SUP TP 1 Transitional provisions
SUP TP 1.1 Transitional provisions applying to the Supervision manual only
Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 16 of the table. |
SUP TP 1.2
(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 |
|||
1 |
R |
Auditors A firm will not contravene SUP 3.3.2 R (1), if the office of auditor is filled at commencement. The auditor filling the office at that time will be deemed to be appointed under SUP 3.3.2 R. |
From commencement |
|||||
2 |
R |
Expired16 16 |
16 | 16 | ||||
3 |
R |
16 | Expired16 16 |
16 | 16 | |||
3A |
R |
16 | Expired16 16 |
16 | 16 | |||
3B |
G |
Expired16 16 |
16 | 16 | ||||
3C |
R |
16 | Expired16 16 |
16 | 16 | |||
4 |
R |
Actuaries A firm will not contravene SUP 4.3.1 R (1) or SUP 4.4.1 R (1) to the extent that the office of actuarial function holder, with-profits actuary or appropriate actuary is filled by an actuary appointed on or before 31 December 2004, provided that that actuary was appointed in accordance with the statutory requirements, or the requirements of the regulatory system, in force at that time.14 14 |
From commencement |
|||||
4A13 |
R13 |
Anything done before 31 December 2004 for the purposes of an amended provision in SUP 4 has effect as if done under that provision.13 |
From 31 December 200413 |
31 December 200413 |
||||
4B13 |
[deleted]14 |
14 | ||||||
144BA |
R |
The rules apply in respect of each financial year commencing on or after 1 January 2005. |
From 31 December 2004 |
31 December 2004 |
||||
4C13 |
[deleted]14 |
14 | 14 | 14 | 14 | |||
4D13 |
[deleted]14 |
14 | 14 | 14 | 14 | |||
4E13 |
[deleted]14 |
14 | 14 | 14 | 14 | |||
5 |
R |
If a firm's actuary14 has been appointed by a previous regulator under statutory or contractual powers and remains in office immediately before commencement, that appointment will be deemed to have been made under SUP 4.3.3 R, but on the terms of the actual appointment. 14 |
From commencement |
|||||
6 |
R |
Expired16 1616 |
16 | 16 | ||||
6A |
G |
Individual guidance |
From 19 July 2001 |
21 June 2001 |
||||
(1) |
If a person acts in accordance with individual written guidance: |
|||||||
(a) |
given to him by any previous regulator (or body whose functions were assumed by a previous regulator); |
|||||||
(b) |
relating to any pre-commencement provision; and |
|||||||
(c) |
in the circumstances contemplated by that guidance; |
|||||||
then the FSA will proceed on the footing that the person has complied with the aspects of any provision in or under the Act (including a rule or guidance in the Handbook) to which the guidance relates if: |
||||||||
(d) |
that provision is substantially similar to the pre-commencement provision in relation to the matter with which the guidance is concerned; |
|||||||
(e) |
the guidance was current immediately before commencement; and |
|||||||
(f) |
the guidance has not been superseded. |
|||||||
(2) |
SUP 9.4.2 G - SUP 9.4.4 G are relevant for individual guidance in (1) in the same way as for individual written guidance given by the FSA. |
|||||||
(3) |
References to “individual written guidance” in (1) and (2) include a written concession from a pre-commencement provision which is substantially similar to guidance in the Handbook. |
|||||||
8 |
R |
Expired16 1616 |
16 | 16 | ||||
288A |
R |
(1) An application made under section 60 of the Act received before 31 October 2007 will be taken to relate to the controlled function existing at the date of determination. |
From 1 November 2007 |
From 1 November 2007 |
||||
(2) The controlled functions CF 13 (finance function), CF 14 (risk assessment function) and CF 15 (internal audit function) are subsumed in the new controlled function CF 28 (systems and controls function) to the extent that they fall within the description of the systems and controls function. |
On 1 November 2007 |
On 1 November 2007 |
||||||
(3) The controlled functions CF 16 (significant management (designated investment business) function), CF 17 (significant management (other business operations) function), CF 18 (significant management (insurance underwriting) function), CF 19 (significant management (financial resources) function) and CF 20 (significant management (settlements) function) are subsumed in the new controlled function CF 29 (significant management function) to the extent that they fall within the description of the significant management function. |
On 1 November 2007 |
On 1 November 2007 |
||||||
23(4) The controlled functions CF 21 (investment adviser function), CF 22 (investment adviser (trainee) function), CF 23 (corporate finance adviser function), CF 24 (pension transfer specialist function), CF 25 (adviser on syndicate participation at Lloyd's function), CF 26 (customer trading function) and CF 27 (investment management function) are subsumed in the new controlled function CF 30 (customer function) to the extent that they fall within the description of the customer function. |
On 1 November 2007 |
On 1 November 2007 |
||||||
288B |
G |
(1) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the systems and controls function the original grant of approval by the FSA will remain valid in relation to the systems and controls function and no new approval to perform that controlled function will be required. |
||||||
(2) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the significant management function the original grant of approval by the FSA will remain valid in relation to the significant management function and no new approval to perform that controlled function will be required. |
||||||||
