REC 3.13 Delegation of relevant functions
Application
3This section applies to a UK RIE where it is outsourcing its operational functions other than in relation to systems allowing or enabling algorithmic trading.
3The notification requirements in MiFID RTS 7, specifying organisational requirements of regulated markets allowing algorithmic trading through their systems, apply to a UK RIE where those operational functions are to be outsourced.
- (1)
The purpose of REC 3.13 is to enable the FCA 2to monitor any significant instances where UK recognised bodies outsource their functions to other persons (as permitted 1under Regulation 6 of the Recognition Requirements Regulations or, in relation to an RAP, under regulation 13 of the RAP regulations1. See REC 2.2 and REC 2A.2).1
21 - (2)
The FCA 2does not need to be notified of every instance of outsourcing by a UK recognised body, but only where an activity or activities which form a significant part of a relevant function or which make a significant contribution to the performance of a relevant function are outsourced.
2
Where a UK recognised body makes an offer or agrees to delegate any of its relevant functions to another person, it must immediately give the FCA 2notice of that event, and:
2- (1)
inform the FCA 2of the reasons for that delegation or proposed delegation;
2 - (2)
inform the FCA 2of the reasons why it is satisfied that it will continue to meet the recognition requirements or (for an RAP) RAP recognition requirements1 following that delegation;
2 - (3)
where it makes such an offer by issuing a written invitation to tender to another body or person, give the FCA 2a copy of that invitation to tender; and
2 - (4)
where it makes such an agreement, give the FCA 2a copy of that agreement.
2
A UK recognised body must immediately give the FCA 2notice, where it makes an offer or agrees to undertake any relevant function of another UK recognised body.
2