Transitional Provisions and Schedules

Part

SUP Supervision manual

Chapter

Transitional Provisions and Schedules

Printed on: 06/11/2024

Rulebook at: 01/04/2009

Transitional Provisions and Schedules

SUP TP 1

Transitional provisions

SUP TP 1.1

Transitional provisions applying to the Supervision manual only

Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 16 of the table.

SUP TP 1.2

(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

SUP 3.3.2 R (1)

Auditors
A firm will not contravene SUP 3.3.2 R (1), if the office of auditor is filled at commencement. The auditor filling the office at that time will be deemed to be appointed under SUP 3.3.2 R.

From commencement

Commencement

SUP 3.9 and SUP 3.10

Expired

SUP 3.9.4 R

Expired

SUP 3.10

Expired

SUP 3.10.6 R, SUP 3.10.7 R

Expired

SUP 3.10

Expired

SUP 4.3.1 R (1) and SUP 4.4.1 R (1)

Actuaries
A firm will not contravene SUP 4.3.1 R (1) or SUP 4.4.1 R (1) to the extent that the office of actuarial function holder, with-profits actuary or appropriate actuary is filled by an actuary appointed on or before 31 December 2004, provided that that actuary was appointed in accordance with the statutory requirements, or the requirements of the regulatory system, in force at that time.

From commencement

Commencement

SUP 4

Anything done before 31 December 2004 for the purposes of an amended provision in SUP 4 has effect as if done under that provision.

From 31 December 2004

31 December 2004

[deleted]

4BA

SUP 4.3.16AR (3) and SUP 4.3.16AR (4)

The rules apply in respect of each financial year commencing on or after 1 January 2005.

From 31 December 2004

31 December 2004

[deleted]

SUP 4.3.3 R

If a firm's actuary has been appointed by a previous regulator under statutory or contractual powers and remains in office immediately before commencement, that appointment will be deemed to have been made under SUP 4.3.3 R, but on the terms of the actual appointment.

From commencement

Commencement

SUP 8.6.1 G

Expired

SUP 9.4

Individual guidance

From 19 July 2001

21 June 2001

(1)

If a person acts in accordance with individual written guidance:

(a)

given to him by any previous regulator (or body whose functions were assumed by a previous regulator);

(b)

relating to any pre-commencement provision; and

(c)

in the circumstances contemplated by that guidance;

then the FSA will proceed on the footing that the person has complied with the aspects of any provision in or under the Act (including a rule or guidance in the Handbook) to which the guidance relates if:

(d)

that provision is substantially similar to the pre-commencement provision in relation to the matter with which the guidance is concerned;

(e)

the guidance was current immediately before commencement; and

(f)

the guidance has not been superseded.

(2)

SUP 9.4.2 G - SUP 9.4.4 G are relevant for individual guidance in (1) in the same way as for individual written guidance given by the FSA .

(3)

References to "individual written guidance" in (1) and (2) include a written concession from a pre-commencement provision which is substantially similar to guidance in the Handbook.

SUP 10.13.6 R

Expired

SUP 10.4.1 R

(1) An application made under section 60 of the Act received before 31 October 2007 will be taken to relate to the controlled function existing at the date of determination.

From 1 November 2007

(2) The controlled functions CF 13 (finance function), CF 14 (risk assessment function) and CF 15 (internal audit function) are subsumed in the new controlled function CF 28 (systems and controls function) to the extent that they fall within the description of the systems and controls function.

On 1 November 2007

(3) The controlled functions CF 16 (significant management (designated investment business) function), CF 17 (significant management (other business operations) function), CF 18 (significant management (insurance underwriting) function), CF 19 (significant management (financial resources) function) and CF 20 (significant management (settlements) function) are subsumed in the new controlled function CF 29 (significant management function) to the extent that they fall within the description of the significant management function.

On 1 November 2007

(4) The controlled functions CF 21 (investment adviser function), CF 22 (investment adviser (trainee) function), CF 23 (corporate finance adviser function), CF 24 (pension transfer specialist function), CF 25 (adviser on syndicate participation at Lloyd's function), CF 26 (customer trading function) and CF 27 (investment management function) are subsumed in the new controlled function CF 30 (customer function) to the extent that they fall within the description of the customer function.

On 1 November 2007

(1) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the systems and controls function the original grant of approval by the FSA will remain valid in relation to the systems and controls function and no new approval to perform that controlled function will be required.

(2) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the significant management function the original grant of approval by the FSA will remain valid in relation to the significant management function and no new approval to perform that controlled function will be required.

(3) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the customer function the original grant of approval by the FSA will remain valid in relation to the customer function and no new approval to perform controlled function will be required.

Firms are reminded of their obligation under SUP 10.13.16 R to notify the FSA if the firm becomes aware of information which would be reasonably material to the continuing assessment of an approved person's fitness and propriety and in particular their competence to perform a function.

SUP 10.13.6 R (Ceasing to perform a controlled function) and SUP 10.13.3 D (Moving within a firm)

The obligation to submit Form C or Form E does not apply in relation to a person who:
(a) ceases to perform a controlled function because that controlled function ceases to exist on 1 February 2007; or
(b) performs a function which falls within the description of a different controlled function after 1 November 2007 as a result of TP 8AR.

From 1 February 2007 in relation to the sole trader function and 1 November 2007 in all other cases.

SUP 12.5.5 R
SUP 12.5.7 R

Expired

SUP 15.8.4 G

Notification of Delegation

From 13 February 2004 to 13 February 2007

13 February 2004

(1)

Subject to (2), SUP 15.8.4 G does not apply to a UCITS management company which became authorised before 13 February 2004.

(2)

Paragraph (1) does not apply in relation to any UK firm which exercises an EEA right under the UCITS Directive (in which event the rule applies in relation to acts of delegation occurring on or after the date on which the firm begins to exercise such rights).

