SCHEDULES

C2SCHEDULE 3EEA Passport Rights

Annotations:
Modifications etc. (not altering text)
C2

Sch. 3 extended (with modifications) (1.12.2001) by S.I. 2001/2636, arts. 1(2)(b), 25-27; S.I. 2001/3538, art. 2(1)

Sch. 3 extended (with modifications) (Gibraltar) (5.10.2001 for specified purposes, 1.12.2001 in so far as not already in force) by S.I. 2001/3084, arts. 1(1), 2-4 (as amended (16.6.2014) by The Alternative Investment Fund Managers Order 2014 (S.I. 2014/1292), arts. 1(2), 3 (which amending S.I. is itself amended by S.I. 2014/1313, arts. 1, 2(a)); and as amended (31.12.2020) by S.I. 2019/589, regs. 1(3), 5-9 (with reg. 12) (as amended by S.I. 2020/1274, regs. 1, 2)); S.I. 2001/3538, art. 2(1)

Sch. 3 modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(b), 128(3)(b) (with art. 23(2))

Part I Defined terms

The single market directives

I11

The single market directives” means—

F1a

the banking consolidation directive;

c

the insurance directives; F2. . .

F3ca

the reinsurance directive;

d

the F4markets in financial instruments directiveF5; F6. . .

e

the insurance mediation directiveF7; and

f

the UCITS directive.

The banking co-ordination directives

F8I2C12

”The banking consolidation directive” means Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions F9as last amended by Directive 2009/111/EC of the European Parliament and of the Council.

The insurance directives

I33

1

The insurance directives” means the first, second and third non-life insurance directives and the F10life assurance consolidation directive.

2

First non-life insurance directive” means the Council Directive of 24 July 1973 on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct insurance other than life assurance (No.73/239/EEC).

3

Second non-life insurance directive” means the Council Directive of 22 June 1988 on the co-ordination of laws, etc, and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC (No.88/357/EEC).

4

Third non-life insurance directive” means the Council Directive of 18 June 1992 on the co-ordination of laws, etc, and amending Directives 73/239/EEC and 88/357/EEC (No.92/49/EEC).

F118

Life assurance consolidation directive” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance.

F31The reinsurance directive

Annotations:
Amendments (Textual)
F31

Sch. 3 para. 3A and cross-heading inserted (10.12.2007) by The Reinsurance Directive Regulations 2007 (S.I. 2007/3253), reg. 2(1), Sch. 1 para. 6(b)

3A

The reinsurance directive” means Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC.

The investment services directive

4

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32The insurance mediation directive

Annotations:
Amendments (Textual)

4A

The insurance mediation directive” means the European Parliament and Council Directive of 9th December 2002 on insurance mediation (No.2002/92/EC).

F33The UCITS directive

Annotations:
Amendments (Textual)

4B

The UCITS directive” means the Council Directive of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (No.85/611/EEC).

F34The markets in financial instruments directive

Annotations:

4C

”The markets in financial instruments directive” means Directive 2004/39/ EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments.

EEA firm

I45

EEA firm” means any of the following if it does not have its F13relevant office in the United Kingdom—

a

an investment firm (as defined in F14Article 4.1.1 of the markets in financial instruments directive) which is authorised (within the meaning of F15Article 5) by its home state regulator;

F16b

a credit institution (as defined in Article 4.1 of the banking consolidation directive) which is authorised (within the meaning of Article 4.2) by its home state regulator,

c

a financial institution (as defined in Article 4.5 of the banking consolidation directive) which is a subsidiary of the kind mentioned in Article 24 and which fulfils the conditions in that Article;

d

an undertaking pursuing the activity of direct insurance (within the meaning of F17Article 2 of the life assurance consolidation directive or Article 1 of the first non-life insurance directive) which has received authorisation under F18Article 4 of the life assurance consolidation directive or Article 6 of the first non-life insurance directive from its home state regulator.F19; F20. . .

