SYSC 1.1 Application of SYSC 2 and SYSC 3

SYSC 2 and SYSC 3 apply to every firm except that:1

1. (1)

   for an incoming EEA firm or an incoming Treaty firm:

   1. (a)

      SYSC 2.1.1 R and SYSC 2.1.2 G do not apply;

   2. (b)

      SYSC 2.1.3 R to SYSC 2.2.3 G apply, but only in relation to allocation of the function in SYSC 2.1.3 R (2) and only in so far as responsibility for the matter in question is not reserved by a European Community instrument to the firm's Home State regulator; and

   3. (c)

      SYSC 3 applies, but only in so far as responsibility for the matter in question is not reserved by a European Community instrument to the firm's Home State regulator;

2. (2)

   for an incoming EEA firm which has permission only for cross border services and which does not carry on regulated activities in the United Kingdom, SYSC 2 and SYSC 3 do not apply;1

3. (3)

   SYSC 2 does not apply to a sole trader as long as he does not employ any person who is required to be approved under section 59 of the Act (Approval for particular arrangements); and

4. (4)

   for a UCITS qualifier:

   1. (a)

      SYSC 2.1.1 R and SYSC 2.1.2 G do not apply;

   2. (b)

      SYSC 2.1.3 R to SYSC 2.2.3 G apply, but only in relation to allocation of the function in SYSC 2.1.3 R (2) and only with respect to the activities in SYSC 1.1.4 R;

   3. (c)

      SYSC 3 applies, but only with respect to the activities in SYSC 1.1.4 R.;

SYSC 2 and SYSC 3 apply with respect to the carrying on of:1

1. (1)

   regulated activities;

2. (2)

   activities that constitute dealing in investments as principal, disregarding the exclusion in article 15 of the Regulated Activities Order (Absence of holding out etc); and

3. (3)

   ancillary activities in relation to designated investment business, home finance activity and insurance mediation activity.;4

except that SYSC 3.2.6A R to SYSC 3.2.6J G do not apply as described in SYSC 1.1.3A R.

SYSC 2 and SYSC 3 also apply with respect to the communication and approval of financial promotions which:1

1. (1)

   if communicated by an unauthorised person without approval would contravene section 21(1) of the Act (Restrictions on financial promotion); and

2. (2)

   may be communicated by a firm without contravening section 238(1) of the Act (Restrictions on promotion of collective investment schemes).

SYSC 2 and SYSC 3 also:

1. (1)

   apply with respect to the carrying on of unregulated activities in a prudential context; and

2. (2)

   take into account any activity of other members of a group of which the firm is a member.3

SYSC 2 and SYSC 3 apply with respect to activities carried on from an establishment maintained by the firm (or its appointed representative) in the United Kingdom unless another applicable rule which is relevant to the activity has a wider territorial scope, in which case SYSC 2 and SYSC 3 apply with that wider scope in relation to the activity described in that rule.1

SYSC 2 and SYSC 3 also apply in a prudential context to a UK domestic firm with respect to activities wherever they are carried on.1

SYSC 3 also applies in a prudential context to an overseas firm (other than an incoming EEA firm, incoming Treaty firm or UCITS qualifier) with respect to activities wherever they are carried on.

A contravention of the rules in SYSC 2 and SYSC 3 does not give rise to a right of action by a private person under section 150 of the Act (and each of those rules is specified under section 150(2) of the Act as a provision giving rise to no such right of action).1