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Regulation 13 Approval of intermediaries

Original text. Later amendments are not shown.

(1)

Where an application complying with regulation 12(2) is made under paragraph (1) of that regulation, the competent body shall—

(a)

subject to paragraph (2), check by means of an on the spot verification whether the applicant meets the applicable conditions, and

(b)

process the application in accordance with the requirements of the second paragraph of Article 4.1, or the second paragraph of Article 4.2, of Directive 95/69, as the case may be.

(2)

Paragraph (1)(a) shall not apply in the case of a person who makes an application under regulation 12(1) if—

(a)

he is a person of the kind referred to in the second paragraph of Article 5.1 of Directive 95/69, and

(b)

at the time he makes his application, he lodges with the competent body a declaration of the kind specified in that paragraph.

(3)

Where the competent body is satisfied that the applicant—

(a)

meets the applicable conditions, or

(b)

is a person of the kind referred to in paragraph (2)(a) who satisfies paragraph (2)(b),

it shall—

(A)

approve the applicant as an intermediary who may exercise the intermediary activity concerned, and

(B)

in accordance with Article 5.1 of Directive 95/69, as read with Articles 8 and 9 of, and the Annex to, Directive 98/51, enter the applicant on a register, which the competent body shall maintain, under an individual approval number which identifies the applicant, as an intermediary approved for the exercise of that activity.