{
  "url": "https://openlegislation.uk/financial-services-and-markets-act-2000-transitional-provisions-authorised-persons-etc-order-2001/article-77",
  "json_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-transitional-provisions-authorised-persons-etc-order-2001/article-77.json",
  "legislation": "uksi/2001/2636",
  "legislation_title": "The Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc. ) Order 2001",
  "legislation_url": "https://openlegislation.uk/financial-services-and-markets-act-2000-transitional-provisions-authorised-persons-etc-order-2001",
  "path": "article/77",
  "kind": "article",
  "number": "77",
  "heading": "UK firms with “passports” before commencement",
  "text": "(1) This article applies to a UK firm within the meaning of Schedule 3.\n(2) If, before commencement, the requirements of—\n(a) paragraph 1 of Schedule 6 to the 2BCD Regulations;\n(b) paragraph 1 of Schedule 6 to the ISD Regulations;\n(c) paragraph 1 of Schedule 2G to the Insurance Companies Act; or\n(d) paragraph 1 of Schedule 13B to the Friendly Societies Act,\nwere complied with in relation to the establishment of a branch by the firm in an EEA State, the conditions in sub-paragraphs (2) to (5) of paragraph 19 of Schedule 3 are to be treated as satisfied in relation to the establishment of the branch (subject to any pre-commencement changes).\n(3) In paragraph (2), “pre-commencement changes” means any changes relating to the branch in respect of which the requirements of—\n(a) paragraph 5 of Schedule 6 to the 2BCD Regulations;\n(b) paragraph 6 of Schedule 6 to the ISD Regulations;\n(c) paragraph 2 or 3 of Schedule 2G to the Insurance Companies Act; or\n(d) paragraph 2 or 3 of Schedule 13B to the Friendly Societies Act,\nwere complied with before commencement.\n(4) If, before commencement, the requirements of—\n(a) paragraph 1 of Schedule 6 to the 2BCD Regulations;\n(b) paragraph 1 of Schedule 6 to the ISD Regulations;\n(c) paragraph 5 of Schedule 2G to the Insurance Companies Act; or\n(d) paragraph 5 of Schedule 13B to the Friendly Societies Act,\nwere complied with in relation to the firm’s provision of services in an EEA State, the condition in paragraph 20(1) of Schedule 3 is to be treated as satisfied in relation to its provision of those services in that State (subject to any pre-commencement changes).\n(5) In paragraph (4), “pre-commencement changes” means any changes relating to the provision of the services in respect of which the requirements of—\n(a) paragraph 5 of Schedule 6 to the ISD Regulations;\n(b) paragraph 6 of Schedule 2G to the Insurance Companies Act; or\n(c) paragraph 6 of Schedule 13B to the Friendly Societies Act,\nwere complied with before commencement.\n(6) Where paragraph (4) applies by reason of compliance with the requirements of—\n(a) paragraph 5 of Schedule 2G to the Insurance Companies Act; or\n(b) paragraph 5 of Schedule 13B to the Friendly Societies Act;\nthen a consent notice is deemed to have been given by the Authority under paragraph 20(3A)(a) of Schedule 3 and the notice required by paragraph 20(4B) of that Schedule is deemed to have been received by the firm.\n(7) References in this article to compliance with any requirements of Schedule 6 to the 2BCD or ISD Regulations, Schedule 2G to the Insurance Companies Act or Schedule 13B to the Friendly Societies Act include references to deemed compliance by virtue of—\n(a) paragraph 2 of Schedule 11 to the 2BCD Regulations or ISD Regulations;\n(b) regulation 70 of the 31D Regulations;\n(c) regulation 15 of the Friendly Societies Act 1992 (Amendment) Regulations 1994; or\n(d) regulation 7 of the Friendly Societies (Amendment) Regulations 1997.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "Art. 77 modified (1.12.2001) by The Financial Services and Markets Act 2000 (Gibraltar) Order 2001 (S.I. 2001/3084), arts. 1(1), 4(3) (as amended 31.12.2020) by S.I. 2019/589, regs. 1(3), 9 (with reg. 12) (which was itself amended by S.I. 2020/1274, regs. 1, 2 and S.I. 2020/1301, regs. 1, 3, Sch. para. 32(e)(iii)); 2020 c. 1, Sch. 5 para. 1(1))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 77 in force at 1.12.2001, see art. 1(2)(b)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Sub-paragraphs (3A) and (4B) of paragraph 20 of Schedule 3 were inserted by the Financial Services (EEA Passport Rights) Regulations 2001 (S.I. 2001/1376)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1994/1984."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 1997/2849."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2001/2636/article/77",
    "retrieved_at": "2026-10-29T07:34:38.690962+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}