GEN 1
Appropriate regulator approval and emergencies
GEN 1.1
Application
- 01/12/2004
[Note: ESMA has also issued guidelines under article 16(3) of the ESMA Regulation covering various topics relating to automated trading and direct electronic access.
GEN 1.1.1
See Notes
- (1) This chapter applies to every firm. GEN 1.3 (Emergency) also applies to an unauthorised person to whom a rule in the Handbook applies.
- (2) For a UCITS qualifier, this chapter applies only with respect to the communication and approval of financial promotions to which COBS 4 (Communicating with clients, including financial promotion) applies and to the maintenance of facilities to which COLL 9.4 (Facilities in the United Kingdom) applies.
- 01/04/2013
- Past version of GEN 1.1.1 before 01/04/2013
GEN 1.2
Referring to approval by the appropriate regulator
- 01/04/2013
- Past version of GEN 1.2 before 01/04/2013
GEN 1.2.1
See Notes
- 01/04/2013
- Past version of GEN 1.2.1 before 01/04/2013
GEN 1.2.2
See Notes
- (1) Unless required to do so under the regulatory system, a firm must ensure that neither it nor anyone acting on its behalf claims, in a public statement or to a client, expressly or by implication, that its affairs, or any aspect of them, have the approval or endorsement of the appropriate regulator or another competent authority.
- (2) Paragraph (1) does not apply to statements that explain, in a way that is fair, clear and not misleading, that:
- (a) the firm is an authorised person;
- (b) the firm has permission to carry on a specific activity;
- (c) an authorisation order has been made in relation to an AUT, ACS or ICVC;
- (d) a recognised scheme has that status;
- (e) the firm's approved persons have been approved by the appropriate regulator for the purposes of section 59 of the Act (Approval for particular arrangements);
- (f) the firm has been given express written approval by the appropriate regulator in respect of a specific aspect of the firm's affairs.
- (3) Paragraph (1) applies with respect to the carrying on of both regulated activities and unregulated activities.
- 01/04/2014
- Past version of GEN 1.2.2 before 01/04/2014
GEN 1.2.3
See Notes
- 01/04/2013
- Past version of GEN 1.2.3 before 01/04/2013
GEN 1.3
Emergency
- 01/12/2004
GEN 1.3.1
See Notes
- 01/04/2013
- Past version of GEN 1.3.1 before 01/04/2013
GEN 1.3.2
See Notes
- (1) If any emergency arises which:
- (a) makes it impracticable for a person to comply with a particular rule in the Handbook;
- (b) could not have been avoided by the person taking all reasonable steps; and
- (c) is outside the control of the person, its associates and agents (and of its and their employees);
- the person will not be in contravention of that rule to the extent that, in consequence of the emergency, compliance with that rule is impracticable.
- (2) Paragraph (1) applies only for so long as:
- (a) the consequences of the emergency continue; and
- (b) the person can demonstrate that it is taking all practicable steps to deal with those consequences, to comply with the rule, and to mitigate losses and potential losses to its clients (if any).
- (3) The person must notify the appropriate regulator as soon as practicable of the emergency and of the steps it is taking and proposes to take to deal with the consequences of the emergency.
- (4) A notification under (3) must be given to or addressed and delivered in accordance with SUP 15.7 (Form and method of notification) (whether or not the person is a firm). If the person is not a firm, the notification must be given to or addressed for the attention of: Firm Contact Centre, The Financial Conduct Authority, 25 The North Colonnade, Canary Wharf, London E14 5HS (tel: 0845 606 9966).
GEN 1.3.2A
See Notes
- 19/06/2014
GEN 1.3.3
See Notes
- 01/04/2013
- Past version of GEN 1.3.3 before 01/04/2013
GEN 1.3.4
See Notes
- 01/04/2013
- Past version of GEN 1.3.4 before 01/04/2013
GEN 1.3.5
See Notes
- 01/04/2013
- Past version of GEN 1.3.5 before 01/04/2013
GEN 2
Interpreting the Handbook
GEN 2.1
Introduction
- 06/07/2006
- Past version of GEN 2.1 before 06/07/2006
Application
GEN 2.1.2
See Notes
- 01/04/2013
- Past version of GEN 2.1.2 before 01/04/2013
The Reader's Guide
GEN 2.1.10
See Notes
- 01/04/2013
- Past version of GEN 2.1.10 before 01/04/2013
GEN 2.2
Interpreting the Handbook
- 01/12/2004
Purposive interpretation
GEN 2.2.1
See Notes
- 01/04/2013
- Past version of GEN 2.2.1 before 01/04/2013
GEN 2.2.2
See Notes
- 01/04/2013
- Past version of GEN 2.2.2 before 01/04/2013
Evidential provisions
GEN 2.2.3
See Notes
- 01/04/2013
- Past version of GEN 2.2.3 before 01/04/2013
GEN 2.2.4
See Notes
- (1) The rules to which section 138C of the Act applies ("evidential provisions") are identified in the Handbook by the status letter "E" in the margin or heading.