SUP 12.5

A firm conducting designated investment business need not amend its written contract with an appointed representative (appointed before 15 January 2004) to take account of amendments to SUP 12.5 coming into force between 30 June 2004 and 30 June 2005, until 30 June 2005 or the date on which the contract is next updated (whichever is earlier).

From 30 June 2004 until 30 June 2005, that is, 12 months.

Commencement, and as amended with effect from 30 June 2004

SUP 16.4.5 R
SUP 16.5.5 G

Expired

10A

SUP 16.4
SUP 16.5

SUP 16.4 (Annual controllers report) and SUP 16.5 (Annual close links report) do not apply to a firm with permission to carry on only insurance mediation activity, mortgage mediation activity, or both.

(1) in respect of mortgage mediation activities, 31 October 2004 - 31 March 2005;
(2) in respect of insurance mediation activities, 14 January 2005 - 31 March 2005,

1 April 2005

SUP 16.6
SUP 16.7
SUP 16.8

Expired

SUP 16.7.7 R;
SUP 16.7.9 R,
SUP 16.7.11 R,
SUP 16.7.16 R,
SUP 16.7.24 R,
SUP 16.7.26 R,
SUP 16.7.35 R,
SUP 16.7.44 R,
SUP 16.7.46 R,
SUP 16.7.48 R,
SUP 16.7.57 R

Expired

12A

SUP 16.7.38 R

An investment management firm which, before 1 December 2003, was already submitting consolidated financial returns in the form in:
(a) SUP 16 Ann 10R; or
(b) SUP 16 Ann 7R (with associated guidance in SUP 16 Ann 8G);
may continue to use these forms instead of the consolidated financial resources return in SUP 16 Ann 5R.

From 1 December 2003 until, but not including, the date on which the provisions of the Financial Groups Directive take effect in the United Kingdom.

1 December 2003

12B

SUP 16.7.54 R;
SUP 16.7.76 R
SUP 16.7.79 R
SUP 16.7.80 R

(1)

Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has:

From 1 April 2005

1 April 2005

(a)

annual income of less than £5m but more than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm, and

(b)

an accounting reference date which

(i)

falls between 31 December 2004 and 31 March 2005; or

(ii)

falls between 30 June 2005 and 30 September 2005

this must be read as a reference to providing the first return in accordance with SUP TR 12CR.

(2)

Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has:

(a)

annual income of less than £5m but more than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm, and

(b)

an accounting reference date which is not within (1)(b);

the first return must cover the firm's first full financial half-year which starts on or after 1 April 2005 and be submitted 30 business days after period end.

(3)

Where a firm is carrying on regulated activities before 1 April 2005 and is required under a rule in SUP 16.7 to submit information using the MLAR, the first return must cover the firm's first full financial quarter which starts on or after this date and be submitted 20 business days after period end.

(4)

Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has:

(a)

annual income of less than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm, and

(b)

an accounting reference datewhich falls between 31 December 2004 and 30 December 2005,

the relevant rule must be read as requiring the first return to be provided in accordance with SUP TR 12DR.

(5)

Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a quarterly basis, and the firm has an accounting reference date which falls between 31 December 2004 and 30 December 2005 the relevant rule must be read as requiring the first return to be provided with SUP TR 14B.

12C

If SUP TR 12B R (1) - (3) applies, the firm's first return must be provided as follows:

Accounting reference date

Reporting period starts

Reporting period ends

Return to be provided

Between 30 June 2005 and 30 September 2005

1 April 2005

Accounting reference date within 2005

30 business days after period end.

31 December 2004

1 April 2005

30 June 2005

30 business days after the period end

Between 1 January 2005 and 31 March 2005

1 April 2005

6 months after the accounting reference date within 2005

30 business days after period end

12D

(1)

If SUP TR 12BR (4)SUP TR 12BR (4) applies, the firm's first return must be provided as follows:

Accounting reference date

Reporting period starts

Reporting period ends

Return to be provided

31 December 2004

1 April 2005

30 June 2005

30 business days after period end
(Note 1)

Between 1 January 2005 and 31 March 2005

1 April 2005

6 months after the accounting reference date within 2005

30 business days after period end
(Note 1)

Between 1 April 2005 and 29 June 2005

the day following the accounting reference date within 2005

6 months after the accounting reference date within 2005

30 business days after period end
(Note 1)

Between 30 June 2005 and 29 September 2005

1 April 2005

Accounting reference date within 2005

30 business days after period end

Between 30 September 2005 and 30 December 2005

The day after 6 months preceding the accounting reference date within 2005

Accounting reference date within 2005

30 business days after period end

12E

(2)

If SUP TR 12BR (4) applies, the firm's second return must be provided as follows:

Accounting reference date

Reporting period starts

Reporting period ends

Return to be provided

Between 30 June 2005 and 29 September 2005

the day following the accounting reference date within 2005

6 months after the accounting reference date within 2005

30 business days after period end
(Note 1)

12F

SUP 16.7.77 R

A mortgage administrator or mortgage lender must submit an annual report and audited accounts annually, 3 months after the firm's accounting reference date

31 October 2004 - 31 March 2005

1 April 2005

12G

SUP 16.7.7 R; SUP 16.7.9 R; SUP 16.7.11 R; SUP 16.7.16 R; SUP 16.7.20 R; SUP 16.7.24 R; SUP 16.7.26 R; SUP 16.7.28 R; SUP 16.7.35 R; SUP 16.7.57 R; SUP 16.7.62 R; SUP 16.7.65 R; SUP 16.7.73 R;

(1) Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half yearly basis the relevant rule must be read as requiring the first return to be provided in accordance with SUP TR 12HR.
(2) Where a firm is carrying on regulated activities on or before 1 January 2007 and is required under a rule in SUP 16.7 to submit information using the MLAR, the first return must cover the firm's first full financial quarter which starts on or after this date and be submitted 20 business days after period end.

