(1) Where an intermediary charges a fee for providing a service under this Chapter, the intermediary shall publicly disclose the fee charged for such service.
(2) Subject to subsection (3), where an intermediary charges a shareholder, traded PLC or intermediary a fee for providing a service under this Chapter, the first-mentioned intermediary shall not charge a different fee for providing the service on a cross-border basis than the fee it charges for providing that service in the State.
(3) An intermediary may charge a different fee for providing a service on a cross-border basis than the fee it charges for providing the service in the State where the difference between the fees charged -
(a) is duly justified, and
(b) reflects the difference between -
(i) the actual costs incurred by the intermediary in providing the service on a cross-border basis, and
(ii) the actual costs incurred by the intermediary in providing the service in the State.