23(3) The effect of TP 8AR is that if immediately prior to 1 November 2007 a person was an approved person in relation to any of the controlled functions to be subsumed into the customer function the original grant of approval by the FSA will remain valid in relation to the customer function and no new approval to perform controlled function will be required. |
||||||||
288C |
G |
Firms are reminded of their obligation under SUP 10.13.16 R to notify the FSA if the firm becomes aware of information which would be reasonably material to the continuing assessment of an approved person's fitness and propriety and in particular their competence to perform a function. |
||||||
288D |
SUP 10.13.6 R (Ceasing to perform a controlled function) and SUP 10.13.3 D (Moving within a firm) |
R |
The obligation to submit Form C or Form E does not apply in relation to a person who: (a) ceases to perform a controlled function because that controlled function ceases to exist on 1 February 2007; or (b) performs a function which falls within the description of a different controlled function after 1 November 2007 as a result of TP 8AR. |
From 1 February 2007 in relation to the sole trader function and 1 November 2007 in all other cases. |
From 1 February 2007 in relation to the sole trader function and 1 November 2007 in all other cases. |
|||
9 |
R |
Expired16 1616 |
16 | 16 | ||||
9A |
R |
Notification of Delegation |
From 13 February 2004 to 13 February 2007 |
13 February 2004 |
||||
(1) |
Subject to (2), SUP 15.8.4 G does not apply to a UCITS management company which became authorised before 13 February 2004. |
|||||||
(2) |
Paragraph (1) does not apply in relation to any UK firm which exercises an EEA right under the UCITS Directive (in which event the rule applies in relation to acts of delegation occurring on or after the date on which the firm begins to exercise such rights). |
|||||||
9B12 |
R12 |
A firm conducting designated investment business need not amend its written contract with anappointed representative(appointed before 15 January 2004) to take account of amendments to SUP 12.5 coming into force between 30 June 2004 and 30 June 2005, until 30 June 2005 or the date on which the contract is next updated (whichever is earlier).12 |
Commencement, and as amended with effect from 30 June 200412 |
|||||
10 |
R |
Expired16 16 |
16 | 16 | ||||
10A9 |
R9 |
SUP 16.4 (Annual controllers report) and SUP 16.5 (Annual close links report) do not apply to a firm with permission to carry on only insurance mediation activity, mortgage mediation activity, or both.9 |
(1) in respect of mortgage mediation activities, 31 October 2004 - 31 March 2005; (2) in respect of insurance mediation activities, 14 January 2005 - 31 March 2005,9 |
1 April 20059 |
||||
11 |
R |
Expired16 16 |
16 | 16 | ||||
12 |
SUP 16.7.44 R, SUP 16.7.46 R, SUP 16.7.48 R, |
R |
Expired16 16 |
16 | 16 | |||
12A |
R |
An investment management firm which, before 1 December 2003, was already submitting consolidated financial returns in the form in: (a) SUP 16 Ann 10R; or (b) SUP 16 Ann 7R (with associated guidance in SUP 16 Ann 8G); may continue to use these forms instead of the consolidated financial resources return in SUP 16 Ann 5R. |
From 1 December 2003 until, but not including, the date on which the provisions of the Financial Groups Directive take effect in the United Kingdom. |
1 December 2003 |
||||
12B9 |
911911911911911911911911911911911911911 | R9 |
(1)9 |
Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has:9 |
From 1 April 20059 |
91 April 2005 |
||
9(a) |
9annual income of less than £5m but more than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm11, and 11 |
|||||||
(b) |
9an accounting reference date which |
|||||||
(i) |
9falls between 31 December 2004 and 31 March 2005; or |
|||||||
9(ii) |
9falls between 30 June 2005 and 30 September 2005 |
|||||||
9this must be read as a reference to providing the first return in accordance with SUP TR 12CR. |
||||||||
9(2) |
9Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has: |
|||||||
9(a) |
9annual income of less than £5m but more than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm11, and 11 |
|||||||
(b) |
9an accounting reference date which is not within (1)(b); |
|||||||
9the first return must cover the firm's first full financial half-year which starts on or after 1 April 2005 and be submitted 30 business days after period end. |
||||||||
9(3) |
9Where a firm is carrying on regulated activities before 1 April 2005 and is required under a rule in SUP 16.7 to submit information using the MLAR, the first return must cover the firm's first full financial quarter which starts on or after this date and be submitted 20 business days after period end. |
|||||||
9(4) |
9Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half-yearly basis, and the firm has: |
|||||||
9(a) |
9annual income of less than £60,000 in total from insurance mediation activity, mortgage mediation activity and its permitted activities as a personal investment firm11, and 11 |
|||||||
(b) |
9an accounting reference date which falls between 31 December 2004 and 30 December 2005,11 11 |
|||||||
the relevant rule must be read as requiring the first return to be provided in accordance with SUP TR 12DR.11 |
||||||||
(5)11 |
Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a quarterly basis, and the firm has an accounting reference date which falls between 31 December 2004 and 30 December 2005 the relevant rule must be read as requiring the first return to be provided with SUP TR 14B.11 |
|||||||
12C9 |
R 9 |
If SUP TR 12B R (1) - (3) applies, the firm's first return must be provided as follows:9 |
||||||
Reporting period starts9 |
Reporting period ends9 |
Return to be provided9 |
||||||
Between 30 June 2005 and 30 September 20059 |
1 April 20059 |