From 1 January 2007 - 31 December 2007

1 January 2007

12H

If SUP TR 12G R (1) applies, the firm's first return must be provided as follows:

Accounting reference date (dates inclusive)

Reporting period starts

Reporting period ends

Return to be provided

Between 1 January and 31 March

The day after the accounting reference date within 2007

6 months after the accounting reference date within 2007

30 business days after period end.

Between 1 April and 30 June

1 January 2007

Accounting reference date within 2007

30 business days after period end.

Between 1 July and 30 September

The day after 6 months preceding the accounting reference date within 2007

Accounting reference date within 2007

30 business days after period end.

Between 1 October and 31 December

1 January 2007

6 months before the accounting reference date within 2007

30 business days after period end.

12I

SUP 16.7.54 R

Until 6 September 2006, an authorised professional firm will not contravene SUP 16.7.54 R if it submits to the FSA the annual questionnaire that was contained in SUP 16 Annex 9R immediately prior to 6 July 2006.

6 July 2006 - 6 September 2006

6 July 2006

12J

(1)
SUP 16.7.24 R, SUP 16.7.25 R and 16.7.25A R, SUP 16.7.27 R and 16.7.27A R

A securities and futures firm that is a BIPRU investment firm is not required to submit the Annual Reporting Statement, the Annual Reconciliation and the Consolidated Supervision Return under SUP 16.7.25 R and SUP 16.7.27 R (as appropriate).

1 January 2007 to 31 December 2007

Commencement and 1 January 2007

(2)
SUP 16.7.35 R, SUP 16.7.36 R and SUP 16.7.36A R

An investment management firm that is a BIPRU investment firm is not required to submit the Annual Financial Return, the Consolidated Supervision Return and the Consolidated Financial Resources Return under SUP 16.7.36 R.

1 January 2007 to 31 December 2007

Commencement and 1 January 2007

(3)
SUP 16.7.67 R, SUP 16.7.68 R and SUP 16.7.68A R

A UCITS investment firm is not required to submit the Annual Financial Return and the Consolidated Supervision Return under SUP 16.7.68 R.

1 January 2007 to 31 December 2007

13 February 2004 and 1 January 2007

(4)
SUP 16.7.76 R, SUP 16.7.77 R and SUP 16.7.77A R

A personal investment firm that is a BIPRU investment firm is not required to submit the Consolidated Supervision Return under SUP 16.7.77 R.

1 January 2007 to 31 December 2007

1 April 2005 and 1 January 2007

(5)
SUP 16.7.16 R and SUP 16.7.17 R

A building society will not be required to submit reports MFS1, MFS1 Supp, MFS2 and QFS2 for reporting dates after 1 January 2008

From 1 January 2008

Commencement

12K

SUP 16.7.7 R, SUP 16.7.8 R, SUP 16.7.9 R, SUP 16.7.10 R, SUP 16.7.11 R, SUP 16.7.12 R, SUP 16.7.16 R, SUP 16.7.17 R, SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.26 R, SUP 16.7.27 R, SUP 16.7.28 R, SUP 16.7.29 R, SUP 16.7.35 R, SUP 16.7.36 R, SUP 16.7.54 R, SUP 16.7.54A R, SUP 16.7.57 R, SUP 16.7.58 R, SUP 16.7.62 R, SUP 16.7.63 R, SUP 16.7.65 R, SUP 16.7.66 R. SUP 16.7.73 R, SUP 16.7.74 R, SUP 16.7.75 R, SUP 16.7.76 R and SUP 16.7.77 R,

Solely in respect of information regarding any reversion activity or home purchase activity required to be reported in the RMAR and MLAR, a firm:

1 April 2007 to 31 December 2008

Commencement

(1)

is not required to include such information in respect of the applicable reporting periods (as set out in the relevant provisions in SUP 16.7) ending before 1 October 2007;

(2)

must include such information in respect of reporting periods ending on or after 1 October 2007;

(3)

must include such information under existing mortgage headings (for the RMAR) or loan headings (for the MLAR) as set out in the guidance in SUP 16 Annex 18B and SUP 16 Annex 19B respectively.

12L

(1)
SUP 16.7.7 R, SUP 16.7.8 R, SUP 16.7.8A R , SUP 16.7.16 R, SUP 16.7.17 R, SUP 16.7.17A R , SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.25A R, SUP 16.7.26 R, SUP 16.7.27 R, SUP 16.7.27A R, SUP 16.7.30 R, SUP 16.7.35 R, SUP 16.7.36 R, SUP 16.7.36AR, SUP 16.7.67R, SUP 16.7.68R, SUP 16.7.68AR, SUP 16.7.76R, SUP 16.7.77R, SUP 16.7.77AR

Except to the extent required by a transitional provision in TP12M, a BIPRU firm will not be required to report under these rules in respect of reporting dates after 31 December 2007, but will instead report under SUP 16.12.

1 January 2008 to 1 April 2009

1 January 2008

(2)
SUP 16.7.9 R , SUP 16.7.10 R

Except to the extent required by a transitional provision in TP12M, an EEA Bank, other than one with permission for cross border services only, will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5 R.

1 January 2008 to 1 April 2009

1 January 2008

(3)
SUP 16.12.11 R , SUP 16.7.12 R

Except to the extent required by a transitional provision in TP12M, a bank established outside the EEA will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5 R.

1 January 2008 to 1 April 2009

1 January 2008

(4)
SUP 16.7.62RSUP 16.12.5 R, SUP 16.7.63R

A credit union will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5R.

1 January 2008 to 1 April 2009

1 January 2008

(5)
SUP 16.7.66

An ELMI that is required to report a consolidated reporting statement on capital adequacy in the case of ELM 7.3.2 R in respect of reporting dates after 31 December 2007 will use FSA003 in place of FSA009. FSA003 should be submitted in accordance with SUP 16.12.3R (3).

