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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

161616161616161632161610

(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

SUP 3.3.2 R (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

Commencement

2

SUP 3.9 and SUP 3.10

R

Expired16

16
16 16

3

SUP 3.9.4 R

R

16

Expired16

16
16 16

3A

SUP 3.10

R

16

Expired16

16
16 16

3B

SUP 3.10.6 R, SUP 3.10.7 R

G

Expired16

16
16 16

3C

SUP 3.10

R

16

Expired16

16
16 16

4

SUP 4.3.1 R (1) and SUP 4.4.1 R (1)

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

Commencement

4A13

SUP 413

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

SUP 4.3.16AR (3) and SUP 4.3.16AR (4)

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

SUP 4.3.3 R

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

Commencement

6

SUP 8.6.1 G

R

Expired16

1616
16 16

6A

SUP 9.4

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

SUP 10.13.6 R

R

Expired16

1616
16 16

288A

SUP 10.4.1 R

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.

338E

SUP 10.6.4 R (2)

R

(1) This rule deals with a person (a “director”) who would otherwise have been performing the director function for a firm under SUP 10.6.4 R (2) on 6 August 2009 but who was not otherwise performing the director function for that firm at that date. This rule only applies if he was not approved at that date to perform the director function for that firm.

(2) Between the dates in column (5), the functions described in SUP 10.6.4 R (2) are not treated as forming part of the director function as respects that firm and that director unless they also fall under SUP 10.6.4 R (1).

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that director and that firm if and when an application is made for the director to perform the director function for that firm and that application is granted.

6 August 2009 to 6 February 2010

6 February 2010

338F

SUP 10.6.8 R (1)(b)

R

(1) This rule deals with a person (a “non-executive director”) who would otherwise have been performing the non-executive director function for a firm under SUP 10.6.8 R (1)(b) on 6 August 2009 but who was not otherwise performing the non-executive director function for that firm at that date. This rule only applies if he was not approved at that date to perform the non-executive director function for that firm.

(2) Between the dates in column (5), the functions described in SUP 10.6.8 R (1)(b) are not treated as forming part of the non executive director function as respects that firm and that non executive director unless they also fall under SUP 10.6.8 R (1)(a).

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that non executive director and that firm if and when an application is made for the non executive director to perform the non-executive director function for that firm and that application is granted.

6 August 2009 to 6 February 2010

6 February 2010

338G

SUP 10.9.1 R (2)

R

(1) This rule deals with a person (a “proprietary trader”) who would otherwise have been performing the significant management function for a firm under SUP 10.9.10 R (1A) on 6 August 2009 but who was not otherwise performing the significant management function for that firm at that date. This rule only applies if he was not approved at that date to perform the significant management function for that firm.

(2) Between the dates in column (5), the functions described inSUP 10.9.10 R (1A) are not treated as forming significant management function part of the as respects the firm and that proprietary trader unless they also fall under SUP 10.9.10 R (1).

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that proprietary trader and that firm if and when an application is made for the proprietary trader to perform the significant management function for that firm and that application is granted.

6 August 2009 to 6 February 2010

6 February 2010

348H

SUP 10.1.7 R (1)

R

(1) This rule deals with the application of the director function under SUP 10.1.7 R (1) to a person (a “director”) who would otherwise have been performing the director function on 6 August 2009 in an overseas firm which maintains an establishment in the United Kingdom from which regulated activities are carried on (or would have been doing so but for a waiver).

(2) Between the dates in column (5), the functions described in SUP 10.1.7 R (1) are not treated as forming part of the director function as respects that establishment in the United Kingdom, and that director.

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that director and that establishment in the United Kingdom, if and when an application is made for the director to perform the director function for that establishment in the United Kingdom and that application is granted.

6 October 2009 to 6 February 2010

6 February 2010

348I

SUP 10.1.7 R (2)

R

(1) This rule deals with the application of the non-executive director function under SUP 10.1.7 R (2) to a person (a “non-executive director”) who would otherwise have been performing the non-executive director function on 6 August 2009 in an overseas firm which maintains an establishment in the United Kingdom from which regulated activities are carried on (or would have been doing so but for a waiver).

(2) Between the dates in column (5), the functions described in SUP 10.1.7 R (2) are not treated as forming part of the non-executive director function as respects that establishment in the United Kingdom, and that non-executive director.

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that non-executive director and that establishment in the United Kingdom, if and when an application is made for the non-executive director to perform the non-executive director function for that establishment in the United Kingdom and that application is granted.