Accounting reference date within 20059 |
30 business days after period end.9 |
|||||
31 December 200411 |
1 April 200511 |
30 June 200511 |
30 business days after the period end11 |
|||||
Between 1 January 2005 and 31 March 200511 911 |
1 April 20059 |
6 months after the accounting reference date within 200511 911 |
30 business days after period end9 |
|||||
12D9 |
R9 |
(1)9 |
If SUP TR 12BR (4)SUP TR 12BR (4) applies, the firm's first return must be provided as follows:9 |
|||||
Reporting period starts9 |
Reporting period ends9 |
Return to be provided9 |
||||||
31 December 200411 |
1 April 200511 |
30 June 200511 |
30 business days after period end11 (Note 1)11 |
|||||
Between 1 January 2005 and 31 March 200511 911 |
1 April 20059 |
6 months after the accounting reference date within 200511 911 |
30 business days after period end (Note 1)9 |
|||||
Between 1 April 2005 and 29 June 20059 |
the day following the11 accounting reference date within 20059 11 |
6 months after the accounting reference date within 2005911 11 |
30 business days after period end (Note 1)9 |
|||||
Between 30 June 2005 and 29 September 20059 |
1 April 20059 |
Accounting reference date within 20059 |
30 business days after period end9 |
|||||
Between 30 September 2005 and 30 December 20059 |
The day after 116 months preceding the 11accounting reference date within 20059 |
Accounting reference date within 2005 |
30 business days after period end9 |
|||||
12E9 |
R9 |
(2)9 |
If SUP TR 12BR (4) applies, the firm's second return must be provided as follows:9 |
|||||
Reporting period starts11 |
Reporting period ends11 |
Return to be provided11 |
||||||
Between 30 June 2005 and 29 September 20059 |
the day following the accounting reference date11 within 20059 911 |
6 months after the accounting reference date within 200511 911 |
30 business days after period end (Note 1)9 |
|||||
12F9 |
R9 |
A mortgage administrator or mortgage lender must submit an annual report and audited accounts annually, 3 months after the firm's accounting reference date9 |
31 October 2004 - 31 March 20059 |
1 April 20059 |
||||
12G15 |
SUP 16.7.7 R; SUP 16.7.9 R; SUP 16.7.11 R; SUP 16.7.16 R; SUP 16.7.20 R; SUP 16.7.24 R; SUP 16.7.26 R; SUP 16.7.28 R; SUP 16.7.35 R; SUP 16.7.57 R; SUP 16.7.62 R; SUP 16.7.65 R; SUP 16.7.73 R; |
R |
(1) Where a rule in SUP 16.7 requires a firm to submit information using the RMAR on a half yearly basis the relevant rule must be read as requiring the first return to be provided in accordance with SUP TR 12HR. (2) Where a firm is carrying on regulated activities on or before 1 January 2007 and is required under a rule in SUP 16.7 to submit information using the MLAR, the first return must cover the firm's first full financial quarter which starts on or after this date and be submitted 20 business days after period end. |
From 1 January 2007 - 31 December 2007 |
1 January 2007 |
|||
12H15 |
R |
If SUP TR 12G R (1) applies, the firm's first return must be provided as follows: |
||||||
Accounting reference date (dates inclusive) |
Reporting period starts |
Reporting period ends |
Return to be provided |
|||||
Between 1 January and 31 March |
The day after the accounting reference date within 2007 |
6 months after the accounting reference date within 2007 |
30 business days after period end. |
|||||
Between 1 April and 30 June |
1 January 2007 |
Accounting reference date within 2007 |
30 business days after period end. |
|||||
Between 1 July and 30 September |
The day after 6 months preceding the accounting reference date within 2007 |
Accounting reference date within 2007 |
30 business days after period end. |
|||||
Between 1 October and 31 December |
1 January 2007 |
6 months before the accounting reference date within 2007 |
30 business days after period end. |
|||||
1712I |
R |
Until 6 September 2006, an authorised professional firm will not contravene SUP 16.7.54 R if it submits to the FSA the annual questionnaire that was contained in SUP 16 Annex 9R immediately prior to 6 July 2006. |
6 July 2006 - 6 September 2006 |
6 July 2006 |
||||
1812J |
(1) SUP 16.7.24 R, SUP 16.7.25 R and 16.7.25A R, SUP 16.7.27 R and 16.7.27A R |
R |
A securities and futures firm that is a BIPRU investment firm is not required to submit the Annual Reporting Statement, the Annual Reconciliation and the Consolidated Supervision Return under SUP 16.7.25 R and SUP 16.7.27 R (as appropriate). |
1 January 2007 to 31 December 2007 |
Commencement and 1 January 2007 |
|||
18(2) |
R |
An investment management firm that is a BIPRU investment firm is not required to submit the Annual Financial Return, the Consolidated Supervision Return and the Consolidated Financial Resources Return under SUP 16.7.36 R. |
1 January 2007 to 31 December 2007 |
Commencement and 1 January 2007 |
||||
18(3) |
R |
A UCITS investment firm is not required to submit the Annual Financial Return and 26the Consolidated Supervision Return under SUP 16.7.68 R. |
1 January 2007 to 31 December 2007 |
13 February 2004 and 1 January 2007 |
||||
18(4) |
R |
A personal investment firm that is a BIPRU investment firm is not required to submit the Consolidated Supervision Return under SUP 16.7.77 R. |
1 January 2007 to 31 December 2007 |
1 April 2005 and 1 January 2007 |
||||
18(5) |
R |
A building society will not be required to submit reports MFS1, MFS1 Supp, MFS2 and QFS2 for reporting dates after 1 January 2008 |
From 1 January 2008 |
|||||
2012K |
SUP 16.7.7 R, SUP 16.7.8 R, SUP 16.7.9 R, SUP 16.7.10 R, SUP 16.7.11 R, SUP 16.7.12 R, SUP 16.7.16 R, SUP 16.7.17 R, SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.26 R, SUP 16.7.27 R, SUP 16.7.28 R, SUP 16.7.29 R, SUP 16.7.35 R, SUP 16.7.36 R, SUP 16.7.54 R, SUP 16.7.54A R, SUP 16.7.57 R, SUP 16.7.58 R, SUP 16.7.62 R, SUP 16.7.63 R, SUP 16.7.65 R, SUP 16.7.66 R. SUP 16.7.73 R, SUP 16.7.74 R, SUP 16.7.75 R, SUP 16.7.76 R and SUP 16.7.77 R, |
