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Regulation 19 Approval of intermediaries

Original text. Later amendments are not shown.

(1)

Where an application is made under regulation 18 and is accompanied by the relevant fee, the enforcement authority shall (subject to paragraph (2) and regulation 23)—

(a)

check by means of an on the spot verification whether the applicant meets the applicable minimum conditions laid down in the Annex to Directive 95/69/EC, 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/EC as applicable.

(2)

The obligation imposed on the enforcement authority by paragraph (1)(a) shall not apply if the person who has applied to be approved as an intermediary has lodged a declaration of the type specified in the second paragraph of Article 5.1 of Directive 95/69/EC with the enforcement authority.

(3)

Where the enforcement authority is satisfied that the applicant meets the applicable minimum conditions laid down in the Annex to Directive 95/69/EC, it shall—

(a)

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

(b)

register the applicant on the register of approved intermediaries in accordance with Article 5.1 of Directive 95/69/EC, as read with Articles 8 and 9 of, and the Annex to, Directive 98/51/EC, as being an approved intermediary who may exercise that activity.