Article 4 Exercise by UK firms of deemed passport rights in Gibraltar
Amendments (requiring commencement) by Sch. 8 to the Financial Services Act 2021 (c. 22), published 29 April 2021.
(1) Schedule 3 applies in relation to -
(a) the establishment by a UK firm of a branch in Gibraltar, or the provision by a UK firm of services in Gibraltar, or
(b) the marketing in Gibraltar by a UK firm of units of a UK UCITS as defined in section 237 [The definition of "UK UCITS" in section 237 was inserted by S.I. 2011/1613 and amended by S.I. 2013/1388.] of the Act
as follows.
(2) A UK firm is to be treated as having an entitlement, corresponding to the EEA right that such a firm would have had immediately before IP completion day, to establish a branch, provide services or market the units referred to in paragraph (1)(b) in Gibraltar.
(3) In relation to a UK firm, references in Schedule 3, the Passport Rights Regulations and article 77 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 to -
(a) "an EEA State" are to be treated as including references to Gibraltar;
(b) "an EEA right" are to be treated as including references to the entitlement mentioned in paragraph (2);