(1) This section applies if the appropriate regulator has clear and demonstrable grounds for believing -
(a) that a relevant EEA firm has contravened, or is contravening, a requirement falling within subsection (2)(in a case to which Article 86.1 or 86.3 of the markets in financial instruments directive applies);
(b) that a relevant EEA UCITS has contravened, or is contravening, a requirement falling within subsection (3) (in a case to which Article 108.4 of the UCITS directive applies); or
(c) that an EEA AIFM has contravened, or is contravening, a requirement falling within subsection (3A) (in a case to which Article 45.7 or 45.8 of the alternative investment fund managers directive applies).
(2) A requirement falls within this subsection if it is imposed on the firm -
(a) by or under any provision adopted in the firm’s home state for the purpose of implementing the markets in financial instruments directive;
(aa) by or under any provision of the markets in financial instrumen