1 January 2008

(6)
SUP 16.7.82R, SUP 16.7.83R

(1) A firm that is a member of a financial conglomerate:
(a) that is at the head of an FSA regulated EEA financial conglomerate; or
(b) whose Part IV permission contains a relevant requirement; will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.32R and SUP 16.12.33R.
(2) In (1)(b), a relevant requirement is one as set out in SUP 16.7.82R (2).

1 January 2008 to 1 April 2009

1 January 2008

(7)
SUP 16.7.65R, SUP 16.7.66R

An ELMI will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5R.

1 January 2008 to 1 April 2009

1 January 2008

12M

(1)
SUP 16.12.5R

Firms in Regulated Activity Group 1 are not required to submit the following data items:
(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA010
FSA012
FSA013
FSA016
FSA018
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA014
FSA020
FSA021
FSA022
FSA023
FSA024
FSA025
FSA026
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA015
FSA044
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(2)
SUP 16.12.5

UK banks in Regulated Activity Group 1 should not submit FSA017 for reporting dates prior to 31 August 2008.

1 January 2008 to 30 August 2008

1 January 2008

(3)
SUP 16.12.5

A building society in Regulated Activity Group 1:
(i) should not submit FSA017 for reporting dates prior to 31 August 2008.
(ii) should instead submit an 'Analysis of interest rate gap' quarterly, within 15 business days of the quarter end, except in the case of a building society on the "Administered" approach (see IPRU(BSOC) 4 Ann 4A 4A.2) which is not required to submit the 'Analysis of interest rate gap'.
In the case of (ii), reports should be prepared as at the end of March, June, September and December of each year. The 'Analysis of interest rate gap' must be submitted in accordance with TP 12L (4).

1 January 2008 to 30 August 2008

1 January 2008

(4)
SUP 16.12.5

In respect of the transitional reporting requirements in this transitional provision TP12L (3), the report should be submitted in accordance with SUP 16.3.6 R to SUP 16.3.10R.

1 January 2008 to 30 September 2008

1 January 2008

(5)
SUP 16.12.11R

Firms in Regulated Activity Group 3, other than exempt BIPRU commodity firms, are not required to submit the following data items:
(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA039
FSA040
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(6)
SUP 16.12.15R

Firms in Regulated Activity Group 4 are not required to submit the following data items:(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA038
FSA039
FSA040
FSA041
FSA042and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(7)
SUP 16.12.22R

Firms in Regulated Activity Group 7 are not required to submit the following data items:(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(8)
SUP 16.12.25R

Firms in Regulated Activity Group 8 are not required to submit the following data items:
(i) for reporting dates falling prior to 30 June 2008:
FSA001
FSA002
FSA008
FSA016
FSA018
FSA019
FSA045
(ii) for reporting dates falling prior to 31 August 2008:
FSA005
FSA006
FSA007
FSA039
FSA040
and
(iii) for reporting dates falling prior to 30 September 2008:
FSA046

1 January 2008 to 29 September 2008

1 January 2008

(9)
SUP 16.12.11R

Exempt BIPRU commodity firms are not required to submit the following data items for reporting dates:
(i) falling prior to 30 June 2008:
FSA008
(ii) falling prior to 31 August 2008:
FSA001
FSA002
FSA016
FSA018
FSA028
FSA033
FSA038
FSA039
FSA040
FSA041
FSA042

1 January 2008 to 30 August 2008

1 January 2008

(10)
SUP 16.12.11

Exempt BIPRU commodity firms are not required to submit the following data items for reporting dates falling prior to 1 January 2011:
FSA003
FSA004
FSA005
FSA006
FSA007
FSA019

1 January 2008 to 31 December 2010

1 January 2008

(11)
SUP 16.12.5R

(1) A UK bank must submit the following reports for reporting dates falling between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.8R:
BSD3 (unconsolidated, solo consolidated);
BSD3 (consolidated);
LE3 (unconsolidated, solo consolidated);
LE3 (consolidated);
M1 (unconsolidated, solo consolidated); and
M1 (consolidated).
Consolidated reports are only required from UK consolidation groups.
(2) In addition, a UK bank subject to IPRU(BANK) Chapter LS must submit the SLR1 for reporting dates between 1 January 2008 and 31 May 2008 in accordance with the rules set out in SUP 16.7.8R.
(3) Also, a UK bank subject to IPRU(BANK) Chapter LM must submit the LR for reporting dates between 1 January 2008 and 31 March 2008 in accordance with the rules set out in SUP 16.7.8R.

1 January 2008 to 29 June 2008

1 January 2008

(12)
SUP 16.7.9R, SUP 16.7.10R

An EEA Bank, other than one with permission for cross border services only, must submit the LR for reporting dates between 1 January 2008 and 31 March 2008 in accordance with the rules set out in SUP 16.7.10R.

1 January 2008 to 31 March 2008

1 January 2008

(13)
SUP 16.7.11R, SUP 16.7.12R

A bank established outside the EEA must submit:
(a) the LR for reporting dates between 1 January 2008 and 31 March 2008; and
(b) the B7 for reporting dates between 1 January 2008 and 29 June 2008
in accordance with the rules set out in SUP 16.7.12R.

1 January 2008 to 29 June 2008

1 January 2008

(14)
SUP 16.7.16R, SUP 16.7.17R

A building society must submit:
(a) the QFS1 and AFS1 for reporting dates between 1 January 2008 and 29 June 2008; and
(b) the interest rate gap report for reporting dates between 1 January 2008 and 30 August 2008
in accordance with the rules set out in SUP 16.7.17R.

1 January 2008 to 30 August 2008

1 January 2008

(15)
SUP 16.7.24R, SUP 16.7.25R

A securities and futures firm which is a category A or B firm or a broad scope firm, and is a BIPRU investment firm, must submit the large exposures quarterly reporting statement (Form LEM 1 or LEM 2) (consolidated and unconsolidated) and monthly reporting statement for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.25R, except that the monthly reporting statement should be submitted quarterly.

