Paragraph 9

in sub-paragraph (1), after paragraph (b), insert—

“(ba)

if the firm falls within paragraph 5(b) and is seeking to provide services in exercise of the right under Article 31.5 of the markets in financial instruments directive, the Authority has received notice (“a regulator’s notice”) from the firm’s home state regulator stating that the firm intends to exercise that right in the United Kingdom;”;

after sub-paragraph (2) insert—

“(2A)

Sub-paragraph (2)(b) does not apply in the case of a firm falling within paragraph 5(a).”.