SUP TP 1 Transitional provisions

Definitions for these transitional provisions, additional to those in the Glossary, are provided at paragraph 16 of the table.

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

3

SUP 3.9.4 R

R

Expired16

3A

SUP 3.10

R

Expired16

573AA

SUP 3.10.6R

R

(1) This transitional provision applies where an auditor would have been required to produce a report under SUP 3.10.4R for a CASS 7 loan-based crowdfunding firm as a result of CONC 12.1.4R were it not for the firm obtaining Part 4A permission.

(2) The period covered by the first report under SUP 3.10.4R produced after 21 August 2017 must end not more than 53 weeks after either:

(a) the period covered by the previous report on such matters;

(b) the date the firm’s application for Part 4A permission to operate an electronic system in relation to lending is granted; or

(c) the date the firm becomes subject to SUP 3.11 and its auditor becomes subject to SUP 3.10.

Indefinitely

21 August 2017

573AB

SUP 3.10.6R

R

(1) This transitional provision applies where an auditor is required to produce a report under SUP 3.10.4R for a CASS 7 loan-based crowdfunding firm that has not had an interim permission.

(2) The period covered by the first report required under SUP 3.10.4R must end not more than 53 weeks after either:

(a) the period covered by the previous report on such matters provided that period did not end more than 53 weeks before 21 August 2017;

(b) the date the firm’s application for Part 4A permission to operate an electronic system in relation to lending is granted; or

(c) the date the firm becomes subject to SUP 3.11 and its auditor becomes subject to SUP 3.10.

Indefinitely

21 August 2017

3B

SUP 3.10.6 R, SUP 3.10.7 R

G

Expired16

3C

SUP 3.10

R

Expired16

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

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

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

4D13

[deleted]14

4E13

[deleted]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.

From commencement

Commencement

6

SUP 8.6.1 G

R

Expired16

6A[FCA]

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 FCA71 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 FCA71.

(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

288A

SUP 10.4.1 R

R

Deleted51

288B

G

Deleted51

288C

G

Deleted51

288D

SUP 10.13.6 R (Ceasing to perform a controlled function) and SUP 10.13.3 D (Moving within a firm)

R

Deleted51

338E

SUP 10.6.4 R (2)

R

Expired51

338F

SUP 10.6.8 R (1)(b)

R

Expired51

338G

SUP 10.9.1 R (2)

R

Expired51

348H

SUP 10.1.7 R (1)

R

Expired51

348I

SUP 10.1.7 R (2)

R

Expired51

348J

SUP 10.1.7 R (5)

R

Expired51

408K

SUP 10.1.13 R to SUP 10.1.14 R

R

Expired51

408L

G

Expired51

458M[FCA]

SUP 10A.14.24 R71

R

This rule applies to complaints upheld on or after 31 December 2012.

From 31/12/2012

31/12/2012

9

SUP 12.5.5 R

SUP 12.5.7 R

R

Expired16

9A

SUP 15.8.4 G

R

Expired51

569AA

SUP 13

R

(1)

Where a person wishes to obtain a passport for an investment service or financial instrument to which MiFID II will apply, but to which MiFID does not apply, all changes made to SUP 13 by [FCA Handbook Instrument] on 4 December 2017, and any related definitions set out in Part 2 of the Glossary (MiFID 2) Instrument 2017, instead take effect from 31 July 2017.

From 31 July 2017 until 3 December 2017

31 July 2017

(2)

For the purposes of this transitional provision, SUP 13.5.3R(1) and SUP 13.8.1R(1) do not apply. A person submitting a notice to which SUP 13.5.3R(1) or SUP 13.8.1R(1) would otherwise apply must do so by email to MiFID.passport@fca.org.uk .

(3)

This transitional provision also applies where a person to whom MiFID does not apply, but to whom MiFID II will apply, wishes to obtain a passport that takes effect from the application date of MiFID II.

569AB

SUP 13

G

(1)

SUP TP 1.2 9AAR is intended to allow a person to apply for a passport for an investment service or financial instrument introduced by MiFID II, prior 4 December 2018. It also allows other persons such as those who will cease to be exempt under MiFID II, to apply for a passport prior to 4 December 2018.

From 31 July 2017 until 3 December 2017

31 July 2017

(2)

A person who wishes to obtain a passport for an investment service or financial instrument to which MiFID applies, as well as for an investment service or financial instrument to which MiFID does not apply but to which MiFID II will apply, should submit two separate notifications during the transitional period.

(3)

This transitional provision ceases to be effective on 4 December 2017, at which point the amendments made to SUP 13 in this instrument take effect. From 4 December, all persons should submit passporting notifications in accordance with SUP 13, as amended by this instrument.

