FEES TP 8 Transitional provisions relating to FEES 3 Annex 9R and FEES 4.3.6R taking effect in 2013/14
5(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 |
8.1 |
Special project fee transitional provisions |
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8.1.1 [FCA] [PRA] |
R |
This rule relates to a special project fee or part of a special project fee which has the following characteristics: (1) one or more of the events described in FEES 3 Annex 9R (2) or (6) had occurred before 1 April 2013; and (2) FSA employees conducted regulatory work which had been recorded on the FSA's systems and/or the FSA was invoiced fees and disbursements as a consequence of the applicable event or events referred to in FEES 3 Annex 9R (2) or (6) before 1 April 2013. (3) Hours or part hours worked by FSA staff and any fees or disbursements invoiced to the FSA of the kind described in FEES 3 Annex 9R (9) which were not accounted for in an invoice issued by the FSA prior to 31 March 2013 shall be named “pre-LCO accrued costs” in FEES TP 8.1. |
From 1 April 2013 indefinitely |
1 April 2013 |
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8.1.2 [FCA] [PRA] |
R |
In relation to the kind of special project fee specified in FEES TP 8.1.1R, (a) where one of the events referred to in FEES 3 Annex 9R (6)(a) had occurred, any pre-LCO accrued costs shall be included in the calculation of any amount payable to the FCA under FEES 3 Annex 9R (9); (b) a special project fee is payable to the FCA regardless of whether the amount calculated according to FEES 3 Annex 9R for the FCA is less than £50,000; and (c) no special project fee is payable if the sum total of adding together (i) the amount calculated in accordance with FEES 3 Annex 9R (9) in respect of the FCA and (ii) the total costs invoiced by the FSA before 1 April 2013 results in a total amount of less than £50,000. |
From 1 April 2013 indefinitely |
1 April 2013 |
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8.1.3 [FCA] [PRA] |
R |
In relation to the kind of special project fee specified in FEES TP 8.1.1R, where one of the events referred to in FEES 3 Annex 9R (2) or (6)(b)1had occurred: (a) 50% of the pre-LCO accrued costs shall be included in the calculation of any amount payable to the FCA under FEES 3 Annex 9R(9); (b) 50% of the pre-LCO accrued costs shall be included in the calculation of any amount payable to the PRA under FEES 3 Annex 9R(9); (c) a special project fee is payable to the appropriate regulator regardless of whether the amount calculated according to FEES 3 Annex 9R for the appropriate regulator is less than £50,000; and (d) no special project fee is payable if the sum total of adding together (i) the amount calculated in accordance with FEES 3 Annex 9R(9) in respect of the FCA, (ii) the amount calculated in accordance with FEES 3 Annex 9R(9) in respect of the PRA and (iii) the total costs invoiced by the FSA before 1 April 2013 results in a total amount of less than £50,000. 1 |
From 1 April 2013 indefinitely |
1 April 2013 |
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8.1.4 [FCA] [PRA] |
G |
As a result of FEES FEES TP 8.1.3R, pre-LCO accrued costs may give rise to two separate fee payment obligations following 1 April 2013, one in respect of the FCA and one in respect of the PRA if the threshold in FEES TP 8.1.3(d) is breached. |
From 1 April 2013 indefinitely |
1 April 2013 |
|
8.1.5 [FCA] [PRA] |
G |
(1) This guidance gives examples of how FEES TP 8.1 is intended to operate. (2) If an event specified in FEES 3 Annex 9 (2) occurred on 1 April 2012, the £50,000 threshold was breached on 1 November and the FSA invoiced for the full amount outstanding as at 1 December 2012 but issued no further invoices, any accrued hours or part hours and fees or disbursements invoiced to the FSA between 1 December 2012 and 1 April 2013 will be divided equally between the FCA and the PRA and an amount would be payable to the FCA and the PRA as separate fees regardless of whether the separate thresholds contained in FEES 3 Annex 9 (8) are met as long as the combined FSA, FCA and PRA costs incurred exceeded £50,000. (3) If an event specified in FEES 3 Annex 9 (6)(a) occurred on 1 February 2013, the FSA had begun the relevant regulatory work but had yet issued any invoices or breached the 50,000 floor before 1 April 2013, the accrued hours and disbursements will be allocated towards the FCA's fee calculation. |
From 1 April 2013 indefinitely |
1 April 2013 |
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8.2 |
On account fee transitional provisions |
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8.2.1 [FCA] [PRA] |
R |
[expired]2 2 |
2 | 2 | |
8.2.2 [FCA] [PRA] |
R |
[expired]2 2 |
2 | 2 | |
8.2.3 [FCA] [PRA] |
R |
[expired]2 2 |
2 | 2 | |
8.2.4 [FCA] [PRA] |
R |
[expired]2 2 |
2 | 2 | |
8.2.5 [FCA] [PRA] |
R |
[expired]2 2 |
2 | 2 | |
8.2.6 [FCA] [PRA] |
G |
[expired]2 2 |