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Paragraph 26 F1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The appropriate UK regulator may not reject a notification unless—

(a)

it is required to do so under sub-paragraph (3) or (4), or

(b)

it has power to do under sub-paragraph (5).

(2)

A notification is rejected when the appropriate UK regulator gives a written notice of the rejection to the Gibraltar regulator.

(3)

The appropriate UK regulator must reject a notification if satisfied that the notification does not satisfy one or more of the requirements in paragraph 24(1).

(4)

The appropriate UK regulator must reject a notification if it would be required to do so by paragraph 18(2) or (3) if the notification were a notification under Part 3 of this Schedule relating to—

(a)

the Gibraltar-based person, and

(b)

the activities that the person would have a Schedule 2A permission to carry on if the permission were varied as specified in the notification.

(5)

The appropriate UK regulator may reject a notification if it would have power to do so under paragraph 19 or 20 if the notification were a notification under Part 3 of this Schedule relating to—

(a)

the Gibraltar-based person, and

(b)

the activities that the person would have a Schedule 2A permission to carry on if the permission were varied as specified in the notification.

(6)

The rejection of a notification does not prevent the Gibraltar regulator from giving a further notification.

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)