- (2) Other provisions in the Handbook, although also identified by the status letter "E" in the margin or heading, are actually not rules but provisions in codes and GEN 2.2.3 R does not apply to them. These code provisions are those provisions in the Code of Practice for Approved Persons (APER 3 and APER 4) and the Code of Market Conduct (MAR 1) with the status letter "E".
- 01/04/2013
- Past version of GEN 2.2.4 before 01/04/2013
GEN 2.2.5
See Notes
- 01/04/2013
- Past version of GEN 2.2.5 before 01/04/2013
Use of defined expressions
GEN 2.2.6
See Notes
- 01/04/2013
- Past version of GEN 2.2.6 before 01/04/2013
GEN 2.2.7
See Notes
- 01/04/2013
- Past version of GEN 2.2.7 before 01/04/2013
GEN 2.2.8
See Notes
Examples of related expressions are:
- (1) "advice on investments" and "advise on investments", which should be interpreted by reference to "advising on investments";
- (2) "closely linked", which should be interpreted by reference to "close links";
- (3) "controls" and "controlled", which should be interpreted by reference to "control"; and
- (4) "effect", as for example in "effect a life policy", which should be interpreted by reference to "effecting contracts of insurance".
- 01/04/2013
- Past version of GEN 2.2.8 before 01/04/2013
GEN 2.2.9
See Notes
- 01/04/2013
- Past version of GEN 2.2.9 before 01/04/2013
GEN 2.2.10
See Notes
- 01/04/2013
- Past version of GEN 2.2.10 before 01/04/2013
Application of the Interpretation Act 1978
GEN 2.2.11
See Notes
- 01/04/2013
- Past version of GEN 2.2.11 before 01/04/2013
GEN 2.2.12
See Notes
The application of the Interpretation Act 1978 to the Handbook has the effect, in particular, that:
- (1) expressions in the Handbook used in the Act have the meanings which they bear in the Act, unless the contrary intention appears;
- (2) where reference is made in the Handbook to an enactment, it is a reference to that enactment as amended, and includes a reference to that provision as extended or applied by or under any other enactment, unless the contrary intention appears; and
- (3) unless the contrary intention appears:
- 01/04/2013
- Past version of GEN 2.2.12 before 01/04/2013
Civil partnership - references to stepchildren etc
GEN 2.2.12A
See Notes
GEN 2.2.12B
See Notes
Cross-references in the Handbook
GEN 2.2.13
See Notes
- 01/04/2013
- Past version of GEN 2.2.13 before 01/04/2013
GEN 2.2.13A
See Notes
- 01/04/2013
References to writing
GEN 2.2.14
See Notes
- 01/04/2013
- Past version of GEN 2.2.14 before 01/04/2013
GEN 2.2.15
See Notes
GEN 2.2.14 R means that, for example, electronic media may be used to make communications which are required by a provision of the Handbook to be "in writing", unless a contrary intention appears, or the use of electronic media would contravene some other requirement. GEN 2.2.14 R does not, however, affect any other legal requirement which may apply in relation to the form or manner of executing a document or agreement.
- 01/04/2013
- Past version of GEN 2.2.15 before 01/04/2013
GEN 2.2.16
See Notes
- 01/04/2013
- Past version of GEN 2.2.16 before 01/04/2013
Activities covered by general rules
GEN 2.2.17
See Notes
A general rule (that is a rule made by the appropriate regulator under the general rule making powers) is to be interpreted as:
- (1) applying to a firm with respect to the carrying on of all regulated activities, except to the extent that a contrary intention appears; and
- (2) not applying to a firm with respect to the carrying on of unregulated activities, unless and then only to the extent that a contrary intention appears.
