Paragraph 20 F1

United Kingdom

(1)

The appropriate UK regulator may reject a notification if satisfied that the Gibraltar-based person—

(a)

lost a relevant access right at any time, and

(b)

poses, or is likely to pose, a serious threat to—

(i)

the interests of consumers (as defined in section 1G), or

(ii)

the soundness, stability and resilience of the UK financial system or a part of that system.

(2)

The appropriate UK regulator may reject a notification if satisfied that—

(a)

the Gibraltar-based person—

(i)

is a member of the same group as a person that lost a relevant access right at any time, or

(ii)

has close links with such a person (as defined in paragraph 2C(2) of Schedule 6), and

(b)

given the nature of the relationship between that person and the Gibraltar-based person, the Gibraltar-based person poses, or is likely to pose, a serious threat to—

(i)

the interests of consumers (as defined in section 1G), or

(ii)

the soundness, stability and resilience of the UK financial system or a part of that system.

(3)

For the purposes of this paragraph, a person lost a relevant access right if—

(a)

its Part 4A permission was cancelled,

(b)

its Schedule 2A permission was cancelled, or

(c)

it ceased to qualify for authorisation under Schedule 3 (other than by virtue of the repeal of that Schedule).

(4)

When deciding whether to reject a notification under this paragraph, the appropriate UK regulator must have regard, among other things, to the reasons why the person lost the relevant access right.

Annotations

Textual amendments

F1: Sch. 2A inserted (1.9.2023 for specified purposes) by Financial Services Act 2021 (c. 22), s. 49(5), Sch. 6 (as amended (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 100(3)(b)); S.I. 2023/934, reg. 2(a)