Paragraph 2 I1
United Kingdom
Regulation 2 M1 applies as if—
in paragraph (1)—
for the definition of “branch” there were substituted—
““branch” means a permanent presence of a UK insurer or a Gibraltarian insurer which is located in the territory of a country other than—
(a)the United Kingdom (in the case of a UK insurer);
(b)Gibraltar (in the case of a Gibraltarian insurer);”;
in the definition of “directive reorganisation measure”, the reference in Article 268(1)(c) of the Solvency 2 Directive to competent authorities were a reference to competent authorities in the United Kingdom or in Gibraltar;
in the definition of “directive winding up proceedings”, the reference in Article 268(1)(d) of the Solvency 2 Directive to competent authorities were a reference to competent authorities in the United Kingdom or in Gibraltar;
the definitions of “EEA creditor”, “EEA insurer”, “EEA regulator” and “EEA State” were omitted;
in the appropriate places there were inserted—
““Gibraltarian insurer” means an undertaking pursuing the activity of direct insurance (within the meaning of the Solvency 2 Directive) which has received authorisation under the law of Gibraltar which was relied on by Gibraltar before F3IP completion day to implement Article 14 or Article 162 of the Solvency 2 Directive from the Gibraltarian regulator;
“Gibraltarian regulator” means the Gibraltar Financial Services Commission;”;
for the definition of “home state regulator” there were substituted—
““home state regulator” in relation to a Gibraltarian insurer, means the Gibraltar Financial Services Commission;”;
the definition of “official language” were omitted;
in the definition of “the Solvency 2 Directive”, at the end there were inserted “as it had effect immediately before F4IP completion day”.
in paragraph (2)—
in sub-paragraphs (a) and (b), for “the relevant EEA State” both times it occurs, there were substituted “Gibraltar”;
the words after sub-paragraph (b) were omitted.
Annotations
Textual amendments
- F1
Words in Sch. 1 para. 2 inserted (31.12.2020 immediately before IP completion day) by The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 (S.I. 2020/1385), regs. 1(4), 60(3)(a)
- F2
Sch. 1 para. 2(a)-(h) renumbered as Sch. 1 para. 2(a)(i)-(viii) (31.12.2020 immediately before IP completion day) by The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 (S.I. 2020/1385), regs. 1(4), 60(3)(b)
- F3
Words in Sch. 1 para. 2(e) substituted (30.12.2020) by The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 40(g)(i)
- F4
Words in Sch. 1 para. 2(h) substituted (30.12.2020) by The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1301), regs. 1, 3, Sch. para. 40(g)(ii)
- F5
Sch. 1 para. 2(b) inserted (31.12.2020 immediately before IP completion day) by The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020 (S.I. 2020/1385), regs. 1(4), 60(3)(c)
Marginal citations
- M1
Regulation 2 was amended by S.I. 2007/108 and 2015/575. There are other amendments which are not relevant to this instrument.
Commencement
- I1
Sch. 1 para. 2 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)