(1) A full-scope Gibraltar AIFM may not market in the United Kingdom an AIF that does not fall within regulation 57(1) unless -
(a) in the case of marketing to a professional investor, the FCA has received a regulator's notice in relation to the marketing of the AIF in accordance with Schedule 3 to the Act; or
(b) in the case of marketing to a retail investor -
(i) the FCA has received a regulator's notice in relation to the marketing of the AIF in accordance with Schedule 3 to the Act; or
(ii) the FCA has approved the marketing in accordance with regulation 54 and has not suspended or revoked that approval.
(2) References in this regulation to Schedule 3 to the Act are to that Schedule as it applies in relation to Gibraltar AIFMs and Gibraltar AIFs.