SCHEDULE 7 UK-Based Persons Carrying on Activities in Gibraltar

SCHEDULE 7 UK-Based Persons Carrying on Activities in Gibraltar

Section 22

After Schedule 2A to the Financial Services and Markets Act 2000 (inserted by Schedule 6 to this Act) insert—

“SCHEDULE 2B
UK-Based Persons Carrying on Activities in Gibraltar
Section 36A
Part 1
Interpretation etc

UK-based person

1

(1)     In this Schedule, “UK-based person†means a person listed in sub-paragraph (2) whose head office or registered office is in the United Kingdom (and see also Part 6 of this Schedule).

(2)     Those persons are—

(a)     an individual,

(b)     a body corporate,

(c)     a partnership, or

(d)     an unincorporated association.

Regulators

2

(1)     In this Schedule—

“the Gibraltar regulator†has the same meaning as in Schedule 2A (see paragraph 2 of that Schedule);

“UK regulator†means the FCA or the PRA.

(2)     In this Schedule, “the appropriate UK regulator†means—

(a)     the PRA, in a case where the UK-based person is a PRA-authorised person, and

(b)     the FCA, in any other case.

Restricted activity

3

(1)     In this Schedule, “restricted activity†means—

(a)     an activity which, when carried on in the United Kingdom, is a regulated activity,

(b)     marketing a UCITS,

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