R |
Solely in respect of information regarding any reversion activity or home purchase activity required to be reported in the RMAR and MLAR, a firm: |
1 April 2007 to 31 December 2008 |
||||
(1) |
is not required to include such information in respect of the applicable reporting periods (as set out in the relevant provisions in SUP 16.7) ending before 1 October 2007; |
|||||||
(2) |
must include such information in respect of reporting periods ending on or after 1 October 2007; |
|||||||
(3) |
must include such information under existing mortgage headings (for the RMAR) or loan headings (for the MLAR) as set out in the guidance in SUP 16 Annex 18B and SUP 16 Annex 19B respectively. |
|||||||
2112L |
(1) SUP 16.7.7 R, SUP 16.7.8 R, SUP 16.7.8A R24, SUP 16.7.16 R, SUP 16.7.17 R, SUP 16.7.17A R24, SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.25A R, 24SUP 16.7.26 R24, SUP 16.7.27 R, SUP 16.7.27A R24, SUP 16.7.30 R24, SUP 16.7.35 R24, SUP 16.7.36 R, SUP 16.7.36AR24, SUP 16.7.67R24, SUP 16.7.68R, SUP 16.7.68AR24, SUP 16.7.76R24, SUP 16.7.77R, SUP 16.7.77AR24 |
R |
Except to the extent required by a transitional provision in TP12M, a BIPRU firm will not be required to report under these rules in respect of reporting dates after 31 December 2007, but will instead report under SUP 16.12. |
1 January 2008 to 1 April 200924 |
1 January 2008 |
|||
21(2) |
R |
Except to the extent required by a transitional provision in TP12M, an EEA Bank, other than one with permission for cross border services only, will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5 R. |
1 January 2008 to 1 April 200924 |
1 January 2008 |
||||
21(3) |
R |
Except to the extent required by a transitional provision in TP12M, a bank established outside the EEA will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5 R. |
1 January 2008 to 1 April 200924 |
1 January 2008 |
||||
21(4) |
R |
A credit union will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5R. |
1 January 2008 to 1 April 200924 |
1 January 2008 |
||||
21(5) SUP 16.7.66 |
R |
An ELMI that is required to report a consolidated reporting statement on capital adequacy in the case of ELM 7.3.2 R in respect of reporting dates after 31 December 2007 will use FSA003 in place of FSA009. FSA003 should be submitted in accordance with SUP 16.12.3R (3). |
1 January 2008 |
1 January 2008 |
||||
21(6) |
R |
(1) A firm that is a member of a financial conglomerate: (a) that is at the head of an FSA regulated EEA financial conglomerate; or (b) whose Part IV permission contains a relevant requirement; will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.32R and SUP 16.12.33R. (2) In (1)(b), a relevant requirement is one as set out in SUP 16.7.82R (2). |
1 January 2008 to 1 April 200924 |
1 January 2008 |
||||
(7) SUP 16.7.65R, SUP 16.7.66R |
R |
An ELMI will not be required to report under these rules in respect of reporting dates after 31 December 2007 but will instead report under SUP 16.12.5R. |
1 January 2008 to 1 April 2009 |
1 January 2008 |
||||
2112M |
(1) SUP 16.12.5R24 |
R |
Firms in Regulated Activity Group 1 are not required to submit the following data items: (i) for reporting dates falling prior to 30 June 2008: FSA001 FSA002 FSA008 FSA010 FSA012 FSA013 FSA016 FSA018 29(ii) for reporting dates falling prior to 31 August 2008:24 FSA005 FSA006 FSA007 FSA014 FSA020 FSA021 FSA022 FSA023 FSA024 FSA025 FSA026 and (iii) for reporting dates falling prior to 30 September 2008: FSA015 FSA044 FSA04629 |
1 January 2008 |
||||
21(2) SUP 16.12.5 |
R |
UK banks in Regulated Activity Group 1 should not submit FSA017 for reporting dates prior to 2731 August 2008.27 |
1 January 2008 to 30 August 2008 |
1 January 2008 |
||||
21(3) SUP 16.12.5 |
R |
A building society in Regulated Activity Group 1: (i) should not submit FSA017 for reporting dates prior to 2731 August 2008.27 (ii) should instead submit an ‘Analysis of interest rate gap’ quarterly, within 15 business days of the quarter end, except in the case of a building society on the “Administered” approach (see IPRU(BSOC) 4 Ann 4A 4A.2) which is not required to submit the ‘Analysis of interest rate gap’. In the case of (ii), reports should be prepared as at the end of March, June, September and December of each year. The ‘Analysis of interest rate gap’ must be submitted in accordance with TP 12L (4). |
1 January 2008 to 30 August 2008 |
1 January 2008 |
||||
21(4) SUP 16.12.5 |
R |
In respect of the transitional reporting requirements in this transitional provision TP12L (3), the report should be submitted in accordance with SUP 16.3.6 R to SUP 16.3.10R. |
1 January 2008 to 30 September 2008 |
1 January 2008 |
||||
21(5) SUP 16.12.11R24 |
R |
Firms in Regulated Activity Group 3, other than exempt BIPRU commodity firms,22 are not required to submit the following data items: (i) for reporting dates falling prior to 30 June 2008: FSA001 FSA002 FSA008 FSA016 FSA018 FSA01924 FSA04529 29(ii) for reporting dates falling prior to 31 August 2008:24 FSA005 FSA006 FSA007 FSA039 FSA04024 and (iii) for reporting dates falling prior to 30 September 2008: FSA04629 |
1 January 2008 |
|||||
21(6) SUP 16.12.15R24 |
R |
Firms in Regulated Activity Group 4 are not required to submit the following data items:(i) for reporting dates falling prior to 30 June 2008: FSA001 FSA002 FSA008 FSA016 FSA018 FSA01924 FSA04529 29(ii) for reporting dates falling prior to 31 August 2008:24 FSA005 FSA006 FSA007 FSA038 FSA039 FSA040 FSA041 FSA04224and (iii) for reporting dates falling prior to 30 September 2008: FSA04629 |
