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Regulation 30 Conditions to be satisfied for regulation 28 to apply: persons who cease to be authorised on IP completion dayF1F6

United Kingdom

(1)

The conditions are that the person is one—

(a)

who, immediately before F2IP completion day—

(i)

is authorised to carry on a regulated activity in the United Kingdom by virtue of section 31(1)(b) or (c) of the 2000 Act, and

(ii)

is carrying on such an activity F3or, subject to paragraph (3), providing a payment service in the United Kingdom through an establishment in the United Kingdom,

(F4aa)

who is not a Gibraltar firm,

(b)

who, immediately before IP completion day, is not authorised to carry on a regulated activity by virtue of section 31(1)(a) of the 2000 Act,

(c)

who, on IP completion day, is not authorised to carry on a regulated activity by virtue of section 31(1)(a) of the 2000 Act, and

(d)

to whom, on IP completion day, regulation 8 does not apply.

(2)

In this regulation—

(a)

reference to carrying on a regulated activity at a particular time includes where the performance of a pre-existing contract requires, or may require, a regulated activity to be carried on at another time;

(b)

reference to authorisation to carry on a regulated activity by virtue of section 31(1)(a) of the 2000 Act does not include such an authorisation by virtue of regulation 28.

F5(3)

The reference to providing a payment service in paragraph (1)(a)(ii) applies only to a credit institution which was providing the service through an establishment in the United Kingdom immediately before IP completion day in accordance with the exercise of an EEA passport right under Title 5 of Directive 2013/36/EU as in force immediately before IP completion day.

Annotations

Textual amendments

F1

Pt. 6 inserted (1.3.2019) by The Financial Services Contracts (Transitional and Saving Provision) (EU Exit) Regulations 2019 (S.I. 2019/405), regs. 1(2), 2

F2

Words in reg. 30 substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 6(2)(r)

F3

Words in reg. 30(1)(a)(ii) inserted (6.9.2019) by The Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1212), regs. 1(2), 6(2)(a)

F4

Reg. 30(1)(aa) inserted (16.3.2019) by The Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/589), regs. 1(2), 11(5)

F5

Reg. 30(3) inserted (6.9.2019) by The Financial Services (Electronic Money, Payment Services and Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1212), regs. 1(2), 6(2)(b)

F6

Words in reg. 30 heading substituted (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 6(2)(r)