- 01/04/2013
- Past version of GEN 2.2.17 before 01/04/2013
Continuity of authorised partnerships and unincorporated associations
GEN 2.2.18
See Notes
- (1) If a firm, which is a partnership or unincorporated association, is dissolved, but its authorisation continues to have effect under section 32 of the Act (Partnerships and unincorporated associations) in relation to any partnership or unincorporated association which succeeds to the business of the dissolved firm, the successor partnership or unincorporated association is to be regarded as the same firm for the purposes of the Handbook unless the context otherwise requires.
- (2) [deleted]
- (3) [deleted]
- 01/04/2013
- Past version of GEN 2.2.18 before 01/04/2013
GEN 2.2.19
See Notes
- 01/04/2013
- Past version of GEN 2.2.19 before 01/04/2013
European Economic Area (EEA)
GEN 2.2.21
See Notes
- 01/04/2013
- Past version of GEN 2.2.21 before 01/04/2013
Treaty of Lisbon
GEN 2.2.22
See Notes
- 01/04/2013
- Past version of GEN 2.2.22 before 01/04/2013
Application of provisions made by both the FCA and the PRA
GEN 2.2.23
See Notes
- (1) This rule applies to Handbook provisions made by both the FCA and the PRA. It may affect their application by the FCA to PRA-authorised persons and PRA approved persons, and may affect their application by the PRA to any authorised person or approved person.
- (2) Where a Handbook provision (or part of one) goes beyond the FCA's or PRA's powers or regulatory responsibilities, it is to be interpreted as applied by that regulator to the extent of that regulator's powers and regulatory responsibilities only.
- (3) The extent of a Handbook provision is to be interpreted as cut back under GEN 2.2.23R (2) by the minimum degree necessary.
- 01/04/2013
GEN 2.2.24
See Notes
- 01/04/2013
GEN 2.2.25
See Notes
Examples of rules being interpreted as cut back by GEN 2.2.23 R include the following:
- (1) [deleted]
- (2) SYSC 6.1.1 R requires a firm to maintain adequate policies and procedures to ensure compliance with its obligations under the regulatory system; SYSC 6.1.1 R should be interpreted:
- (a) as applied by the FCA in respect of a PRA-authorised person's compliance with regulatory obligations that are the responsibility of the FCA (for example, in respect of a bank maintaining policies and procedures to ensure compliance with banking conduct requirements in BCOBS); and,
- (b) as applied by the PRA in respect of a PRA-authorised person's compliance with those regulatory obligations that are the responsibility of the PRA (for example, in respect of a bank maintaining policies and procedures to ensure compliance with financial resources requirements in the PRA Rulebook and the EU CRR).
- (3) COMP 5.2.1 R sets out types of protected claims to be covered by the FSCS. The powers of the FCA and the PRA to make this type of rule are set out in the order made under section 213(1A) of the Act. The rule must be read as applying only to the extent of those powers. For example, the PRA has no power to make COMP 5.2.1 R (3) creating protected claims in connection with protected investment business, and the FCA has no power to make COMP 5.2.1 R (1) as creating protected claims for a protected deposit. As such, those provisions are to be interpreted as not applied by the PRA and FCA, respectively.
- 01/01/2014
- Past version of GEN 2.2.25 before 01/01/2014
Export chapter as
GEN 4
Statutory status disclosure
GEN 4.1
Application
- 31/10/2008
- Past version of GEN 4.1 before 31/10/2008
Who? What?
GEN 4.1.1
See Notes
This chapter applies to every firm and with respect to every regulated activity, except that:
- (1) for an incoming ECA provider, this chapter does not apply when the firm is acting as such;
- (2) for an incoming EEA firm which has permission only for cross-border services and which does not carry on regulated activities in the United Kingdom, this chapter does not apply;
- (3) for an incoming firm not falling under (1) or (2), this chapter does not apply to the extent that the firm is subject to equivalent rules imposed by its Home State;
- (4) for a UCITS qualifier, this chapter does not apply; and
- (5) only GEN 4.5 (Statements about authorisation and regulation by the appropriate regulator) applies in relation to MiFID or equivalent third country business and only where that MiFID or equivalent third country business is not business falling within paragraph 2 (Transactions between an MTF operator and its users), 3 (Transactions concluded on an MTF) or 4 (Transactions concluded on a regulated market) of Part 1 of COBS 1 Annex 1.
- 01/04/2013
- Past version of GEN 4.1.1 before 01/04/2013
Where?