6 October 2009 to 6 February 2010

6 February 2010

348J

SUP 10.1.7 R (5)

R

(1) This rule deals with the application of the systems and controls function under SUP 10.1.7 R (5) to persons who would otherwise have been performing the systems and controls function on 6 August 2009 in an overseas firm which maintains an establishment in the United Kingdom from which regulated activities are carried on (or would have been doing so but for a waiver).

(2) Between the dates in column (5), the functions described in SUP 10.1.7 R (5) are not treated as forming part of the systems and controls function as respects that establishment in the United Kingdom and that person.

(3) If this transitional rule has not already expired under column (5), this rule comes to an end as respects that person and that establishment in the United Kingdom, if and when an application is made for that person to perform the systems and controls function for that establishment in the United Kingdom and that application is granted.

6 October 2009 to 6 February 2010

6 February 2010

9

SUP 12.5.5 R

SUP 12.5.7 R

R

Expired16

1616
16 16

9A

SUP 15.8.4 G

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

SUP 12.512

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

From 30 June 2004 until 30 June 2005, that is, 12 months.12

Commencement, and as amended with effect from 30 June 200412

10

SUP 16.4.5 R

SUP 16.5.5 G

R

Expired16

16
16 16

10A9

SUP 16.4

SUP 16.59

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

SUP 16.6

SUP 16.7

SUP 16.8

R

Expired16

16
16 16

12

SUP 16.7.7 R;

SUP 16.7.9 R,

SUP 16.7.11 R,

SUP 16.7.16 R,

SUP 16.7.24 R,

SUP 16.7.26 R,

SUP 16.7.35 R,

SUP 16.7.44 R,

SUP 16.7.46 R,

SUP 16.7.48 R,

SUP 16.7.57 R

R

Expired16

16
16 16

12A

SUP 16.7.38 R

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

SUP 16.7.54 R;9

SUP 16.7.76 R9

SUP 16.7.79 R9

SUP 16.7.80 R9

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

Accounting reference date9

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

Accounting reference date9

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

Accounting reference date11

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

SUP 16.7.77 R9

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

SUP 16.7.54 R

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)

SUP 16.7.35 R, SUP 16.7.36 R and SUP 16.7.36A R

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)

SUP 16.7.67 R, SUP 16.7.68 R and SUP 16.7.68A R

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)

SUP 16.7.76 R, SUP 16.7.77 R and SUP 16.7.77A R

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)

SUP 16.7.16 R and SUP 16.7.17 R

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

Commencement

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

Commencement

(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)

SUP 16.7.9 R24, SUP 16.7.10 R24

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)

SUP 16.12.11 R24, SUP 16.7.12 R24

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)

SUP 16.7.62RSUP 16.12.5 R24, SUP 16.7.63R24

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)

SUP 16.7.82R24, SUP 16.7.83R24

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

24

(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

FSA0452429

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 to 2929 September2429 2008

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 to 2929 September2429 2008

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 to 2929 September2429 2008

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 to 2929 September2429 2008

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 to 2929 September2429 2008

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

24

(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

24

(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

24

(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

24

(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

24

(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

24

(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

24

(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

24

(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

24

(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

24

(20)

SUP 16.7.76 R, SUP 16.7.77 R

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)

SUP 16.12.23 R

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)

SUP 16.7.36 R

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)

SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.27 R

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)

SUP 16.7.35 R, SUP 16.7.36 R

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)

SUP 16.7.67 R, SUP 16.7.68 R

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

Firms in Regulated Activity Group 3:

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

Firms in Regulated Activity Group 4:

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

Firms in Regulated Activity Group 6:

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

Firms in Regulated Activity Group 8:

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 16.12.14R30, SUP 16.12.19R24, SUP 16.12.25R24

24

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 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;

30

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 quarterly financial return in the manner and to the timescales set out in SUP 16.7.36R to SUP 16.7.38R;

30

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 Quarterly Financial Return in the manner and to the timescales set out in SUP 16.7.68R and SUP 16.7.69R;

30

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.

2212R

(1)

24

[deleted]24

24

24

22(2)

SUP 16.12.11R24

R

An exempt BIPRU commodity firm that, at the reporting date for large exposures data item FSA008, satisfies the conditions of BIPRU TP 16 is not required to submit FSA008 for that reporting date.

30 June24 2008 to 31 December 2010

30 June24 2008

2212S

(1)

SUP 16.12.15, SUP 16.12.16, SUP 16.12.17

R

In the case of an exempt BIPRU commodity firm that is subject to the requirements of IPRU(INV) Chapter 3, it is required to submit the capital adequacy data item FSA033 in the manner and to the frequency and timescales set out for firms other than BIPRU firms that are subject to IPRU(INV) Chapter 3 in SUP 16.12.15R to SUP 16.12.17R.

