SYSC 27.4 General material about the scope of the certification regime

1. (1)

   1The certification regime only applies to an employee.

2. (2)

   This definition includes a person who:

   1. (a)

      personally provides, or is under an obligation personally to provide, services to the firm in question under an arrangement made between the firm and the person providing the services or another person; and

   2. (b)

      is subject to (or to the right of) supervision, direction or control by the firm as to the manner in which those services are provided.

1. (1)

   1A person who works for an appointed representative of a firm may fall into the certification regime. In practice, however, they may not meet the conditions for the certification regime to apply.

2. (2)

   One condition for the certification regime to apply to a person is that the person performs a certification function under an arrangement entered into by the firm (see SYSC 27.2.3G). However, unlike the equivalent parts of the Act for the approved persons regime, the Act does not say that the certification regime applies if the function is performed under an arrangement entered into by the employee with a contractor of the firm instead of the firm.

3. (3)

   The certification regime only applies if the person concerned is an employee. This is defined in SYSC 27.4.1G. In many cases, a person working for an appointed representative will not fall into this definition as they may not:

   1. (a)

      provide services to the firm; or

   2. (b)

      be subject to (or to the right of) supervision, direction or control by the firm.

4. (4)

   If none of these limitations on the scope of the certification regime apply, a person working for an appointed representative will be subject to the certification regime, as long as the other conditions in this chapter are met.

1A function does not cease to be an FCA certification function if that function is also a PRA certification function.