F21da

an undertaking pursuing the activity of reinsurance (within the meaning of Article 2.1(a) of the reinsurance directive) which has received authorisation under (or is deemed to be authorised in accordance with) Article 3 of the reinsurance directive from its home state regulator;

e

an insurance intermediary (as defined in Article 2.5 of the insurance mediation directive), or a reinsurance intermediary (as defined in Article 2.6) which is registered with its home state regulator under Article 3.F22; or

f

a management company (as defined in Article 1a.2 of the UCITS directive) which is authorised (within the meaning of Article 5) by its home state regulator.

F235A

In paragraph 5, “ relevant office ” means—

a

in relation to a firm falling within sub-paragraph (e) of that paragraph which has a registered office, its registered office;

b

in relation to any other firm, its head office.

EEA authorisation

F24I56

EEA authorisation” means—

a

in relation to an EEA firm falling within paragraph 5(e), registration with its home state regulator under Article 3 of the insurance mediation directive;

b

in relation to any other EEA firm, authorisation granted to an EEA firm by its home state regulator for the purpose of the relevant single market directive.

EEA right

I67

EEA right” means the entitlement of a person to establish a branch, or provide services, in an EEA State other than that in which he has his F25relevant office

a

in accordance with the Treaty as applied in the EEA; and

b

subject to the conditions of the relevant single market directive.

F267A

In paragraph 7, “ relevant office ” means—

a

in relation to a person who has a registered office and whose entitlement is subject to the conditions of the insurance mediation directive, his registered office;

b

in relation to any other person, his head office.

EEA State

F27I78

EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978.

Home state regulator

I89

Home state regulator” means the competent authority (within the meaning of the relevant single market directive) of an EEA State (other than the United Kingdom) in relation to the EEA firm concerned.

Annotations:
Commencement Information
I8

Sch. 3 Pt. I para. 9 wholly in force at 1.12.2001; Sch. 3 Pt. I para. 9 not in force at Royal Assent see s. 431(2); Sch. 3 Pt. I para. 9 in force for certain purposes at 25.2.2001 by S.I. 2001/516, art. 2(b)(c), Sch. Pts. 2, 3; Sch. 3 Pt. I para. 9 in force for specified purposes at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.; Sch. 3 Pt. I para. 9 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)

UK firm

I910

UK firm” means a person whose F28relevant office is in the UK and who has an EEA right to carry on activity in an EEA State other than the United Kingdom.

F29F2910A

In paragraph 10, “relevant office” means—

a

in relation to a firm whose EEA right derives from the insurance mediation directive and which has a registered office, its registered office;

b

in relation to any other firm, its head office.

F35UK investment firm

Annotations:
Amendments (Textual)

10B

UK investment firm” means a UK firm—

a

which is an investment firm, and

b

whose EEA right derives from the markets in financial instruments directive.

Host state regulator

I1011

Host state regulator” means the competent authority (within the meaning of the relevant single market directive) of an EEA State (other than the United Kingdom) in relation to a UK firm’s exercise of EEA rights there.

Annotations:
Commencement Information
I10

Sch. 3 Pt. I para. 11 wholly in force at 1.12.2001; Sch. 3 Pt. I para. 11 not in force at Royal Assent see s. 431(2); Sch. 3 Pt. I para. 11 in force for certain purposes (25.2.2001) by S.I. 2001/516, art. 2 Sch. Pts. 2, 3; Sch. 3 Pt. I para. 11 in force for specified purposes (18.6.2001) by S.I. 2001/1820, art. 2 Sch.; Sch. 3 Pt. I para. 11 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)

Tied agent

F3611A

”Tied agent” has the meaning given in Article 4.1.25 of the markets in financial instruments directive.

F3011BF30Management company

Management company” has the meaning given in Article 2.1(b) of the UCITS directive.

11CUCITS

UCITS” has the meaning given in Article 1.2 of the UCITS directive.