APER 3.3 Factors relating to Statements of Principle 5 to 7

1In determining whether or not the conduct of an approved person performing an accountable higher management function complies with Statements of Principle 5 to 7, the following are factors which, in the opinion of the FCA, are to be taken into account:

1. (1)

   whether he exercised reasonable care when considering the information available to him;

2. (2)

   whether he reached a reasonable conclusion which he acted on;

3. (3)

   the nature, scale and complexity of the APER employer's2 business;

4. (4)

   their role and responsibility as an approved person performing an accountable higher management function;

5. (5)

   the knowledge he had, or should have had, of regulatory concerns, if any, arising in the business under his control.