CASS 11.3 Responsibility for CASS operational oversight

1CASS 11.3.3G(5) to (11)2 also apply to a CASS small debt management firm and the function in CASS 11.3.1R. However:

1. (1)

   the function in CASS 11.3.1R is not an FCA specified significant-harm function; and

2. (2)

   the person performing that function will not necessarily be subject to the employee certification regime described in SYSC 5.2 (Certification Regime).

1. (1)

   CASS 11.3.4R describes the FCA controlled function known as the CASS operational oversight function (CF10a) in relation to CASS large debt management firms, including not-for-profit debt advice bodies.1

2. (2)

   As a consequence of CASS 11.3.4R (in conjunction with SUP 10A.4.1R and SUP 10A.7.10R), in a CASS large debt management firm (including a not-for-profit debt advice body fitting into that category) the function described in CASS 11.3.4R is required to be discharged by a director or senior manager.1

3. (3)

   In the case of a firm that is not a relevant authorised person, the director or senior manager in (2) should be an approved person under the approved persons regime provided for in SUP.

   1
4. (4)

   However, the CASS operational oversight function does not apply to a relevant authorised person.1

5. (5)

   For a firm that is a relevant authorised person, the function in CASS 11.3.4R is not a separate controlled function and performing that function does not require approval as an approved person.1

6. (6)

   A relevant authorised person must allocate overall responsibility for the firm’s compliance with CASS to one of its SMF managers (see SYSC 4.7.5R). That responsibility is an “FCA-prescribed senior management responsibility”. The full list of FCA-prescribed senior management responsibilities is in the table in SYSC 4.7.7R.1

7. (7)

   A relevant authorised person may allocate the function in CASS 11.3.4R to the SMF manager in (6).1

8. (8)

   A relevant authorised person may allocate the CASS FCA-prescribed senior management responsibility described in (6) to an SMF manager who does not perform any other function coming within the FCA approved persons regime for relevant authorised persons. See SUP 10C.7 (Other overall responsibility function (SMF18)) for details.1

9. (9)

   A relevant authorised person may choose to allocate the function in CASS 11.3.4R to someone who is not an approved person and SMF manager. If so:1

   1. (a)

      that person will be subject to the employee certification regime described in SYSC 5.2 (Certification Regime);1

   2. (b)

      that person will be subject to supervision by the SMF manager in (6); and1

   3. (c)

      the function in CASS 11.3.4R will be the CASS oversight FCA specified significant-harm function in SYSC 5.2.32R.1

10. (10)

    Broadly speaking, paragraphs (1) to (9) apply to a third-country relevant authorised person, with certain differences:2

    1. (a)

       SYSC 4.8.6R and SYSC 4.8.9R apply instead of SYSC 4.7.5R and SYSC 4.7.7R;2

    2. (b)

       SUP 10C.8 applies instead of SUP 10C.7;2

    3. (c)

       the other local responsibility function (SMF22) applies in place of the other overall responsibility function (SMF18).2

11. (11)
    1. (a)

       The position of an incoming EEA firm that has a top-up permission is slightly different.2

    2. (b)

       The firm may choose to allocate the function in CASS 11.3.4R to an SMF manager.2

    3. (c)

       The firm may instead choose to allocate the CASS function to someone who is not an SMF manager.2

    4. (d)

       Where (c) applies, the person performing the function in CASS 11.3.4R will fall into the certification regime.2

    5. (e)

       FCA-prescribed senior management responsibilities do not apply to an incoming EEA firm that has a top-up permission. There is no requirement in SYSC 4.7 or SYSC 4.8 that an SMF manager in an incoming EEA firm should have overall responsibility for CASS.2

    6. (f)

       Having responsibility for CASS may fall within the scope of the EEA branch senior manager function (SMF21).2

    7. (g)

       However, having responsibility for CASS may not fall into any controlled function.2

1. (1)

   1CASS 11.3.5R provides a grace period for a firm that is not a relevant authorised person to apply for someone to be approved to perform the CASS operational oversight function.

2. (2)

   There is no equivalent to CASS 11.3.5R for a relevant authorised person, because a person does not need specific FCA approval before carrying out the function. This is explained in (3) to (5), below.

3. (3)

   As explained in CASS 11.3.3G, the function in CASS 11.3.5R is not, by itself, a controlled function.

4. (4)

   Therefore, if an approved person is to perform the function for a relevant authorised person, it can be allocated to any director or senior manager who is already an approved person who is suitable to carry it out.

5. (5)

   If the function is to be carried out by a certification employee:

   1. (a)

      FCA approval is not needed because performance of a role that falls into the certification regime does not require FCA approval;

   2. (b)

      the firm should:

      1. (i)

         either issue them with a certificate under SYSC 5.2 (Certification regime) before the firm becomes a CASS large debt management firm; or

      2. (ii)

         give the function to a suitable approved person pending issue of the certificate.