Training and Competence is covered in the Training and Competence sourcebook (TC). The sourcebook defines the standards firms should achieve but does not prescribe in detail what a firm's training and competence (T&C) arrangements should be. It expects a firm to use this flexibility to design a T&C scheme that meets its own needs effectively and efficiently. This means that firms should take a risk-based approach to T&C so they spend time and resource on the areas that need it rather then applying a standard approach in every circumstance.

The TC sourcebook contains:

• Commitments (TC 1); and
• Rules and Guidance (TC 2).

Chapter 2 contains sections on recruitment, training, attaining competence, appropriate exams, maintaining competence, supervising and monitoring and record keeping. The TC 2 rules apply to employees of a firm engaging in or overseeing the activities in the table in TC 2.1.4 G. Activities under the heading of 'advising without dealing' are likely to be the most relevant to smaller investment intermediaries, though you should check whether other activities may also be relevant.

The sections in TC 2 on training, recruitment and supervising and monitoring apply only to activities carried out for private customers.

The Commitments amplify Principle 3 in relation to Training and Competence. They apply to everyone within a firm associated with a regulated activity including senior management who may not fall within the scope of the TC 2 rules.

The firm's commitments to training and competence should be that:

• its employees are competent;
• its employees remain competent for the work they do;
• its employees are appropriately supervised;
• its employees' competence is regularly reviewed; and
• the level of competence is appropriate to the nature of the business.

'Employee' is a generic term that covers everyone who works in a firm.

Being competent means being able to show the relevant individual has and maintains the necessary knowledge, skills and experience to do the job and does it to the required standard effectively and consistently. Once assessed as competent the individual can act without being supervised.

Competence is made up of:

• application of knowledge and skills; and
• appropriate examination passes.

Knowledge and skills must be assessed, measured and improved where necessary.

The activity in the Training and Competence sourcebook most likely to be carried out by a small advisory firm is TC 2.1.4 G 1(f) - 'Employees engaging in advising on investments, which are packaged products (other than broker funds or long-term care insurance contracts)'.

If employees advise on long-term care insurance (LTCI) contracts (under TC 2.1.4 G 1(ha)), they must be competent to advise on LTCI contracts (under TC 2.4.5 R). This activity became a regulated activity on 31 October 2004. LTCI contract advisers who were deemed competent at that date under a transitional provision in TC do not have to pass an appropriate LTCI examination at the moment. However, this transitional provision remains in force only until 30 October 2006. The effect of this is that LTCI contract advisers deemed competent under the transitional provision must have passed an appropriate LTCI examination before 31 October 2006. Firms whose employees advise on LTCI contracts should also consider whether TC 2.5.5A R applies.

If employees provide basic advice on stakeholder products, there is no examination requirement. However, the firm must still assess them as competent before they can give this type of advice without being supervised.

We no longer include a list of approved examinations in TC. Instead, the Financial Services Skills Council (FSSC) maintains a list of 'appropriate examinations' from which firms can select an appropriate exam(s). The list of appropriate exams is on the FSSC's website: www.fssc.org.uk/cgi-bin/go.pl/exams/index.html

In applying the T&C rules you should consider the following:

• Who do the rules apply to? (TC 2.1)
• What is the existing level of knowledge and skills of the individual? (TC 2.2, TC 2.3)
• What knowledge and skills are required to carry out the role to an adequate standard? (TC 2.4)
• What action such as training is required to fill the gaps? (TC 2.3)
• How is it known whether the training has worked? (TC 2.3)
• How to measure the level of knowledge and skills already achieved and compare this with the level required? (TC 2.4)
• What are the time limits for passing an appropriate examination? (TC 2.5)
• Once achieved, how is competence to be maintained? (TC 2.6)
• What arrangements need to be in place to ensure that non-competent employees are appropriately supervised? (TC 2.7)
• What arrangements need to be in place to ensure that competent employees are appropriately monitored? (TC 2.7)

Firms should have a training plan in place for each employee carrying out an activity listed in TC 2.1.4 G. This plan should cover the testing and measurement of skills and knowledge. The firm must, at intervals appropriate to the circumstances, determine the training needs of those employees and organise appropriate training to address these needs (TC 2.3).

When a new employee joins the firm you should think about the knowledge and skills of that individual and how they match up to the role they will perform. Your firm must also take reasonable steps to gather enough information about their previous activities, training and qualifications (TC 2.2).

Your firm needs arrangements in place to ensure an employee remains competent. These might include tests, role-plays, and performance indicators or file checks. It is up to the firm to determine the most suitable methods (TC 2.6).

You must ensure that if an employee is not assessed as competent they are appropriately supervised until assessed as competent in that activity (TC 2.7.1 R). In the case of an employee advising private customers on packaged products, the individual supervising that employee must have passed an appropriate examination and have the required knowledge and skills before acting as supervisor (TC 2.7.5 R).

You must have arrangements in place to ensure that employees who have been assessed as competent are appropriately monitored in that activity (TC 2.7.5A R). The level of monitoring will vary depending on the knowledge and skills of the employee. It is likely to be less intense than the supervision carried out on employees who are not competent.

A sole trader or the only director or partner in a firm who is carrying out the activity, can monitor themselves. In both cases, the individual should be able to prove that they have complied with the requirements of TC 2.7.5A R. The sole trader or firm should try to make appropriate arrangements where practicable, as it can be difficult to be objective about one's own performance.

If an employee falls below the standard expected of a competent employee, the firm must make arrangements for supervising the employee (TC 2.7.5C R). Where the employee is advising private customers on packaged products, these arrangements should ensure that the individual supervising the employee satisfies the requirements of TC 2.7.5 R as described in paragraph 10.7.1 above.

Your firm must retain records for at least three years after the individual ceases to carry out an activity. These are minimum requirements and you may decide to keep material for longer.

The records of pension transfer specialists must be kept indefinitely.

Several industry bodies have worked to develop best practice appropriate to their sector of the industry. The main IFA trade associations have been involved in the Financial Services National Training Organisation's Toolkit for IFAs.

Our Industry Training department run training and competence (T&C) workshops; you can find details on the Industry Training Web Pages on the website (www.fsa.gov.uk/pages/doing/events/workshops/) or phone the Industry Training booking line on 020 7066 0752.

We launched a revised T&C CD for Investment Firms in the autumn of 2004 (CDs for mortgage and general insurance firms are also available.) These T&C CDs contain:

• audio material on the T&C sourcebook, including recorded sessions by FSA senior management; and
• CD-ROM material on the T&C sourcebook relevant to the type of firm in question.

You can order CDs by completing the order form either:

• on our website on the Industry Training web pages (under Distance Learning) at www.fsa.gov.uk/pages/Doing/Events/pdf/DL_TC_IF.pdf; or
• on the flyers sent to firms - then fax it to us or send it by post.