The Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

6.—(1) In article 7 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(1)—

(a) in paragraph (2)—

(i) at the end of sub-paragraph (b), insert “or”;

(ii) omit sub-paragraphs (d) and (e).

(b) in paragraph (3)—

(i) at the end of sub-paragraph (b) insert “and”;

(ii) omit sub-paragraph (d) and the preceding “and”.

(2) Until 11 p.m. on 31 December 2020, the amendments made by paragraph (1) do not apply in relation to—

(a) an individual who was a registered European lawyer immediately before exit day, or

(b) an individual to whom paragraph (3), (4) or (5) applies.

(3) This paragraph applies to an individual who made an application for registration under regulation 16 of the relevant regulations before exit day, if—

(a) the application has not been decided before exit day, or

(b) the application has been rejected (or deemed to be rejected) under regulation 19 of the relevant regulations and—

(i) an appeal against the rejection (or deemed rejection) has been made, but not finally determined or withdrawn, before exit day, or

(ii) an appeal against the rejection (or deemed rejection) is made on or after exit day.

(4) This paragraph applies to an individual whose registration as a registered European lawyer was suspended before exit day, if—

(a) the suspension does not end until on or after exit day,

(b) an application to terminate the suspension or an appeal against the suspension has been made, but not finally determined or withdrawn, before exit day,

(c) an appeal against a determination of an application to terminate the suspension has been made, but not finally determined or withdrawn, before exit day,

(d) an appeal against the suspension is made on or after exit day, or

(e) an appeal against a determination of an application to terminate the suspension is made on or after exit day.

(5) This paragraph applies to an individual whose registration as a registered European lawyer was withdrawn or revoked before exit day by the professional body with whom that individual had been registered, if—

(a) an appeal against the withdrawal or revocation has been made, but not finally determined or withdrawn, before exit day, or

(b) an appeal against the withdrawal or revocation is made on or after exit day.

(6) In this regulation, and in article 7 as it has effect by virtue of paragraph (2) above, “registered European lawyer” has the meaning given by regulation 2(1) of the relevant regulations as that regulation had effect immediately before exit day.

(7) In this regulation “the relevant regulations” means—

(a) the European Communities (Lawyer’s Practice) Regulations 2000(2), or

(b) the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000(3).

(1)

S.I. 2001/544.

(2)

S.I. 2000/1119; amended by S.I. 2001/644, 2003/435 (N.I. 10), 2004/1628, 2008/81, 2009/1587, 2009/3348, 2013/1605, 2013/3176, 2015/401 and 2015/2059.

(3)

S.S.I. 2000/121; amended by S.S.I. 2004/302, 2007/359, and 2013/177.