1 January 2008 |
|||||
21(7) SUP 16.12.22R24 |
R |
Firms in Regulated Activity Group 7 are not required to submit the following data items:(i) for reporting dates falling prior to 30 June 2008: FSA001 FSA002 FSA008 FSA016 FSA018 FSA01924 FSA04529 29(ii) for reporting dates falling prior to 31 August 200824: FSA005 FSA006 FSA007 and (iii) for reporting dates falling prior to 30 September 2008: FSA04629 |
1 January 2008 |
|||||
21(8) SUP 16.12.25R24 |
R |
Firms in Regulated Activity Group 8 are not required to submit the following data items: (i) for reporting dates falling prior to 30 June 2008: FSA001 FSA002 FSA008 FSA016 FSA018 FSA01924 FSA04529 29(ii) for reporting dates falling prior to 31 August 200824: FSA005 FSA006 FSA007 FSA039 FSA04024 and (iii) for reporting dates falling prior to 30 September 2008: FSA04629 |
1 January 2008 |
|||||
22(9) SUP 16.12.11R |
R |
Exempt BIPRU commodity firms are not required to submit the following data items for reporting dates: (i) falling prior to 30 June 2008: FSA00824 (ii) falling prior to 31 August 200824: FSA001 FSA002 FSA016 FSA018 FSA028 FSA03327 FSA038 FSA039 FSA040 FSA041 FSA04224 |
1 January 2008 to 30 August 242008 |
1 January 2008 |
||||
22(10) SUP 16.12.11 |
R |
Exempt BIPRU commodity firms are not required to submit the following data items for reporting dates falling prior to 1 January 2011: FSA003 FSA004 FSA005 FSA006 FSA007 FSA019 |
1 January 2008 to 31 December 2010 |
1 January 2008 |
||||
(11) SUP 16.12.5R |
R |
(1) A UK bank must submit the following reports for reporting dates falling between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.8R: BSD3 (unconsolidated, solo consolidated); BSD3 (consolidated); LE3 (unconsolidated, solo consolidated); LE3 (consolidated); M1 (unconsolidated, solo consolidated); and M1 (consolidated). Consolidated reports are only required from UK consolidation groups. (2) In addition, a UK bank subject to IPRU(BANK) Chapter LS must submit the SLR1 for reporting dates between 1 January 2008 and 31 May 2008 in accordance with the rules set out in SUP 16.7.8R. (3) Also, a UK bank subject to IPRU(BANK) Chapter LM must submit the LR for reporting dates between 1 January 2008 and 31 March 2008 in accordance with the rules set out in SUP 16.7.8R. |
1 January 2008 to 29 June 2008 |
1 January 2008 |
||||
(12) SUP 16.7.9R, SUP 16.7.10R |
R |
An EEA Bank, other than one with permission for cross border services only, must submit the LR for reporting dates between 1 January 2008 and 31 March 2008 in accordance with the rules set out in SUP 16.7.10R. |
1 January 2008 to 31 March 2008 |
1 January 2008 |
||||
(13) SUP 16.7.11R, SUP 16.7.12R |
R |
A bank established outside the EEA must submit: (a) the LR for reporting dates between 1 January 2008 and 31 March 2008; and (b) the B7 for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.12R. |
1 January 2008 to 29 June 2008 |
1 January 2008 |
||||
(14) SUP 16.7.16R, SUP 16.7.17R |
R |
A building society must submit: (a) the QFS1 and AFS1 for reporting dates between 1 January 2008 and 29 June 2008; and (b) the interest rate gap report for reporting dates between 1 January 2008 and 30 August 2008 in accordance with the rules set out in SUP 16.7.17R. |
1 January 2008 to 30 August 2008 |
1 January 2008 |
||||
(15) SUP 16.7.24R, SUP 16.7.25R |
R |
A securities and futures firm which is a category A or B firm or a broad scope firm, and is a BIPRU investment firm, must submit the large exposures quarterly reporting statement (Form LEM 1 or LEM 2) (consolidated and unconsolidated) and monthly reporting statement for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.25R, except that the monthly reporting statement should be submitted quarterly. |
1 January 2008 to 29 June 2008 |
1 January 2008 |
||||
(16) SUP 16.7.26R, SUP 16.7.27R |
R |
A securities and futures firm which is a category C or D firm or an arranger or venture capital firm, and is a BIPRU investment firm, must submit the large exposures quarterly reporting statement (Form LEM 1 or LEM 2) (consolidated and unconsolidated) and quarterly reporting statement for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.27R, except that BIPRU 50K firms should submit the quarterly reporting statement half yearly. |
1 January 2008 to 29 June 2008 |
1 January 2008 |
||||
(17) SUP 16.7.35R, SUP 16.7.36R |
R |
An investment management firm which is a BIPRU investment firm must submit either a quarterly financial return or a monthly financial return (depending on whether the firms is subject to a Liquid Capital Requirement or is an ISD firm subject to the Own Funds Requirement of Euro 730,000) for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.36R, except that BIPRU 50K firms should submit the quarterly financial return half yearly, and BIPRU 730K firms should submit the monthly financial return on a quarterly basis. |
1 January 2008 to 29 June 2008 |
1 January 2008 |
||||
(18) SUP 16.7.65R, SUP 16.7.66R |
R |
An ELMI must submit the ELM CA/LE (unconsolidated and consolidated) for reporting dates between 1 January 2008 and 30 August 2008 in accordance with the rules set out in SUP 16.7.66R. |
1 January 2008 to 30 August 2008 |
1 January 2008 |
||||
(19) SUP 16.7.67R, SUP 16.7.68R |
R |
A UCITS firm must submit the Quarterly Financial Return for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.68R. |
1 January 2008 to 29 June 2008 |
1 January 2008 |
||||
(20) |
R |
A firm that was not subject to other reporting requirements in SUP 16.7 (other than in SUP 16.7.76 R and SUP 16.7.77 R) at 31 December 2007, and is a BIPRU firm, must submit sections A, B, C and E of the RMAR and sections A and B of the MLAR for reporting dates between 1 January 2008 and 29 June 2008 in accordance with the rules set out in SUP 16.7.77 R, except that the frequency for these sections of the RMAR and MLAR is amended as follows: (a) for BIPRU 730K firms and BIPRU 125K firms, quarterly; and (b) for BIPRU 50K firms, half-yearly. |