GEN 4.1.2
See Notes
- 01/04/2013
- Past version of GEN 4.1.2 before 01/04/2013
GEN 4.1.3
See Notes
- 01/04/2013
- Past version of GEN 4.1.3 before 01/04/2013
GEN 4.1.4
See Notes
- 01/04/2013
- Past version of GEN 4.1.4 before 01/04/2013
GEN 4.2
Purpose
- 01/12/2004
GEN 4.2.1
See Notes
- 01/04/2013
- Past version of GEN 4.2.1 before 01/04/2013
GEN 4.2.1C
See Notes
- 01/04/2013
GEN 4.3
Letter disclosure
- 01/12/2004
Disclosure in letters to retail clients
GEN 4.3.1
See Notes
- 01/04/2013
- Past version of GEN 4.3.1 before 01/04/2013
GEN 4.3.1A
See Notes
- 01/04/2013
- Past version of GEN 4.3.1A before 01/04/2013
GEN 4.3.2B
See Notes
- 04/10/2013
- Past version of GEN 4.3.2B before 04/10/2013
GEN 4.3.3
See Notes
- (1) GEN 4.3.1 R (Disclosure in letters to retail clients) covers letters delivered by hand, sent by post and sent by fax and also electronic mail, but not text messages, account statements, business cards or compliment slips (used as such).
- (2) GEN 4.3.1 R (Disclosure in letters to retail clients) applies in relation to letters sent by any of the firm's employees, which includes its appointed representatives and their employees.
- (3) Firms are likely to find it convenient to include the required disclosure in their letterhead.
- 01/04/2013
- Past version of GEN 4.3.3 before 01/04/2013
Exception: insurers
GEN 4.3.4
See Notes
GEN 4.3.1 R (Disclosure in letters to retail clients) does not apply in relation to:
- (1) general insurance business if:
- (a) the State of the risk is an EEA State other than the United Kingdom; or
- (b) the State of the risk is outside the EEA and the client is not in the United Kingdom when the contract of insurance is entered into; or
- (2) long-term insurance business if:
- (a) the client is habitually resident in an EEA State other than the United Kingdom; or
- (b) the client is habitually resident outside the EEA and is not present in the United Kingdom when the contract of insurance is entered into.
- 01/04/2013
- Past version of GEN 4.3.4 before 01/04/2013
GEN 4.4
Business for retail clients from non-UK offices
- 01/11/2007
- Past version of GEN 4.4 before 01/11/2007
GEN 4.4.1
See Notes
- (1) If, in any communication:
- (a) made to:
- (i) (in relation to a non-investment insurance contract) a consumer;
- (ii) (in relation to a home finance transaction) a customer; or
- (iii) (in all other cases) a retail client; and
- (b) in connection with a regulated activity carried on from an establishment of the firm (or its appointed representative) that is not in the United Kingdom;
- the firm indicates that it is an authorised person, it must also, where relevant, and with equal prominence, give the information in (2) in writing.
- (2) The information required is that in some or all respects the regulatory system applying will be different from that of the United Kingdom. The firm may also indicate the protections and complaints or compensation arrangements available under another relevant system of regulation.
- (3) A firm need not provide the information required by (1) if it has already provided it in writing to the customer to whom the communication is made.
- 01/04/2013
- Past version of GEN 4.4.1 before 01/04/2013
GEN 4.5
Statements about authorisation and regulation by the appropriate regulator
- 01/04/2013
- Past version of GEN 4.5 before 01/04/2013
Application
GEN 4.5.1
See Notes
This section applies to a firm:
- (1) communicating with a customer; or
- (2) communicating or approving a financial promotion other than:
- (a) a financial promotion that would benefit from an exemption in the Financial Promotion Order if it were communicated by an unauthorised person;
- (b) a promotion of an unregulated collective investment scheme that would breach section 238(1) of the Act if made by an authorised person (firms may not communicate or approve such promotions).
- 01/04/2013
- Past version of GEN 4.5.1 before 01/04/2013
GEN 4.5.2
See Notes
- 01/04/2013
- Past version of GEN 4.5.2 before 01/04/2013
The duty
GEN 4.5.3A
See Notes
- 01/04/2013
GEN 4.5.4A
See Notes
- 01/04/2013
GEN 4.5.5
See Notes
- 01/04/2013
- Past version of GEN 4.5.5 before 01/04/2013
GEN 4.5.6
See Notes
- (1) Neither an incoming EEA firm nor an incoming Treaty firm is authorised by the FCA or PRA when acting as such.