1 January 2008 to 29 June 2008

1 January 2008

(16)
SUP 16.7.26R, SUP 16.7.27R

A securities and futures firm which is a category C or D firm or an arranger or venture capital firm, and is a BIPRU investment firm, must submit the large exposures quarterly reporting statement (Form LEM 1 or LEM 2) (consolidated and unconsolidated) and quarterly reporting statement for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.27R, except that BIPRU 50K firms should submit the quarterly reporting statement half yearly.

1 January 2008 to 29 June 2008

1 January 2008

(17)
SUP 16.7.35R, SUP 16.7.36R

An investment management firm which is a BIPRU investment firm must submit either a quarterly financial return or a monthly financial return (depending on whether the firms is subject to a Liquid Capital Requirement or is an ISD firm subject to the Own Funds Requirement of Euro 730,000) for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.36R, except that BIPRU 50K firms should submit the quarterly financial return half yearly, and BIPRU 730K firms should submit the monthly financial return on a quarterly basis.

1 January 2008 to 29 June 2008

1 January 2008

(18)
SUP 16.7.65R, SUP 16.7.66R

An ELMI must submit the ELM CA/LE (unconsolidated and consolidated) for reporting dates between 1 January 2008 and 30 August 2008 in accordance with the rules set out in SUP 16.7.66R.

1 January 2008 to 30 August 2008

1 January 2008

(19)
SUP 16.7.67R, SUP 16.7.68R

A UCITS firm must submit the Quarterly Financial Return for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.68R.

1 January 2008 to 29 June 2008

1 January 2008

(20)
SUP 16.7.76 R, SUP 16.7.77 R

A firm that was not subject to other reporting requirements in SUP 16.7 (other than in SUP 16.7.76 R and SUP 16.7.77 R) at 31 December 2007, and is a BIPRU firm, must submit sections A, B, C and E of the RMAR and sections A and B of the MLAR for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.77 R, except that the frequency for these sections of the RMAR and MLAR is amended as follows:
(a) for BIPRU 730K firms and BIPRU 125K firms, quarterly; and
(b) for BIPRU 50K firms, half-yearly.

1 January 2008 to 29 June 2008

1 January 2008

(21)
SUP 16.12.23 R

Firms in RAGs 3, 4, 6, 7 and 8 that are required to complete Section J of the RMAR, with an accounting reference date falling between 1 July 2007 and 31 August 2007 inclusive, must additionally report on section J of the RMAR at their half year (i.e. for reporting dates falling between 1 January 2008 and 29 February 2008 inclusive), to be submitted within 30 business days of the half year date.

1 January 2008 to 29 February 2008

1 January 2008

12N

(1)
SUP 16.7.36 R

(1)

Subject to (2), SUP 16.7.36 R does not apply from 6 April 2007 to 30 August 2008 to an investment management firm which:

6 April 2007 to 30 August 2008

6 April 2007

(a)

was not a firm before 6 April 2007; and

(b)

carries on only the activity of establishing, operating or winding up a personal pension scheme.

(2)

Notwithstanding (1), a firm described in (1) with an accounting reference date of between 6 April 2007 and 30 August 2008 (inclusive) must submit a copy of its annual accounts to the FSA in accordance with SUP 16.7.36 R, unless (3) applies. The annual accounts must give a true and fair view of the state of affairs of the firm and of the firm's profit or loss.

12O

(1)

[deleted]

(2)
SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.27 R

A securities and futures firm which is either

1 November 2007 to 31 December 2008

Commencement and 1 November 2007

(1)

an exempt CAD firm, or

(2)

an exempt BIPRU commodity firm to which the requirements of IPRU(INV) Chapter 3 apply

is not required to submit the Annual Reporting Statement and the Annual Reconciliation under SUP 16.7.25 R and SUP 16.7.27 R (as appropriate).

(3)
SUP 16.7.35 R, SUP 16.7.36 R

An investment management firm which is an exempt CAD firm is not required to submit the Annual Financial Return under SUP 16.7.36 R.

1 November 2007 to 31 December 2008

Commencement and 1 November 2007

(4)
SUP 16.7.67 R, SUP 16.7.68 R

A UCITS firm which is an exempt CAD firm is not required to submit an Annual Financial Return under SUP16.7.68R, Note 3.

1 November 2007 to 31 December 2008

13 February 2004 and 1 November 2007

(5)
SUP 16.12.11R, SUP 16.12.12R

An exempt BIPRU commodity firm that does not meet the conditions in BIPRU TP 16 is not required to submit FSA008 for reporting dates prior to 30 June 2008.

1 January 2008 to 29 June 2008

1 January 2008

12P

(1)
SUP 16.7.20R, SUP 16.7.21R, SUP 16.7.21AR, SUP 16.7.21BR, SUP 16.7.26R, SUP 16.7.27R, SUP 16.7.28R, SUP 16.7.29R, SUP 16.7.30R, SUP 16.7.35R, SUP 16.7.36R, SUP 16.7.54R, SUP 16.7.54AR, SUP 16.7.55R, SUP 16.7.56R, SUP 16.7.57R, SUP 16.7.58R, SUP 16.7.67R, SUP 16.7.68R, SUP 16.7.76R, SUP 16.7.77R

Except to the extent required by a transitional provision in TP 12Q, a firm, other than a BIPRU firm, will not be required to report under these rules in respect of reporting dates after 31 December 2007, but will instead report under SUP 16.12.

1 January 2008 to 31 March 2009

1 January 2008

12Q

(1)
SUP 16.12.11R

Firms in Regulated Activity Group 3:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA039
FSA040

(2)

are instead required to report as set out TP 12Q (5).

(2)
SUP 16.12.14R

Firms in Regulated Activity Group 4:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA038
FSA039
FSA040
FSA041
FSA042

(2)

are instead required to report as set out TP 12N (1), TP 12Q (5) or TP 12R (1).