1 January 2008 to 29 June 2008 |
1 January 2008 |
||||
29(21) |
R |
Firms in RAGs 3, 4, 6, 7 and 8 that are required to complete Section J of the RMAR, with an accounting reference date falling between 1 July 2007 and 31 August 2007 inclusive, must additionally report on section J of the RMAR at their half year (i.e. for reporting dates falling between 1 January 2008 and 29 February 2008 inclusive), to be submitted within 30 business days of the half year date. |
1 January 2008 to 29 February 2008 |
1 January 2008 |
||||
2212N |
(1) |
R |
(1) |
Subject to (2), SUP 16.7.36 R does not apply from 6 April 2007 to 30 August24 2008 to an investment management firm which: 24 |
6 April 2007 to 30 August24 2008 24 |
6 April 2007 |
||
22(a) |
was not a firm before 6 April 2007; and |
|||||||
22(b) |
carries on only the activity of establishing, operating or winding up a personal pension scheme. |
|||||||
22(2) |
Notwithstanding (1), a firm described in (1) with an accounting reference date of between 6 April 2007 and 30 August24 2008 (inclusive) must submit a copy of its annual accounts to the FSA in accordance with SUP 16.7.36 R, unless (3) applies. The annual accounts must give a true and fair view of the state of affairs of the firm and of the firm's profit or loss. 24 |
|||||||
2212O |
(1) |
[deleted]24 |
||||||
22(2) |
R |
A securities and futures firm which is either |
1 November 2007 to 31 December 2008 |
Commencement and 1 November 2007 |
||||
22(1) |
an exempt CAD firm, or |
|||||||
22(2) |
an exempt BIPRU commodity firm to which the requirements of IPRU(INV) Chapter 3 apply |
|||||||
22is not required to submit the Annual Reporting Statement and the Annual Reconciliation under SUP 16.7.25 R and SUP 16.7.27 R (as appropriate). |
||||||||
22(3) |
R |
An investment management firm which is an exempt CAD firm is not required to submit the Annual Financial Return under SUP 16.7.36 R. |
1 November 2007 to 31 December 2008 |
Commencement and 1 November 2007 |
||||
22(4) |
R |
A UCITS firm which is an exempt CAD firm is not required to submit an Annual Financial Return under SUP16.7.68R, Note 3. |
1 November 2007 to 31 December 2008 |
13 February 2004 and 1 November 2007 |
||||
22(5) SUP 16.12.11R, SUP 16.12.12R24 |
R |
An exempt BIPRU commodity firm that does not meet the conditions in BIPRU TP 16 is not required to submit FSA008 for reporting dates prior to 30 June 2008.24 |
1 January 2008 to 29 June24 2008 |
1 January 2008 |
||||
2212P |
(1) SUP 16.7.20R24, SUP 16.7.21R, SUP 16.7.21AR, SUP 16.7.21BR24, SUP 16.7.26R24, SUP 16.7.27R24, SUP 16.7.28R24, SUP 16.7.29R24, SUP 16.7.30R24, SUP 16.7.35R24, SUP 16.7.36R24, SUP 16.7.54R24, SUP 16.7.54AR24, SUP 16.7.55R24, SUP 16.7.56R24, SUP 16.7.57R24, SUP 16.7.58R24, SUP 16.7.67R24, SUP 16.7.68R24, SUP 16.7.76R24, SUP 16.7.77R24 |
R |
Except to the extent required by a transitional provision in TP 12Q, a firm, other than a BIPRU firm, will not be required to report under these rules in respect of reporting dates after 31 December 2007, but will instead report under SUP 16.12. |
1 January 2008 to 31 March 200924 |
1 January 2008 |
|||
2212Q |
(1) SUP 16.12.11R24 |
R |
1 January 2008 to 30 August24 2008 |
1 January 2008 |
||||
22(1) |
are not required to submit the following data items for reporting dates falling prior to 31 August 200824: FSA029 FSA030 FSA031 FSA032 FSA033 FSA034 FSA035 FSA036 FSA03724 FSA039 FSA04024 |
|||||||
22(2) |
are instead required to report as set out TP 12Q (5). |
|||||||
22(2) SUP 16.12.14R24 |
R |
1 January 2008 to 30 August24 2008 |
1 January 2008 |
|||||
22(1) |
are not required to submit the following data items for reporting dates falling prior to 31 August 200824: FSA029 FSA030 FSA031 FSA032 FSA033 FSA034 FSA035 FSA036 FSA037 FSA038 FSA039 FSA040 FSA041 FSA042 |
|||||||
22(2) |
are instead required to report as set out TP 12N (1), TP 12Q (5) or TP 12R (1). |
|||||||
22(3) SUP 16.12.19R24 |
R |
1 January 2008 to 30 August24 2008 |
1 January 2008 |
|||||
22(1) |
are not required to submit the following data items for reporting dates falling prior to 31 August 200824: FSA029 FSA030 FSA031 FSA032 FSA033 FSA034 FSA035 FSA036 FSA03724 FSA039 FSA04024 |
|||||||
22(2) |
are instead required to report as set out TP 12Q (5). |
|||||||
22(4) SUP 16.12.25R24 |
R |
1 January 2008 to 30 August24 2008 |
1 January 2008 |
|||||
22(1) |
are not required to submit the following data items for reporting dates falling prior to 31 August 200824: FSA029 FSA030 FSA031 FSA032 FSA033 FSA034 FSA035 FSA036 FSA03724 FSA039 FSA04024 |
|||||||
22(2) |
are instead required to report as set out TP 12Q (5). |
|||||||
22(5) SUP 16.12.11R24, SUP 16.12 14R24, SUP 16.12.19R24, SUP 16.12.25R24 |
R |
(1) |
A securities and futures firm that is: |
1 January 2008 to 30 August 242008 |
1 January 2008 |
|||
22(a) |
not a BIPRU firm, an exempt CAD firm or an exempt BIPRU commodity firm must submit the annual reporting statement, the annual reconciliation and the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G; |
|||||||
22(b) |
an exempt CAD firm must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G; 24 |
|||||||
24(c) |
an exempt BIPRU commodity firm (to which the requirements of IPRU(INV) Chapter 3 apply) must submit the quarterly reporting statement in the manner and to the timescales set out in SUP 16.7.27R, and SUP 16.7.31R to SUP 16.7.34G; |
|||||||
22(2) |