1 January 2009 to 31 December 2010

1 January 2009

3512T

SUP 16.12.5 R to SUP 16.12.7 R;

SUP 16.12.10 R to SUP 16.12.17 R;

SUP 16.12.22 R to SUP 16.12.27 R

R

(1)

This rule deals with:

As set out in column (4)

As set out in column (4)

(a) the date (the "start date") on which the requirements (the "new requirements") relating to data items FSA047 to FSA055 (inclusive) (the "new data items") made by the Supervision Manual (Integrated Regulatory Reporting of Liquidity for Banks, Building Societies and Investment Firms) Instrument 2009 (the "instrument") begin;

(b) the date on which the requirements relating to data items FSA010 and FSA013 end; and

(c) the date on which the changes in the requirements relating to data item FSA011 made by the instrument take effect.

(2)

The start date for reporting on a solo basis for a firm that as at 30 November 2009 or, as the case may be, 1 December 2009, or as the case may be, 30 November 2009 and 1 June 2010, falls into one of the classes covered by BIPRU TP 26.2 (Transitional rules for quantitative aspects of BIPRU 12 that apply to all firms to which BIPRU 12 applies) is the day immediately following the last day on which that transitional provision is in force as specified in column (5) of BIPRU TP 26.2.

(3)

The start date for reporting on a solo basis for other firms (other than a non-ILAS BIPRU firm) is 1 December 2009.

(4)

The reporting period for the first report on a solo basis for non-ILAS BIPRU firms ends on 31 December 2010.

(5)

Reporting on the basis of a defined liquidity group applies for all reporting periods beginning on or after 1 November 2010.

(6)

For a firm falling into paragraph (2), the following start dates apply to the following data items.

(a) The date for data items FSA047, FSA048 and FSA052 is 1 June 2010.

(b) The date for data items FSA050, FSA051, FSA053 and FSA054 is 1 November 2010.

(7)

For a firm falling into paragraph (3), the following start dates apply to the following data items.

(a) The date for data items FSA047 and FSA048 is 1 December 2009.

(b) The date for data item FSA052 is 1 June 2010.

(c) The date for data items FSA050, FSA051, FSA053 and FSA054 is 1 November 2010.

(8)

If the start date under paragraphs (6) or (7) (taking into account paragraph (9)) falls before the start date in paragraphs (2) or (3), the dates in paragraphs (2) or (3) apply. However if the start date in paragraphs (6) or (7) (taking into account paragraph (9)) fall after the dates in paragraphs (2) or (3), the start dates in paragraphs (6) or (7) apply.

(9)

If the start date for a new data item occurs part of the way through what would have been a reporting period for that data item under SUP 16.12 if the relevant part of SUP 16.12 had been in force, the first reporting period for that data item begins on the first day ("the first day") of what would have been that reporting period (as specified in SUP 16.12), even though the first day falls before the start date. The time for submission of the data item and the length of the reporting period are calculated as if the new requirements relating to that data item had been in force from the first day.

(10)

(a) The requirements relating to data items FSA010 and FSA013 are as follows.

(b) If a firm does not fall into RAG 1 as at 30 November 2009, it does not have to submit these data items.

(c) Otherwise, the last reporting period for the data item concerned ends on the first date when the start date for that firm in relation to both data item FSA047 and FSA048 has occurred. That last reporting period for data item FSA010 or FSA013 is shortened accordingly if necessary.

(d) Any notes in SUP 16.12 relating to those data items continue in force as long as required by (a) to (c).

(11)

The changes to data item FSA011 only take effect with respect reporting periods beginning on or after the commencement date for those changes as specified in the instrument (1 October 2010).

3512U

SUP 16.12.5 R to SUP 16.12.7 R; SUP 16.12.10 R to SUP 16.12.17 R; SUP 16.12.22 R to SUP 16.12.27 R

G

The effect of paragraph 12T is that a firm which becomes an ILAS BIPRU firm or non-ILAS BIPRU firm after 1 December 2009 and before the end of the transitional period which would otherwise have applied will be expected to comply with the requirements listed in column (2) from the date on which it becomes either an ILAS BIPRU firm or a non-ILAS BIPRU firm (as the case may be). However such a firm does have the benefit of the delayed start dates as specified in paragraphs (4), (5) and (7) of paragraph 12T.

3512V

SUP 16.12.5 R to SUP 16.12.7 R; SUP 16.12.10 R to SUP 16.12.17 R; SUP 16.12.22 R to SUP 16.12.27 R

G

An example of how paragraph 12T(6) and (9) work is as follows. Say that the start date for a firm under paragraph 12T(2) is 1 June 2010. If the firm reports data item FSA047 weekly, the first reporting period for that data item starts on Saturday 29 May 2010 and ends on Friday 4 June 2010. It has to be submitted to the FSA by 2200 on Monday 7 June.