- (2) It is likely to be misleading for a firm that is not authorised by the FCA or PRA to state or imply that it is so authorised. It is also likely to be misleading for a firm to state or imply that a client will have recourse to the Financial Ombudsman Service or the FSCS where this is not the case.
- (3) [deleted]
- 01/04/2013
- Past version of GEN 4.5.6 before 01/04/2013
GEN 4 Annex 1A
Statutory status disclosure (PRA-authorised persons)
- 01/04/2013
See Notes
Type of firm | Required disclosure (Note 5) | |
(1) | UK domestic firm | "Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority" (Note 1) |
(2) | overseas firm (which is not an incoming firm) | "[Authorised and regulated by [name of the overseas regulator of the overseas firm in the jurisdiction of that overseas firm's registered office (or, if it has no registered office, its head office)]]. Authorised by the Prudential Regulation Authority. Subject to regulation by the Financial Conduct Authority and limited regulation by the Prudential Regulation Authority. Details about the extent of our regulation by the Prudential Regulation Authority are available from us on request." (Notes 1, 2, 3, and 3a) |
(3) | Incoming firm without a top-up permission | (a) "Authorised by [name of Home State regulator]" or (b) "Authorised by [name of Home State regulator] and subject to limited regulation by the Financial Conduct Authority and Prudential Regulation Authority. Details about the extent of our regulation by the Financial Conduct Authority and Prudential Regulation Authority are available from us on request" (Notes 1, 2, 2a, 2b and 3) |
(4) | Incoming firm with a top-up permission | "Authorised by [name of Home State regulator] and the Prudential Regulation Authority and subject to limited regulation by the Financial Conduct Authority and Prudential Regulation Authority. Details about the extent of our authorisation and regulation by the Prudential Regulation Authority, and regulation by the Financial Conduct Authority are available from us on request" (Notes 1, 2, 2b and 3) |
(5) | Appointed representative of a firm | "[Name of appointed representative] is an appointed representative of [name of firm] which is [then continue with the required disclosure of the firm]" (Note 4) |
(6) | Society of Lloyd's | "Authorised under the Financial Services and Markets Act 2000" |
Note 1 = A firm must use the formulation "Financial Conduct Authority" or "Prudential Regulation Authority" and not the abbreviated formulation "FCA" or "PRA" respectively. Note 2 = An incoming firm or overseas firm is free to translate the name of its Home State regulator or overseas regulator into English if it wishes. In doing so, it must ensure that the State in which the regulator is based is clear. Note 2a = An incoming firm without a top-up permission may make either disclosure (a) or disclosure (b) unless it otherwise indicates or implies to the customer that it is regulated or supervised by the FCA or PRA, in which case it must make disclosure (b). Note 2b = An incoming EEA firm exercising establishment rights in the UK under the Banking Consolidation Directive, which do not include the activity of acceptance of deposits and other repayable funds, will be subject to branch liquidity and other supervision by the FCA. Note 3 = If a firm offers to make details about the extent of its authorisation by the PRA or regulation by the FCA or PRA available on request and a customer requests such details, it must provide those details in a way that is clear, fair and not misleading. Note 3a = An overseas firm that is not an incoming firm is only required to disclose its authorisation and/or regulated by an overseas regulator if it is so authorised and/or regulated. Note 4 = If the appointed representative has more than one principal, the disclosure must relate to the principal or principals responsible for the regulated activity or activities concerned. The required disclosure of the firm is that which would apply were the firm to make the disclosure under the rules applicable to the firm. Note 5 = Any firm listed in this table is permitted to add words to the relevant required disclosure statement but only if the firm has taken reasonable steps to satisfy itself that the presentation of its statutory status will, as a consequence, be fair, clear and not misleading and be likely to be understood by the average member of the group to whom it is directed or by whom it is likely to be received. |
- 01/04/2013
Export chapter as
GEN 6
Insurance against financial penalties
GEN 6.1
Payment of financial penalties
- 06/03/2011
- Past version of GEN 6.1 before 06/03/2011
Application
GEN 6.1.1
See Notes
- 01/04/2013
- Past version of GEN 6.1.1 before 01/04/2013
GEN 6.1.2
See Notes
- 01/04/2013
- Past version of GEN 6.1.2 before 01/04/2013
Purpose
GEN 6.1.3
