SYSC 27.5 Exclusions for emergency and temporary appointments

1If:

1. (a)

   a firm appoints an individual to perform a function which, but for this rule, would be an FCA certification function;

2. (b)

   the appointment is to provide cover for a certification employee whose absence is reasonably unforeseen; and

3. (c)

   the appointment is for less than four weeks;

then the performance by that individual of such function does not constitute an FCA certification function.

This rule does not apply to FCA certification function (4) (functions requiring qualifications).

None of the FCA certification functions extend to an individual (“P”) in relation to a firm if:

1. (a)

   P is based outside the United Kingdom for the firm; and

2. (b)

   in a 12-month period, P spends no more than 30 days performing what would otherwise be an FCA certification function for that firm within the territorial scope of this chapter as described in SYSC 27.3.1R.

Paragraph (1) only applies to the extent that P is appropriately supervised by:

1. (a)

   one of the firm’s SMF managers; or

2. (b)

   one of the firm’s certification employees whose certificate covers the FCA certification function that is to be disapplied under (1).

This rule does not apply to any FCA certification function to the extent that it involves:

1. (a)

   giving advice or performing related activities in connection with pension transfers, pension conversions or pension opt-outs for retail clients; or

2. (b)

   giving advice to a person to become, or continue or cease to be, a member of a particular Lloyd’s syndicate.

In the case of a UK SMCR firm, this rule does not apply to FCA certification function (6) (material risk takers).