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    2005-12-31

SIFA 3.1 Accessing the handbook

SIFA 3.1.1 G

You can find the FSA Handbook on:

  • our website; and
  • the monthly CD-ROMs (sent to all firms and to trade bodies).

The contents are the same in each medium. You can order one-off paper copies of the Handbook or modules of the Handbook by contacting The Stationery Office (telephone 0845 608 2372) and selecting option 1.

SIFA 3.2 Installing the CD-ROM

SIFA 3.2.1 G

When you first install the CD-ROM, selecting Preferences enables you to select the entire Handbook or one or more sourcebooks, allowing you to refine your search within the Handbook. Tick each sourcebook to include it in your search. You can amend the sourcebooks you have selected whenever you wish. This facility does not remove any content from the CD-ROM. The parts of the Handbook that are of most practical significance to small firms are set out in Chapter 4 of the Guide.

SIFA 3.3 Further information

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You can find further information from the following sources on our website by clicking on 'FSA Handbook':

  • The Reader's Guide describes the contents of the Handbook; where to find them and how to make use of them.
  • The User Guide provides information on navigating and searching the Handbook.

SIFA 3.4 Structure of each sourcebook or manual

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You will find transitional provisions in each sourcebook. Transitional provisions are rules that tell firms in business on or before 30 November 2001 (the date the FSA received its statutory powers known as N2) how to deal with the transition between the FSA rules and the equivalent rules of a previous regulator. There are some TSPs (Timeless Saving Provisions) that apply to your existing clients at 30 November 2001. These allow you to continue to use, or rely on documentation or compliance work undertaken in line with a previous regulator's rules provided the work remains valid and up to date. The Conduct of Business (COB) rules relating to terms of business, client agreements and client classification benefit from TSPs.

SIFA 3.4.2 G

There are also some transitional rules for depolarisation which apply to the COB rules as amended by the Depolarisation Instrument 2004 and by the implementation of the Distance Marketing Directive. These state the period during which the transitional rules are to be in force.

SIFA 3.4.3 G

Each chapter and most sections of the Handbook begin with a rule that sets out which firms the chapter or section applies to. For example, COB 5.4.1 R states 'This section applies to a firm that conducts designated investment business with or for a private customer but does not apply to a firm when providing basic advice on a stakeholder product'. We recommend that you read the application rule first before moving on, checking the terms in italics with the Handbook Glossary, where necessary. Any word that is in italics in the Handbook will be defined in the Handbook Glossary.

SIFA 3.4.4 G

There are schedules of information at the end of each sourcebook. These are numbered consistently throughout the Handbook and provide a summary of requirements as set out below:

Schedule

Contents

Schedule 1

Record keeping requirements (see Chapter 13 of the Guide)

Schedule 2

Notification and reporting requirements (see Chapter 12 of the Guide)

Schedule 3

Fees (see Chapter 18 of the Guide)

Schedule 4

FSA powers used in making the provisions

Schedule 5

Rules where rights of action exist under section 150 of the Financial Services and Markets Act 2000 (action for damages by a private person who suffers loss as a result of a breach of the rules)

Schedule 6

Rules which the FSA has powers to waive or modify (see Chapter 16 of the Guide)

SIFA 3.5 Keeping up-to-date with handbook changes

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Handbook Notices and Handbook Development Newsletters are an important means of keeping up-to-date with changes to the Handbook and regulatory issues. We publish these on the FSA website and include them in the monthly CD-ROM.

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We publish the Handbook Notice after each monthly FSA Board meeting. It summarises and explains the additions and changes to the Handbook made by the Board at its meeting. The Handbook Notice also includes Policy Statements where we are not publishing them separately (usually for minor amendments that do not warrant a separate Policy Statement).

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The Handbook Development Newsletter summarises Consultation and Discussion Papers and Policy Statements we have issued over the preceding month. It also lists forthcoming publications with expected month of issue and gives other information, such as training offered by us to the industry.

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The 'FSA Library' on our website contains recent FSA publications, such as Discussion Papers (DPs), Consultation Papers (CPs) and Policy Statements (PSs).

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The 'Doing business with the FSA' pages on our website contain information for small firms. This includes FSA newsletters and the latest regulatory news, events and announcements. There is also a catalogue of useful information such as good practice material (for example, on selecting a compliance consultant).

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We organise conferences, training workshops and other events to update firms on regulatory priorities and current developments. Details of these events are given in the Handbook Development Newsletters and on our website. You can contact our Events team on 020 7066 0098 if you want to find out more. Chapter 19 of the Guide details other sources of information.

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Trade associations, newspapers and magazines also have an important role in summarising regulatory developments and keeping smaller investment intermediaries informed of changes.