See Notes
- 01/04/2013
- Past version of GEN 6.1.3 before 01/04/2013
Interpretation
GEN 6.1.4
See Notes
- 01/04/2013
- Past version of GEN 6.1.4 before 01/04/2013
Payment of a penalty imposed on an employee
GEN 6.1.4A
See Notes
- 01/04/2013
- Past version of GEN 6.1.4A before 01/04/2013
Insurance against financial penalties
GEN 6.1.5
See Notes
- 01/04/2013
- Past version of GEN 6.1.5 before 01/04/2013
GEN 6.1.6
See Notes
- 01/04/2013
- Past version of GEN 6.1.6 before 01/04/2013
GEN 6.1.7
See Notes
- 01/04/2013
- Past version of GEN 6.1.7 before 01/04/2013
Transitional Provisions and Schedules
GEN TP 1
Transitional provisions
(3) Transitional Provisions applying to GEN only
(1) | (2) Material to which the transitional provision applies | (3) | (4) Transitional provision | (5) Transitional provision: dates in force | (6) Handbook provision: coming into force |
1 | GEN 2.2.7 R | R | Expired | ||
2 | GEN 4.3.1 R | R | Expired | ||
3 | GEN 4.3.1 R | R | Expired | ||
4 | GEN 4.4.1 R | R | Expired | ||
5 | GEN 6.1 | R | GEN 6.1 does not: (1) apply to an unamended contract of insurance, first entered into on or before 24 July 2003; or (2) prohibit a firm from claiming on, or making a payment under, a contract of insurance: (a) in connection with a financial penalty imposed by the FSA pursuant to a warning notice issued before 25 July 2003; or (b) first entered into between 25 July 2003 and 31 December 2003 in respect of a financial penalty imposed by the FSA by a final notice issued on or before 31 December 2003. (For these purposes only, a contract of insurance will be regarded as unamended if: (i) it was amended on or before 24 July 2003; or (ii) it was amended after 24 July 2003, but the amendments did not affect the duration or scope of any indemnity against a financial penalty imposed by the FSA under the Act.) |
From 1 January 2004 | 1 January 2004 |
6 | GEN 4.3.1 R | R | Expired | ||
7 | GEN 4.3.1 R | G | Expired | ||
9 | GEN 5 Annex 1 G | G | A firm may continue to use a keyfacts logo which is not accompanied by a regulatory mark (®). | From 6 November 2006 to 6 November 2007 | 6 November 2006 |
10 | GEN 4.3.1 R | R | (1) For the purpose of this rule, a regulated activity does not include a home purchase activity or home reversion activity. (2) If a firm in a letter (or electronic equivalent) which it or its employees send to a customer, with a view to or in connection with the firm carrying out a home purchase activity or a reversion activity, makes a statement about its statutory or regulated status under the Act for carrying on that regulated activity, the firm must include the disclosure in GEN 4 Annex 1 in that letter. |
From 6 April 2007 for six months | 6 April 2007 |
11 | GEN 4.5 | R | (1) A firm is not required to comply with GEN 4.5. (2) In relation to the regulated activity of accepting deposits, an incoming EEA firm may not rely on this transitional rule and must comply with GEN 4.5. |
From 31 October 2008 to 30 September 2009. | 31 October 2008. |
12 | GEN 4 Annex 1 | R | (1) A firm may comply with GEN 4 Annex 1 as in force on 30 October 2008. (2) In relation to the regulated activity of accepting deposits, an incoming EEA firm may not rely on this transitional rule and must comply with GEN 4.5. |
From 31 October 2008 to 30 September 2009. | 31 October 2008. |
13 | GEN 4.3.1 R, GEN 4 Annex 1 and GEN 4 Annex 1A | R | A firm may comply with GEN 4.3.1 R and GEN 4 Annex 1 as in force on 31 March 2013. | From 1 April 2013 till 1 April 2014 | 1 April 2013 |
14 | GEN 4.5.3 R and GEN 4.5.4 R | R | A firm can continue to make statements about authorisation and regulation by the FSA as long as such statements would not have breached GEN 4.5.3 R and GEN 4.5.4 R if made on 31 March 2013. | From 1 April 2013 till 1 April 2014 | 1 April 2013 |
GEN TP 2
Transitional Provisions applying across the FCA and PRA Handbooks
Table: 1 Transitional Provisions applying across the FCA and PRA Handbooks
(1) | The purpose of these transitional provisions is to assist a smooth transition at cutover. They comprise various technical provisions that will apply across the whole FCA and PRA Handbooks and achieve results that most people would probably expect to apply in any event. |
(2) | These transitional provisions consist of general transitional provisions, which apply at a high level of generality, and more specific transitional provisions in relation to record keeping and notification rules. |
(3) | The more specific transitional provisions relating to record keeping and notification rules override the general transitional provisions. Both the general and the more specific transitional provisions do not apply if the context requires otherwise and are subject to any more specific transitional provision elsewhere in the FCA and PRA Handbooks relating to the matter. |