except in the case of an investment management firm that is not a BIPRU firm, is not an exempt CAD firm and is authorised by the FSA after 5 April 2007, an investment management firm that is: |
|||||||
22(a) |
neither a BIPRU firm nor an exempt CAD firm must submit the annual reporting statement and the quarterly financial return in the manner and to the timescales set out in SUP 16.7.36R to SUP 16.7.38R; |
|||||||
22(b) |
an exempt CAD firm must submit the quarterly financial return in the manner and to the timescales set out in SUP 16.7.36R to SUP 16.7.38R, and FSA043 in the manner and to the timescale set out in SUP 16.7.36BR; |
|||||||
22(3) |
a UCITS firm: |
|||||||
22(a) |
other than an exempt CAD firm must submit the Annual Financial Return and the Quarterly Financial Return in the manner and to the timescales set out in SUP 16.7.68R and SUP 16.7.69R; |
|||||||
22(b) |
that is an exempt CAD firm must submit the Quarterly Financial Return in the manner and to the timescales set out in SUP 16.7.68R and SUP 16.7.69R and FSA043 in the manner and to the timescale set out in SUP 16.7.68BR; and |
|||||||
22(4) |
a firm that satisfies the criteria in SUP 16.7.76R and is: |
|||||||
22(a) |
neither a BIPRU investment firm nor an exempt CAD firm must submit the RMAR and MLAR in the manner and to the timescales set out in SUP 16.7.77R; |
|||||||
22(b) |
that is an exempt CAD firm must submit the RMAR and MLAR in the manner and to the timescales set out in SUP 16.7.77R and FSA043 in the manner and to the timescale set out in SUP 16.7.77BR. |
|||||||
13 |
R |
In Forms 1R(1) to (3) in SUP 16 Annex 6R , for any life policy promoted beforecommencement, a reference to “direct offer financial promotion” must be read as a reference to “direct offer advertisement”, as defined in the rulebook of the PIA at the time the policy was promoted. |
From commencement for 6 years |
|||||
2213A |
(1) |
R |
In relation to an investment management firm which carries on only the activity of establishing, operating or winding up a personal pension scheme and which is authorised by the FSA after 6 April 2007, SUP 3.9 will not apply to the firm's auditor. |
6 April 2007 to 31 December 2008 |
6 April 2007 |
|||
14 |
R |
SUP 16.8 does not apply to an insurer (including a friendly society) which was not a member of the PIA immediately before commencement. |
From commencement for 6 years |
|||||
14A9 |
R9 |
9Until 1 July 2006, a firm will not contravene SUP 16.11.7 R if it does not complete the data reporting field 'Advice at the point of sale' (see SUP 16 Annex 21).9 |
1 April 2005 - 30 June 20069 |
1 April 20059 |
||||
14B |
R |
If SUP TR 12B R (5) applies, the firm's first return must be provided as follows: |
||||||
Reporting period starts11 |
Reporting period ends11 |
Return to be provided11 |
||||||
31 December 200411 |
1 April 200511 |
30 June 200511 |
30 business days after period end11 |
|||||
Between 1 January 2005 and 31 March 200511 |
1 April 200511 |
6 months after the accounting reference date within 200511 |
30 business days after period end11 (Note 2)11 |
|||||
Between 1 April 2005 and 29 June 200511 |
The day following the accounting reference date within 200511 |
3 months after the accounting reference date within 200511 |
30 business days after period end11 (Note 2)11 |
|||||
Between 30 June 2005 and 29 September 200511 |
1 April 200511 |
Accounting reference date within 200511 |
30 business days after period end11 (Note 2)11 |
|||||
Between 30 September 2005 and 30 December 200511 |
The day after 6 months preceding the accounting reference date within 200511 |
3 months preceding the accounting reference date within 200511 |
30 business days after period end11 (Note 3)11 |
|||||
14C11 |
16.10.411 |
R11 |
A firm whose accounting reference date falls between 1 April 2005 and 30 June 2005 (inclusive) need not comply with SUP 16.10.4 R until its accounting reference date in 2006.11 |
1 April 2005-30 June 200511 |
1 April 200511 |
|||
14D11 |
16.11.311 |
R11 |
The report under SUP 16.11.3R (1) for the quarter 1 April to 30 June 2005, together with the report for the quarter 1 July to 30 September 2005 must be submitted within 20 business days after the end of the 1 July-30 September 2005 quarter.11 |
1 April 2005-30 June 200511 |
1 April 200511 |
|||
15 |
25 | 25 | [deleted]25 25 |
25 | 25 | |||
15A |
R |
Expired16 16 |
16 | 16 | 16||||
15B |
G |
Expired16 |
16 | 16 | 16||||
16 |
Paragraphs 1 to 15 |
R |
Definitions |
From commencement |
||||
In these transitional provisions: |
||||||||
(1) |
“pre-commencement provision” means a provision repealed or revoked by or under the Act or a rule or guidance of the firm's previous regulator, including (where the context permits) any relevant provision which it replaced before commencement; and |
|||||||
(2) |
“substantially similar” means substantially similar in purpose and effect. |
|||||||
1710 |
R10 |
The periodic fee modification set out in SUP 20.4.4 R (4) does not apply to the A.2, A.18 and A.19 activity groups until 1 April 2005.10 |
From 31 October 2004 to 31 March 200510 |
1 April 200210 |
10
||||
G |
GEN contains some technical transitional provisions that apply throughout the Handbook and which are designed to ensure a smooth transition at commencement . These include transitional provisions relevant to record keeping and notification rules. |
From commencement of the relevant provision in SUP |
Various dates |
|||||
Note 2 = Sections A, B, C, D, E of the RMAR should be reported for the 3 months to the reporting end date.11 |
||||||||
Note 3 = This should only cover sections A, B, C, D, E of the RMAR11 |
SUP TP 1.3 Transitional provisions relating to written concessions
1. |