569AC

SUP 13

R

Where the person wishing to obtain a passport is not subject to MiFID, but will be subject to MiFID II, SUP 13.5.3R(1) and SUP 13.8.1R(1) do not apply. Such a person must submit the relevant notice by email to MiFID.passport@fca.org.uk .

From 4 December 2017 until 2 January 2018

31 July 2017

9B12

SUP 12.512

R12

Expired51

10

SUP 16.4.5 R

SUP 16.5.5 G

R

Expired16

10A9

SUP 16.4

SUP 16.59

R9

Expired51

11

SUP 16.6

SUP 16.7

SUP 16.8

R

Expired16

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

12A

[deleted]

12B9

SUP 16.7.54 R;9

SUP 16.7.76 R9

SUP 16.7.79 R9

SUP 16.7.80 R9

R9

Deleted51

12C9

R 9

Deleted51

12D9

R9

Deleted51

12E9

R9

Deleted51

12F9

SUP 16.7.77 R9

R9

Expired51

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

Expired51

12H15

R

Expired51

1712I

SUP 16.7.54 R

R

Expired51

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

Expired51

18(2)

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

R

Expired51

18(3)

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

R

Expired51

18(4)

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

R

Expired51

18(5)

SUP 16.7.16 R and SUP 16.7.17 R

R

Deleted51

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

Expired51

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

Expired51

21(2)

SUP 16.7.9 R24, SUP 16.7.10 R24

R

Expired51

21(3)

SUP 16.12.11 R24, SUP 16.7.12 R24

R

Expired51

21(4)

SUP 16.7.62RSUP 16.12.5 R24, SUP 16.7.63R24

R

Expired5151

(5) [deleted]46

21(6)

SUP 16.7.82R24, SUP 16.7.83R24

R

Expired51

(7)[deleted]46

2112M[FCA][PRA]

(1)[deleted]71

21(2)[deleted]71

21(3)[deleted]71

21(4)[deleted]71

21(5)[deleted]71

21(6)[deleted]71

21(7)[deleted]71

21(8)[deleted]71

22(9)[deleted]71

22(10)[deleted]71

24

(11)[deleted]71

24

(12)[deleted]71

24

(13)[deleted]71

24

(14)[deleted]71

24

(15)[deleted]71

24

(16)[deleted]71

24

(17)[deleted]71

(18)[deleted]46[deleted]71

24

(19)

24

(20)[deleted]71

45(20A) SUP 16.12.22A R

R

Expired51

29(21)[deleted]71

2212N

(1)

SUP 16.7.36 R

R

Expired51

2212O

(1)

[deleted]24

22(2)

SUP 16.7.24 R, SUP 16.7.25 R, SUP 16.7.27 R

R

Expired51

22(3)

SUP 16.7.35 R, SUP 16.7.36 R

R

Expired51

22(4)

SUP 16.7.67 R, SUP 16.7.68 R

R

Expired51

22(5)

SUP 16.12.11R, SUP 16.12.12R24

R

Expired51

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

Expired51

2212Q

(1)

SUP 16.12.11R24

R

Expired51

22(2)

SUP 16.12.14R24

R

Expired51

22(3)

SUP 16.12.19R24

R

Expired51

22(4)

SUP 16.12.25R24

R

Expired51

22(5)

SUP 16.12.11R24, SUP 16.12.14R30, SUP 16.12.19R24, SUP 16.12.25R24

R

Expired51

2212R

(1)

24

[deleted]24

24

24

22(2)

SUP 16.12.11R24

R

Expired51

2212S

(1)

SUP 16.12.15, SUP 16.12.16, SUP 16.12.17

R

Expired51

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

Deleted51

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

Deleted51

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

Deleted51

3512W

[PRA]

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 2010.50

5012Y

[FCA]

SUP 16.12.15 R

R

Expired51

5012Z

[FCA]

SUP 16.12.15 R but only in so far as it relates to annual report and accounts, FSA029 (Balance sheet), FSA030 (Income statement) and FIN069 (Capital adequacy)

R

The rule listed in column (2) does not apply to an operator of an electronic system in relation to lending who holds an interim permission.

Indefinitely

1 April 2014

13

SUP 16.8

R

Expired51

2213A

(1)

SUP 3.1.2 R

R

Expired51

3913B

[deleted]4243

14

SUP 16.8

R

Expired51

14A9

SUP 16.11.7 R9

R9

Expired51

14B

R

Deleted51

14C11

16.10.411

R11

Expired51

14D11

16.11.311

R11

Expired51

5314E

SUP 16.14.3R

R

Where, as a result of making the election under CASS 7.10.7AR(1), a firm exceeds the limit in the bottom row of the table in CASS 1A.2.7R (CASS small firm), SUP 16.14.3R (requirement to submit CMAR) does not apply to the firm.