(4) | Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 15 of the table. |
Table 2: Transitional Provisions applying across the FCA and PRA Handbooks
(1) | (2) Material to which the transitional provision applies | (3) | (4) Transitional provision | (5) Transitional provision: dates in force | (6) Handbook provision: coming into force |
1 | Every provision in the FCA and PRA Handbooks, unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | R | Acts under pre-cutover provisions Anything done, or having effect as done, under or for the purposes of any pre-cutover provision has effect as if done under or for the purposes of any substantially similar provision in the FCA and PRA Handbooks. |
From cutover | Cutover |
2 | Paragraph 1 | G | For example, a firm may rely on action to establish the best price, taken shortly before cutover for the purposes of the FSA's best execution rule, for the purposes of compliance with the FCA's best execution rule, even if the transaction is executed after cutover. | From cutover | Cutover |
3 | Every provision in the FCA and PRA Handbooks, unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | R | Series of events If the application of any provision in the FCA or PRA Handbooks is dependent on the occurrence of a series of events, some of which occur before, and some of which occur after, cutover, the provision applies with respect to the events that occur after cutover. |
From cutover | Cutover |
4 | Paragraph 3 | G | For example, a firm which executes an aggregated order shortly before cutover must comply with COBS 11.3.8 R (Requirement for fair allocation) if the allocation occurs after cutover. | From cutover | Cutover |
5 | Every provision in the FCA and PRA Handbooks, unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | R | Deemed references to pre-cutover provisions Any reference (express or implied) in a provision in the FCA or PRA Handbooks to a provision of or made under the Act is to be read (so far as the context permits and according to the context) as being or including, in relation to times, circumstances and purposes before cutover, a reference to any substantially similar pre-cutover provision. |
From cutover | Cutover |
6 | Paragraph 5 | G | For example, SUP 11.6.4 R requires a firm authorised by the FCA to notify the FCA when a change in control, previously notified under SUP 11.4.2 R, has taken place. Such a firm must notify a change in control that takes place after cutover, even if previously notified under SUP 11.4.2 R as made by the FSA (and SUP 11.6.4 R is to be read as referring to that pre-cutover provision). | From cutover | Cutover |
7 | Every provision in the FCA and PRA Handbooks, unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | R | Time starting before cutover If, at cutover, time has begun to run for any purpose under any pre-cutover provision applicable to a firm or other person, then: (1) time will be regarded as having started to run, for the purposes of any substantially similar provision in the FCA or PRA Handbooks, when it started to run for that other purpose; and (2) the firm or other person will be relieved of its obligation to comply with the relevant pre-cutover provision if and to the extent that it complies with the substantially similar provision as extended by this transitional provision. |
From cutover | Cutover |
8 | Paragraph 7 | G | For example, certain firms were required to submit product sales data reports within 20 business days of the end of the quarter by SUP 16.11.3 R as made by the FSA. If the quarter end fell five days before cutover, the firms must still submit the report within 20 business days, but in accordance with SUP 16.7.8 R as made by the FCA. | From cutover | Cutover |
9 | Every rule in the FCA and PRA Handbooks requiring a record to be made or retained (see schedule 1), unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | R | Record keeping A firm or other person will not contravene a rule in the FCA or PRA Handbooks requiring a record to be made or retained to the extent that the firm or other person: (1) made a record of the matter before cutover in accordance with the rule or with a substantially similar pre-cutover provision applicable to the firm or other person; and (2) retains that record as if the rule was in force when the record was made. |
From cutover | Cutover |
10 | Every rule in the FCA and PRA Handbooks requiring a record to be made or retained (see schedule 1), unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | G | This transitional provision makes specific provision, in relation to record keeping, for the matters covered by paragraph 1. It is included for clarity and overrides those general transitional provisions. | From cutover | Cutover |