(3)
SUP 16.12.19R

Firms in Regulated Activity Group 6:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA039
FSA040

(2)

are instead required to report as set out TP 12Q (5).

(4)
SUP 16.12.25R

Firms in Regulated Activity Group 8:

1 January 2008 to 30 August 2008

1 January 2008

(1)

are not required to submit the following data items for reporting dates falling prior to 31 August 2008:
FSA029
FSA030
FSA031
FSA032
FSA033
FSA034
FSA035
FSA036
FSA037
FSA039
FSA040

(2)

are instead required to report as set out TP 12Q (5).

(5)
SUP 16.12.11R, SUP 16.12.14R, SUP 16.12.19R, SUP 16.12.25R

(1)

A securities and futures firm that is:

1 January 2008 to 30 August 2008

1 January 2008

(a)

not a BIPRU firm, an exempt CAD firm or an exempt BIPRU commodity firm must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G;

(b)

an exempt CAD firm must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G;

(c)

an exempt BIPRU commodity firm (to which the requirements of IPRU(INV) Chapter 3 apply) must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G;

(2)

except in the case of an investment management firm that is not a BIPRU firm, is not an exempt CAD firm and is authorised by the FSA after 5 April 2007, an investment management firm that is:

(a)

neither a BIPRU firm nor an exempt CAD firm must submit the quarterly financial return in the manner and to the timescales set out in SUP 16.7.36R to SUP 16.7.38R;

(b)

an exempt CAD firm must submit the quarterly financial return in the manner and to the timescales set out in SUP 16.7.36R to SUP 16.7.38R, and FSA043 in the manner and to the timescale set out in SUP 16.7.36BR;

(3)

a UCITS firm:

(a)

other than an exempt CAD firm must submit the Quarterly Financial Return in the manner and to the timescales set out in SUP 16.7.68R and SUP 16.7.69R;

(b)

that is an exempt CAD firm must submit the Quarterly Financial Return in the manner and to the timescales set out in SUP 16.7.68R and SUP 16.7.69R and FSA043 in the manner and to the timescale set out in SUP 16.7.68BR; and

(4)

a firm that satisfies the criteria in SUP 16.7.76R and is:

(a)

neither a BIPRU investment firm nor an exempt CAD firm must submit the RMAR and MLAR in the manner and to the timescales set out in SUP 16.7.77R;

(b)

that is an exempt CAD firm must submit the RMAR and MLAR in the manner and to the timescales set out in SUP 16.7.77R and FSA043 in the manner and to the timescale set out in SUP 16.7.77BR.

12R

(1)

[deleted]

(2)
SUP 16.12.11R

An exempt BIPRU commodity firm that, at the reporting date for large exposures data item FSA008, satisfies the conditions of BIPRU TP 16 is not required to submit FSA008 for that reporting date.

30 June 2008 to 31 December 2010

30 June 2008

12S

(1)
SUP 16.12.15, SUP 16.12.16, SUP 16.12.17

In the case of an exempt BIPRU commodity firm that is subject to the requirements of IPRU(INV) Chapter 3, it is required to submit the capital adequacy data item FSA033 in the manner and to the frequency and timescales set out for firms other than BIPRU firms that are subject to IPRU(INV) Chapter 3 in SUP 16.12.15R to SUP 16.12.17R.

1 January 2009 to 31 December 2010

1 January 2009

SUP 16.8

In Forms 1R(1) to (3) in SUP 16 Annex 6R , for any life policy promoted beforecommencement, a reference to "direct offer financial promotion" must be read as a reference to "direct offer advertisement", as defined in the rulebook of the PIA at the time the policy was promoted.

From commencement for 6 years

Commencement

13A

(1)
SUP 3.1.2 R

In relation to an investment management firm which carries on only the activity of establishing, operating or winding up a personal pension scheme and which is authorised by the FSA after 6 April 2007, SUP 3.9 will not apply to the firm's auditor.

6 April 2007 to 31 December 2008

6 April 2007

SUP 16.8

SUP 16.8 does not apply to an insurer (including a friendly society) which was not a member of the PIA immediately before commencement.

From commencement for 6 years

Commencement

14A

SUP 16.11.7 R

Until 1 July 2006, a firm will not contravene SUP 16.11.7 R if it does not complete the data reporting field 'Advice at the point of sale' (see SUP 16 Annex 21).

1 April 2005 - 30 June 2006

1 April 2005

14B

If SUP TR 12B R (5) applies, the firm's first return must be provided as follows:

Accounting reference date

Reporting period starts

Reporting period ends

Return to be provided

31 December 2004

1 April 2005

30 June 2005

30 business days after period end

Between 1 January 2005 and 31 March 2005

1 April 2005

6 months after the accounting reference date within 2005

30 business days after period end
(Note 2)

Between 1 April 2005 and 29 June 2005

The day following the accounting reference date within 2005

3 months after the accounting reference date within 2005

30 business days after period end
(Note 2)

Between 30 June 2005 and 29 September 2005

1 April 2005

Accounting reference date within 2005

30 business days after period end
(Note 2)

Between 30 September 2005 and 30 December 2005

The day after 6 months preceding the accounting reference date within 2005

3 months preceding the accounting reference date within 2005

30 business days after period end
(Note 3)

14C

16.10.4

A firm whose accounting reference date falls between 1 April 2005 and 30 June 2005 (inclusive) need not comply with SUP 16.10.4 R until its accounting reference date in 2006.

1 April 2005-30 June 2005

1 April 2005

14D

16.11.3

The report under SUP 16.11.3R (1) for the quarter 1 April to 30 June 2005, together with the report for the quarter 1 July to 30 September 2005 must be submitted within 20 business days after the end of the 1 July-30 September 2005 quarter.