3512W

SUP 16.12.5 R to SUP 16.12.7 R

R

If BIPRU TP 30.4 R (Liquidity floor for certain banks) applies to a firm the regulatory intervention point mentioned in that rule is added to the list in paragraph (a) of the definition of firm-specific liquidity stress in the case of that firm for as long as BIPRU TP 30.4 R applies to it.

For as long as BIPRU TP 30.4 R applies to the firm

At the end of period set out in column (5)

3812X

SUP 16.12.5 R to SUP 16.12.7 R

R

(1)

This rule deals with the effect of the abolition of data item FSA044 by the Liquidity Standards (Miscellaneous Amendments) Instrument 2010 and of changes to the definition of DLG by default made by that instrument.

See column 4

See column 4

(2)

The abolition of that data item does not have effect in relation to a firm's reporting period for that data item that has begun but not ended as at 1 January 2011.

(3)

The changes to the definition of DLG by default do not have effect in relation to the reporting period of a firm that has begun but not ended as at 1 November 2010.

13

SUP 16.8

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

Commencement

2213A

(1)

SUP 3.1.2 R

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

SUP 16.8

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

Commencement

14A9

SUP 16.11.7 R9

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:

Accounting reference date11

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

Rules in SUP 20

R

Expired16

16
16 16

15B

Transitional ruleSUP 1615A

G

Expired16

16 16

3215C

The Supervision manual (SUP)

A regulated sale and rent back firm need not comply with the rules in this sourcebook to the extent that they carry on regulated sale and rent back activity, provided that within a period of 3 months after submitting an application for interim authorisation in accordance with article 32 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order (SI 2009/1342), and every 6 months after such date until 30 June 2010, they provide to the FSA for the relevant period the following information:

(a) management accounts for the firm, including a balance sheet, profit/loss statement and management report;

(b) details of the firm’s funding arrangements; and

(c) where the firm is a SRB agreement provider, the number of regulated sale and rent back agreements it has entered into in that period, distinguishing between direct sales (both advised and non-advised) and indirect sales (advised and non-advised).

1 July 2009 to 30 June 2010

1 July 2009

3715D

SUP 16

R

A regulated sale and rent back firm need not comply with the rules in SUP 16 to the extent that they carry on regulated sale and rent back activity. A regulated sale and rent back firm must instead:

(a) within a period of 3 months from becoming authorised (for previously unauthorised persons); or

(b) according to their existing reporting schedules (for firms that previously held an interim authorisation or interim variation of permission in accordance with article 32 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order (SI 2009/1342) or hold a Part IV permission to carry on regulated sale and rent back activity as a result of having made a variation of permission application that has been approved by the FSA);

and every 6 months after such date until 30 June 2011 (unless otherwise advised by the FSA), provide to the FSA for the relevant period the following information:

(i) management accounts for the firm, including a balance sheet, profit/loss statement and management report;

(ii) details of the firm's funding arrangements; and

(iii) where the firm is a SRB agreement provider, the number of regulated sale and rent back agreements it has entered into in that period, distinguishing between direct and indirect sales.

If a firm does not submit a complete report by the date on which it is due in accordance with this transitional provision, the firm must pay an administrative fee of £250.

30 June 2010 to 29 June 2011

30 June 2010

16

Paragraphs 1 to 15

R

Definitions

From commencement

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

SUP 20.4.4 R (4)10

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

SUP

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

9Note 1 = The return need not provide data for sections A, B, C, D, E of the RMAR.

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 any EU law36 obligation of the United Kingdom, in particular with the proper implementation of a directive.

36

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

Commencement

(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 EU law obligation of theUnited Kingdom.36

36

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

firm

(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

Commencement

4

Rules in: IPRU,SUP 16.6 and SUP 16.716

16161616

R

Definitions

from commencement until revoked.

161616

Commencement

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)

was evidenced in writing.1287654321

SUP TP 1.5

311

R

(1)

A firm may, in the written contract with its introducer appointed representative, extend the scope of appointment to include:

(a)

receiving and forwarding to an insurer or insurance intermediary an application by a customer for a connected travel insurance contract together with any associated documentation; and

(b)

receiving client money from a customer in respect of a connected travel insurance contract, and holding that client money.

(2)

The extension of the scope of the appointment must apply only where the receipt of an application or of client money results from documentation given to a customer, where the deadline for submission of this documentation to the publishers for publishing was on or before 15 November 2008.

(3)

This rule applies until 31 December 2009.