From 21 March 2016 until 1 January 2017

21 March 2016

5314F

SUP 16.14.3R

G

CASS TP 14E means that a CASS small firm which becomes a CASS medium firm or a CASS large firm as a result of making the election under CASS 7.10.7AR(1) does not need to submit a CMAR until January 2017.

From 21 March 2016 until 1 January 2017

21 March 2016

15

[deleted]25

15A

Rules in SUP 20

R

Expired16

15B

Transitional ruleSUP 1615A

G

Expired16

3215C

The Supervision manual (SUP)

Expired51

3715D

SUP 16

R

Expired51

5515E

SUP 16.15.5AD

D

In respect of the reporting period for which the electronic money institution’s accounting reference date falls between 31 Dec 2016 and 30 Dec 2017 (inclusive) it must provide the data on a best endeavours basis.

From 31 December 2016 until 30 December 2017

31 December 2016

5515F

SUP 16.23.4R

R

In respect of the reporting period for which the firm’s accounting reference date falls between 31 Dec 2016 and 30 Dec 2017 (inclusive) it must provide the data on a best endeavours basis.

From 31 December 2016 until 30 December 2017

31 December 2016

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

Expired51

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

5418

SUP 16.12.3 R(2) and SUP 16.12.19AR

R

(1) This transitional provision applies to a firm that is required under SUP 16.12.19AR to submit data item FIN072 to the FCA.

(2) Until the FCA has made electronic means available for the submission of data item FIN072 available, a firm in (1) must submit data item FIN072 by electronic email to: regulatory.reports@fca.org.uk.

From 18 March 2016 until 18 March 2017

18 March 2016

Note 2 Deleted5111

Note 3 Deleted5111

41

Material to which the transitional provision applies

Transitional Provision

Transitional provision: dates in force

Handbook provision: coming into force

1

The rules and guidance in SUP 3.10

R

In relation to an auditor of a firm whose client assets report period ends on or before 29 September 2011, that auditor may comply with SUP 3.10 as it was in force on 31 May 2011.

From 1 June 2011

1 June 2011

2

The rules and guidance in SUP 3.11

R

In relation to a firm whose client assets report period ends on or before 29 September 2011, the rules and guidance to which column (2) refers do not apply.

From 1 June 2011

1 June 2011

49(1)

(2)

Material to which the transitional provision applies

(3)

(4)

Transitional provisions

(5)

Transitional provision: dates in force

(6)

Handbook provision coming into force

1

The changes to SUP 16.11 and SUP 16.12 set out in Annex I of the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014

R

The changes effected by the Annex listed in column (2) to SUP 16.11 and SUP 16.12 do not apply until 1 October 2014.

1 April 2014 to 1 October 2014

1 April 2014

2

The changes to SUP 16.12 set out in Annex I of the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014

G

The effect of (1) is that, for a firm with permission to carry on only a credit-related regulated activity, the reporting frequencies and submission deadlines for the data items in SUP 16.12.29C R are calculated from the firm's next accounting reference date that follows 1 October 2014. The first data items should cover the period from 1 October 2014 to the accounting reference date or the end of the first reporting period if the frequency is half-yearly.

1 April 2014 to 1 October 2014

1 April 2014

3

SUP 16.12

G

Firms are reminded that CONC 12.1.4 R further provides that (a) SUP 16 does not apply to a firm with only an interim permission; and (b) SUP 16.11 and SUP 16.12 apply to a firm with an interim permission that is treated as a variation of permission for credit-related regulated activity as if the changes effected by the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014 had not been made. So, if such a firm is granted permission to carry on (or is granted a variation to add to its permission) credit-related regulated activity (and an interim permission the firm was treated as having ceases to have effect) on a date after 1 October 2014, the reporting frequencies and submission deadlines for the data items in SUP 16.12.29C R are calculated by reference to the firm's accounting reference date that follows the date on which the notice of the grant of permission or the variation of permission under section 55V(5) of the Act takes effect. The first data items should cover the period from that date (not 1 October 2014) to the accounting reference date or the end of the first reporting period if the frequency is half-yearly.

1 April 2014 until interim permission ceases to have effect

1 April 2014

(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 16.11.5R (3). SUP 16.11.5A R and SUP 16 Annex 21, section 2 (c) (sales data report and performance data report for mortgages)

R

When reporting sales data and performance data on regulated mortgage contracts, a firm should not include sales data and performance data on second charge regulated mortgage contracts

21 March 2016 to 31 March 2017

21 March 2016