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M78S.I 2014/899.
81. In regulation 2 of the Sudan (European Union Financial Sanctions) Regulations 2014 M79 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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82. In regulation 2 of the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014 M80 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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83. In regulation 2 of the Yemen (European Union Financial Sanctions) Regulations 2014 M81 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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84. In regulation 2 of the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 M82 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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85. In regulation 2 of the Burundi (European Union Financial Sanctions) Regulations 2015 M83 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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86. In regulation 2 of the Iran (European Union Financial Sanctions) Regulations 2016 M84 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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87. In regulation 2 of the Libya (European Union Financial Sanctions) Regulations 2016 M85 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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88. In regulation 6 of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 2016 M86 (separate bank account), in paragraph (2), omit sub-paragraph (b).
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89. In regulation 2 of the Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017 M87 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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90. In regulation 70 of the Judicial Pensions (Fee-Paid Judges) Regulations 2017 M88 (interpretation), in the definition of “authorised insurer” in paragraph (1), omit paragraph (b) and the “or” before it.
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91. In regulation 2 of the Republic of Mali (European Union Financial Sanctions) Regulations 2017 M89 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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92. In regulation 2 of the Venezuela (European Union Financial Sanctions) Regulations 2017 M90 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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93. In article 2 of the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2018 M91 (interpretation), in paragraph (2)—
(a)before “ “relevant institution”” insert “ In this Order, ”;
(b)omit sub-paragraph (b) and the “and” before it.
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94. In regulation 2 of the Burma (European Union Financial Sanctions) Regulations 2018 M92 (interpretation), in the definition of “relevant institution” in paragraph (1), omit paragraph (b) (but not the final “or”).
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