Financial Services and Markets Bill - continued        House of Lords

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SCHEDULE 3
 
  EEA PASSPORT RIGHTS
  PART I
  DEFINED TERMS
 
The single market directives
     1. "The single market directives" means-
 
 
    (a) the first banking co-ordination directive;
 
    (b) the second banking co-ordination directive;
 
    (c) the insurance directives; and
 
    (d) the investment services directive.
 
The banking co-ordination directives
     2. - (1) "The first banking co-ordination directive" means the Council Directive of 12 December 1977 on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions (No. 77/780/EEC).
 
      (2) "The second banking co-ordination directive" means the Council Directive of 15 December 1989 on the co-ordination of laws, etc, relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC (No. 89/646/EEC).
 
 
The insurance directives
     3. - (1) "The insurance directives" means the first, second and third non-life insurance directives and the first, second and third life insurance directives.
 
      (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).
 
      (5) "First life insurance directive" means the Council Directive of 5 March 1979 on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance (No. 79/267/EEC).
 
      (6) "Second life insurance directive" means the Council Directive of 8 November 1990 on the co-ordination of laws, etc, and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC (No. 90/619/EEC).
 
      (7) "Third life insurance directive" means the Council Directive of 10 November 1992 on the co-ordination of laws, etc, and amending Directives 79/267/EEC and 90/619/EEC (No. 92/96/EEC).
 
 
The investment services directive
     4. "The investment services directive" means the Council Directive of 10 May 1993 on investment services in the securities field (No. 93/22/EEC).
 
 
EEA firm
     5. "EEA firm" means any of the following if it does not have its head office in the United Kingdom-
 
 
    (a) an investment firm (as defined in Article 1.2 of the investment services directive) which is authorised (within the meaning of Article 3) by its home state regulator;
 
    (b) a credit institution (as defined in Article 1 of the first banking co-ordination directive) which is authorised (within the meaning of Article 1) by its home state regulator;
 
    (c) a financial institution (as defined in Article 1 of the second banking co-ordination directive) which is a subsidiary of the kind mentioned in Article 18.2 and which fulfils the conditions in Article 18; or
 
    (d) an undertaking pursuing the activity of direct insurance (within the meaning of Article 1 of the first life insurance directive or of the first non-life insurance directive) which has received authorisation under Article 6 from its home state regulator.
 
EEA authorisation
     6. "EEA authorisation" means authorisation granted to an EEA firm by its home state regulator for the purpose of the relevant single market directive.
 
 
EEA right
     7. "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 head office-
 
 
    (a) in accordance with the Treaty as applied in the EEA; and
 
    (b) subject to the conditions of the relevant single market directive.
 
EEA State
     8. "EEA State" means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 as it has effect for the time being.
 
 
Home state regulator
     9. "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.
 
 
UK firm
     10. "UK firm" means a person whose head office is in the UK and who has an EEA right to carry on activity in an EEA State other than the United Kingdom.
 
 
Host state regulator
     11. "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.
 
 
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