The purpose of the transitional provisions in the following table is to carry forward existing written concessions relating to pre-commencement provisions - for example, formal waivers or modifications given by IMRO, PIA or SFA (“an SRO”) and the recognised professional bodies, written concessions from the standards in the FSA's Guide to Banking Supervisory Policy, and formal written consents and determinations made by an SRO under an SRO rule. |
|
2. |
An existing written concession is only carried forward if the pre-commencement provision to which it relates is substantially similar to a rule in the Handbook. The substantially similar test should be applied to the specific element of the rule to which the written concession relates. An existing written concession from a pre-commencement provision which is substantially similar to written guidance in the Handbook is carried forward in the same way as pre-commencement individual guidance; see transitional provision 6A (Individual guidance) in the schedule of Transitional provisions applying to the Supervision manual only. |
|
3. |
An existing written concession is carried forward on a temporary basis only - for 12 months from commencement or, in the case of modifications relating to the Interim Prudential sourcebooks or SUP 16.6 (Compliance reports) or SUP 16.7 (Financial reports), until the relevant provisions cease to apply. A firm wishing to retain the benefit of a concession after that time will need to apply in good time for a waiver (see SUP 8 (Waiver and modification of rules)). |
|
4. |
An existing written concession is carried forward as an amendment to the rule to which it relates. Any such amendment has effect for all purposes (including FSA enforcement action and actions for damages under section 150 of the Act). |
|
5. |
An existing written concession is not carried forward if, and to the extent that, doing so would be inconsistent with a community obligation of the United Kingdom, in particular with the proper implementation of a directive. |
|
6. |
These transitional provisions do not apply to rules which are continued by designation of pre-commencement provisions rather than made as new rules. Written concessions of such rules are carried forward, to similar effect, as waivers (given under section 148 of the Act) by article 8 of The Financial Services and Markets Act 2000 (Transitional Provision and Savings) (Rules) Order 2001 (SI 2001/1534). The relevant rules are in IPRU(INV), those identified as designated rules in the schedule to IPRU(INV) entitled “Powers exercised”.19 19 |
|
[deleted]19 19 |
||
7. |
Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 4 of the table. |
SUP TP 1.4
(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 |
||
1 |
Rules in: IPRU,SUP 16.6 and SUP 16.716 16161616 |
R |
(1) |
A rule listed in column (2) (includingevidential provisions, transitional rules and relevant defined expressions) is disapplied, or is modified in its application, to a firm: |
from commencement until revoked. 161616 |
||
(a) |
in order to produce the same effect, including any conditions, as a written concession had on a pre-commencement provision listed in paragraph 2; and |
||||||
(b) |
for the same period as the written concession would have lasted, if shorter than the period in column (5); |
||||||
if |
|||||||
(c) |
the rule is substantially similar to the pre-commencement provision in relation to the matter with which the written concession is concerned; |
||||||
(d) |
the written concession was current as respects the firm immediately before commencement; |
||||||
(e) |
there is no specific transitional rule relating to the written concession; and |
||||||
(f) |
the written concession has not been superseded by a waiver from the FSA. |
||||||
(2) |
Paragraph (1) does not have effect if, and to the extent that, it would be inconsistent with any community obligation of theUnited Kingdom. |
||||||
2 |
Rules in: IPRU,SUP 16.6 and SUP 16.716 16161616 |
R |
The pre-commencement provisions referred to in paragraph 1(1) are those contained in any of the following (including relevant defined expressions): |
from commencement until revoked. 161616 |
|||
(1) |
the legislative provisions of the FSA as designated agency under the Financial Services Act 1986; |
||||||
(2) |
the rules of IMRO, PIA, SFA and the recognised professional body; |
||||||
(3) |
the Insurance Companies Act 1982 and relevant secondary legislation; |
||||||
(4) |
the Friendly Societies Act 1992, and relevant secondary legislation; |
||||||
(5) |
the Banking Act 1987, relevant secondary legislation and the FSA's Guide to Banking Supervisory Policy; |
||||||
(6) |
the Building Societies Act 1986, relevant secondary legislation and the Building Societies Commission's Prudential Notes, Guidance Notes and DCE (Dear Chief Executive) letters. |
||||||
3 |
Rules in: IPRU,SUP 16.6 and SUP 16.716 16161616 |
R |
Notification of relevance etc of concession A firm which has the benefit of a written concession to which paragraph 1 applies must notify the FSA immediately if it becomes aware of any matter which is material to the relevance or appropriateness of the written concession. |
from commencement until revoked. 161616 |
|||
4 |
Rules in: IPRU,SUP 16.6 and SUP 16.716 16161616 |
R |
Definitions |
from commencement until revoked. 161616 |
|||
In these transitional provisions: |
|||||||
(1) |
“substantially similar” means substantially similar in purpose and effect; and |
||||||
(2) |
“written concession” means a waiver, exemption, concession, modification, consent, approval, determination or similar exercise of discretion which: |
||||||
(a) |
disapplied, or tended to reduce the burden of complying with, a pre-commencement provision (with or without conditions); and |
||||||
(b) |