1

Application and Definitions

1.1

Unless otherwise stated, this Part applies to a CRR firm, and a CRR consolidation entity:

  1. (1) with respect to the carrying on of the following from an establishment in the UK:
    1. (a) regulated activities;
    2. (b) activities that constitute dealing in investments as principal, disregarding the exclusion in article 15 of Regulated Activities Order;
    3. (c) ancillary activities;
    4. (d) in relation to MiFID business, ancillary services; and
    5. (e) unregulated activities in a prudential context; and
  2. unless another applicable rule which is relevant to the activity has a wider territorial scope, in which case this Part applies with that wider scope in relation to the activity described in that rule
  3. (2) [deleted.]
  4. (3) in a prudential context with respect to activities wherever they are carried on; and
  5. (4) taking into account any activity of other members of a group of which the firm is a member.

1.1A

This Part does not apply to a firm with respect to the carrying on of benchmarking activities except to the extent that they transpose an EU instrument.

1.1B

  1. (1) A firm must comply with this Part on an individual basis.
  2. (2) A CRR consolidation entity must arrange for orderly records to be kept relating to the consolidated situation of the group, and for this purpose, references to a firm in this Part (other than in 1.1 and 1.1B) mean a CRR consolidation entity.

1.2

In this Part, the following definitions shall apply:

Article 72 Record Keeping Requirements

means requirements and obligations as set out in Article 72 (Record Keeping) of the MODR.

other matters

means, in relation to a requirement under the MODR, matters within the scope of 1.1 that are not within the scope of that requirement.