1 April 2005-30 June 2005

1 April 2005

[deleted]

15A

Rules in SUP 20

Expired

15B

Transitional ruleSUP 15A

Expired

Paragraphs 1 to 15

Definitions

From commencement

Commencement

In these transitional provisions:

(1)

"pre-commencement provision" means a provision repealed or revoked by or under the Act or a rule or guidance of the firm's previous regulator, including (where the context permits) any relevant provision which it replaced before commencement; and

(2)

"substantially similar" means substantially similar in purpose and effect.

SUP 20.4.4 R (4)

The periodic fee modification set out in SUP 20.4.4 R (4) does not apply to the A.2, A.18 and A.19 activity groups until 1 April 2005.

From 31 October 2004 to 31 March 2005

1 April 2002

SUP

GEN contains some technical transitional provisions that apply throughout the Handbook and which are designed to ensure a smooth transition at commencement . These include transitional provisions relevant to record keeping and notification rules.

From commencement of the relevant provision in SUP

Various dates

Note 1 = The return need not provide data for sections A, B, C, D, E of the RMAR.

Note 2 = Sections A, B, C, D, E of the RMAR should be reported for the 3 months to the reporting end date.

Note 3 = This should only cover sections A, B, C, D, E of the RMAR

SUP TP 1.3

Transitional provisions relating to written concessions

The purpose of the transitional provisions in the following table is to carry forward existing written concessions relating to pre-commencement provisions - for example, formal waivers or modifications given by IMRO, PIA or SFA ("an SRO") and the recognised professional bodies, written concessions from the standards in the FSA's Guide to Banking Supervisory Policy, and formal written consents and determinations made by an SRO under an SRO rule.

An existing written concession is only carried forward if the pre-commencement provision to which it relates is substantially similar to a rule in the Handbook. The substantially similar test should be applied to the specific element of the rule to which the written concession relates. An existing written concession from a pre-commencement provision which is substantially similar to written guidance in the Handbook is carried forward in the same way as pre-commencement individual guidance; see transitional provision 6A (Individual guidance) in the schedule of Transitional provisions applying to the Supervision manual only.

An existing written concession is carried forward on a temporary basis only - for 12 months from commencement or, in the case of modifications relating to the Interim Prudential sourcebooks or SUP 16.6 (Compliance reports) or SUP 16.7 (Financial reports), until the relevant provisions cease to apply. A firm wishing to retain the benefit of a concession after that time will need to apply in good time for a waiver (see SUP 8 (Waiver and modification of rules)).

An existing written concession is carried forward as an amendment to the rule to which it relates. Any such amendment has effect for all purposes (including FSA enforcement action and actions for damages under section 150 of the Act).

An existing written concession is not carried forward if, and to the extent that, doing so would be inconsistent with a community obligation of the United Kingdom, in particular with the proper implementation of a directive.

These transitional provisions do not apply to rules which are continued by designation of pre-commencement provisions rather than made as new rules. Written concessions of such rules are carried forward, to similar effect, as waivers (given under section 148 of the Act) by article 8 of The Financial Services and Markets Act 2000 (Transitional Provision and Savings) (Rules) Order 2001 (SI 2001/1534). The relevant rules are in IPRU(INV), those identified as designated rules in the schedule to IPRU(INV) entitled "Powers exercised".

[deleted]

Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 4 of the table.

SUP TP 1.4

(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

Rules in: IPRU, SUP 16.6 and SUP 16.7

(1)

A rule listed in column (2) (including evidential provisions, transitional rules and relevant defined expressions) is disapplied, or is modified in its application, to a firm:

from commencement until revoked.

Commencement

(a)

in order to produce the same effect, including any conditions, as a written concession had on a pre-commencement provision listed in paragraph 2; and

(b)

for the same period as the written concession would have lasted, if shorter than the period in column (5);

(c)

the rule is substantially similar to the pre-commencement provision in relation to the matter with which the written concession is concerned;

(d)

the written concession was current as respects the firm immediately before commencement;

(e)

there is no specific transitional rule relating to the written concession; and

(f)

the written concession has not been superseded by a waiver from the FSA.

(2)

Paragraph (1) does not have effect if, and to the extent that, it would be inconsistent with any community obligation of the United Kingdom.

Rules in: IPRU, SUP 16.6 and SUP 16.7

The pre-commencement provisions referred to in paragraph 1(1) are those contained in any of the following (including relevant defined expressions):

from commencement until revoked.

firm

(1)

the legislative provisions of the FSA as designated agency under the Financial Services Act 1986;

(2)

the rules of IMRO, PIA, SFA and the recognised professional body;

(3)

the Insurance Companies Act 1982 and relevant secondary legislation;

(4)

the Friendly Societies Act 1992, and relevant secondary legislation;

(5)

the Banking Act 1987, relevant secondary legislation and the FSA's Guide to Banking Supervisory Policy;

(6)

the Building Societies Act 1986, relevant secondary legislation and the Building Societies Commission's Prudential Notes, Guidance Notes and DCE (Dear Chief Executive) letters.

Rules in: IPRU, SUP 16.6 and SUP 16.7

Notification of relevance etc of concession
A firm which has the benefit of a written concession to which paragraph 1 applies must notify the FSA immediately if it becomes aware of any matter which is material to the relevance or appropriateness of the written concession.

from commencement until revoked.

Commencement

Rules in: IPRU, SUP 16.6 and SUP 16.7

Definitions

from commencement until revoked.

Commencement

In these transitional provisions:

(1)

"substantially similar" means substantially similar in purpose and effect; and

(2)

"written concession" means a waiver, exemption, concession, modification, consent, approval, determination or similar exercise of discretion which:

(a)

disapplied, or tended to reduce the burden of complying with, a pre-commencement provision (with or without conditions); and

(b)

was evidenced in writing.

SUP TP 1.5

(1)

A firm may, in the written contract with its introducer appointed representative, extend the scope of appointment to include:

(a)

receiving and forwarding to an insurer or insurance intermediary an application by a customer for a connected travel insurance contract together with any associated documentation; and

(b)

receiving client money from a customer in respect of a connected travel insurance contract, and holding that client money.

