SCHEDULE 8 Gibraltar: Minor and Consequential Amendments

SCHEDULE 8 Gibraltar: Minor and Consequential Amendments

Section 22

Financial Services and Markets Act 2000 (c 8)

1

The Financial Services and Markets Act 2000 is amended as follows.

2

In section 3A(3)(a) (expressions in which general definition of “regulator†does not apply), at the end insert—

““Gibraltar regulatorâ€;â€.

3

In section 33(1)(a) (withdrawal of authorisation), after “permission†insert “or Schedule 2A permissionâ€.

4

In Part 5 (performance of regulated activities), after section 71I insert—

“Application of this Part to Gibraltar-based persons
71J Application of this Part to Gibraltar-based persons

(1)     This section applies to an authorised person that—

(a)     has a Schedule 2A permission, but

(b)     does not have a Part 4A permission.

(2)     The person is only required to comply with the provisions listed in subsection (3) if the person has a branch in the United Kingdom.

(3)     Those provisions are—

(a)     section 59(1) or (2) (approval for particular arrangements), or

(b)     section 63E(1) (certification of employees).

(4)     In this section, “branch†has the same meaning as in Schedule 2A (see paragraph 3 of that Schedule).â€

5

After section 137A insert—

“137AA The FCA's general rules: Gibraltar

(1)

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