11 | Every rule in the FCA and PRA Handbooks requiring a record to be made or retained (see schedule 1), unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | R | A firm or other person must retain a record in accordance with a rule in the FCA or PRA Handbooks requiring a record of that sort to be retained, if the firm or other person was required to make and retain that record before cutover under a substantially similar pre-cutover provision applicable to the firm or other person. | From cutover | Cutover |
12 | Paragraph 9 | G | This transitional provision makes specific provision, in relation to records, for the matters covered by paragraphs 5 and 7. It is included for clarity and overrides those general transitional provisions. | From cutover | Cutover |
13 | Every notification rule in the FCA and PRA Handbooks (see schedule 2), unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | R | Notification A firm (or its auditor, appointed actuary or appropriate actuary) or other person will not contravene a notification rule in the FCA or PRA Handbooks to the extent that notice of the relevant matter was given to the FSA before cutover in accordance with: (1) the notification rule; or (2) a substantially similar pre-cutover provision applicable to the firm or other person. |
From cutover | Cutover |
14 | Paragraph 13 | G | This transitional provision makes specific provision, in relation to notifications, for the matters covered by paragraphs 1 and 3. It is included for clarity and overrides those general transitional provisions. | From cutover | Cutover |
15 | As paragraphs 1 to 14 | R | Definitions In these transitional provisions: (1) "pre-cutover provision" means a provision repealed or revoked by, or under, the Financial Services Act 2012 or a rule or guidance of the FSA, including (where the context permits) any relevant provision which it replaced before cutover; |
From cutover | Cutover |
(2) "substantially similar" means substantially similar in purpose and effect; and | |||||
(3) a reference to a "provision" in the FCA or PRA Handbooks means every type of provision, including rules, guidance, provisions in codes, and so on. | |||||
16 | Paragraph 17 | G | Application for provisions which are not rules The purpose of paragraph 17 is to ensure that the transitional provisions in paragraphs 1 to 8 apply throughout the FCA and PRA Handbooks. |
From cutover | Cutover |
17 | Statements of Principle, the Code of Practice for Approved Persons and Code of Market Conduct and directions and requirements and guidance and other provisions in the FCA Handbook and PRA Handbook (that is, provisions with the status letter "D" or "G" in the margin or heading) unless the context otherwise requires and subject to any more specific transitional provision relating to the matter | P | The provisions in paragraphs 1 to 10 apply to every person to whom the provisions referred to in column (2) apply as if the rules in those paragraphs were part of those provisions. | From cutover | Cutover |
- 01/04/2013
GEN Sch 1
Record keeping requirements
- 01/12/2004
GEN Sch 1.1
See Notes
There are no record keeping requirements in GEN. |
GEN Sch 2
Notification requirements
- 01/12/2004
GEN Sch 2.1
See Notes
The aim of the guidance in the following table is to give the reader a quick overall view of the relevant requirements for notification and reporting. |
It is not a complete statement of those requirements and should not be relied on as if it were. |
GEN Sch 2.2
See Notes
Handbook reference | Matter to be notified | Contents of notification | Trigger event | Time allowed |
GEN 1.3.2 R | An emergency which makes it impracticable for a firm to comply with a particular rule. | Notification of the emergency and of the steps the firm is taking and proposes to take to deal with its consequences | An emergency which makes it impracticable for a firm to comply with a particular rule. | Notification as soon as practicable |
GEN Sch 3
Fees and other required payments
- 01/12/2004
GEN Sch 3.1
See Notes
GEN Sch 6
Rules that can be waived
- 01/12/2004
GEN Sch 6.1B
See Notes
As a result of section 138A of the Act (Modification or waiver of rules) the PRA has power to waive all its rules, other than rules made under section 137O (Threshold condition code). However, if the rules incorporate requirements laid down in European directives, it will not be possible for the PRA to grant a waiver that would be incompatible with the United Kingdom's responsibilities under those directives. |
- 01/04/2013
GEN Sch 6.2
See Notes
1 | GEN 2.1.8R is made by FOS Ltd and not by the appropriate regulator and cannot be waived by the appropriate regulator. |
2 | Every other rule in GEN can be waived by the appropriate regulator if, and to the extent that, the rules elsewhere in its Handbook which it modifies or to which it otherwise relates can be waived by the appropriate regulator. |
- 01/04/2013