(2)

The extension of the scope of the appointment must apply only where the receipt of an application or of client money results from documentation given to a customer, where the deadline for submission of this documentation to the publishers for publishing was on or before 15 November 2008.

(3)

This rule applies until 31 December 2009.

01/01/2009

SUP Sch 1

Record keeping requirements

31/12/2004

SUP Sch 1.1

The aim of the guidance in the following table is to give the reader a quick overall view of the relevant record keeping requirements.

It is not a complete statement of those requirements and should not be relied on as if it were.

01/12/2004

SUP Sch 1.2

Handbook reference

Subject of record

Contents of record

When record must be made

Retention period

SUP 4.3.17 R (3)

Data for actuary (or actuaries appointed under SUP 4 (Actuaries)

Such data as the actuary (or actuaries) appointed under SUP 4 (Actuaries) reasonably require

Not specified

SUP 12.9.1 R, SUP 12.9.2 R,

Appointed representatives

(1) Appointed representative's name

On appointment, amendment of contract or termination of contract

3 years from termination or amendment of the contract, other than in respect of tied agents when period is five years.

SUP 12.9.5 R

EEA tied agents

If a UK MiFID investment firm appoints an EEA tied agent the record keeping requirements in SUP 12.9 applies to that firm as though the EEA tied agent were an appointed representative.

(2) Copy of the original contract with the appointed representative and any subsequent amendments to it (including details of any restrictions placed on the activities which the appointed representative may carry on)

(3) Date and reason for terminating or amending the contract

(4) arrangements agreed with other principals under SUP 12.4.5B R

SUP 13.11

UK firm exercising EEA right

(a) the services or activities it carries on from a branch in, or provide cross border services into, another EEA State under that EEA right; and the requisite details or relevant details relating to those services or activities (if applicable)

Not specified

Three years from the earlier of the date on which:(a) it was superseded by a more up-to-date record; or

(a) the UK firm ceased to have a branch in, or carry cross border services into, any EEA State under an EEA right

SUP 13.11.1 R

Exercise of passport rights by UK firms

(1) Services or activities carried on from a branch in, or providedcross-border into, another EEA State under an EEA right

Not specified

Five years (for firms passporting under MiFID) or three years (for other firms) from earlier of:(1) record being superseded;

(2) The details relating to those services or activities (as set out in SUP 13.6 and SUP 13.7).

(2) firm ceasing to have any EEA branches or cross- border services.

SUP 16.8.23 R

Persistency reports and data reports

Records to enable the firm to monitor regularly the persistency of life policies and stakeholder pensions effected through each of its representatives and make the required reports to the FSA .

Not specified

01/11/2007

SUP Sch 2

Notification requirements

01/12/2004

SUP Sch 2.1

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.

01/01/2005

SUP Sch 4

Powers exercised

01/12/2004

SUP Sch 4.1

The following powers and related provisions in or under the Act have been exercised by the FSA to make the rules in SUP:

Section 59 (Approval for particular arrangements)

Section 118(8) (Market abuse)

Section 138 (General rule-making power)

Section 139(1) and (4) (Miscellaneous ancillary matters)

Section 141 (Insurance business rules)

Section 144 (Price stabilising rules)

Section 145 (Financial promotion rules)

Section 146 (Money laundering rules)

Section 147 (Control of information rules)

Section 149 (Evidential provisions)

Section 150(2) (Actions for damages)

Section 156 (General supplementary powers)

Section 238(5) (Restrictions on promotion)

Section 247 (Trust scheme rules)

Section 318(1) (Exercise of powers through Council)

Section 340 (Appointment)

Section 341 (Access to books etc.)

Regulation 6(1) of the OEIC Regulations (FSA rules)

Article 4(1) of The Financial Services and Markets Act 2000 (Transitional Provisions and Savings)(Rules) Order 2001 The Financial Services and Markets Act 2000 (Transitional Provisions and Savings)(Rules) Order 2001

06/04/2007

SUP Sch 4.2

The following powers and related provisions in or under the Act have been exercised by the FSA to give the guidance in SUP:

Section 157(1) (Guidance)

Article 11(1) of The Financial Services and Markets Act 2000 (Transitional Provisions and Savings)(Rules) Order 2001

16/05/2002

SUP Sch 4.3

The following powers and related provisions in or under the Act have been exercised by the FSA in SUP to direct or require:

Section 51 (Applications under this Part)

Section 60 (Applications for approval)

Section 148(3) (Modification or waiver of rules)

Section 182 (Notification)

Section 250(4) and (5) (Modification or waiver of rules)

Section 317 (Direction by Authority)

Paragraph 5(4) (Notice of Authority) of Schedule 4 (Treaty Rights)

Regulation 7(3) and (4) (Modification or waiver of FSA rules) of the OEIC Regulations

01/02/2006

SUP Sch 5

Rights of actions for damages

01/12/2004

SUP Sch 5.1

The table below sets out the rules in SUP contravention of which by an authorised person may be actionable under section 150of the Act (Actions for damages) by a person who suffers loss as a result of the contravention.

If a "Yes" appears in the column headed "For private person?", the rule may be actionable by a "private person" under section 150(or, in certain circumstances, his fiduciary or representative). A "Yes" in the column headed "Removed" indicates that the FSA has removed the right of action under section 150(2)of the Act. If so, a reference to the rule in which it is removed is also given.

The column headed "For other person?" indicates whether the rule is actionable by a person other than a private person (or his fiduciary or representative). If so, an indication of the type of person by whom the rule is actionable is given.

01/12/2004

SUP Sch 5.2

Right of action under section 150

Chapter/Appendix

Section/Annex

Paragraph

For private person?

Removed?

For other person?

All rules in SUP with the status letter "E"

All rules in the section

All rules in sections SUP 10.1 to SUP 10.10

All other rules in SUP

Yes

01/12/2004

SUP Sch 6

Rules that can be waived

01/12/2004