Related provisions for SYSC 22.2.7

1 - 8 of 8 items.

Search Term(s)

Filter by Topics

Filter by Modules

Filter by Documents

Filter by Keywords

Effective Period

Similar To

To access the FCA Handbook Archive choose a date between 1 January 2001 and 31 December 2004 (From field only).

SYSC 22.7.3GRP
The Glossary definition of employer covers more than just a conventional employer and so it may not always be obvious who a person’semployer is. Therefore a full scope regulatory reference firm appointing someone to a position that requires a reference may have to get the employee’s help in identifying their previous employers.
SYSC 22.7.5GRP
(1) SYSC 22.2.1R (Obligation of a full scope regulatory reference firm to try to obtain a reference) applies even if the employer has already got a reference for the employee. For example:(a) a relevant authorised person should have a reference whenever it renews the certificate of a certification employee; and(b) changing jobs within the same full scope regulatory reference firm may require a reference. (2) However, the full scope regulatory reference firm does not necessarily
COCON 1.1.2RRP
  1. (1)

    COCON applies to:

    1. (a)

      an SMF manager;

    2. (b)

      an employee (“P”) of a relevant authorised person who:

      1. (i)

        performs the function of an SMF manager;

      2. (ii)

        is not an approved person to perform the function in question; and

      3. (iii)

        is required to be an approved person at the time P performs that function; and

    3. (c)

      an employee of a relevant authorised person who would be an SMF manager but for SUP 10C.3.13R (The 12-week rule);

    4. (d)

      a certification employee employed by a relevant authorised person, even if the certification employee has not been notified that COCON applies to them or notified of the rules that apply to them;

      121
    5. (e)

      an employee of a relevant authorised person who would be a certification employee but for SYSC 5.2.27R(1) (Scope: emergency appointments) or SYSC 5.2.28AR (Scope: temporary UK role)6;

      112
    6. (f)

      any other employee of a relevant authorised person, except: 12

      2
      1. (i)

        a non-executive director other than a senior conduct rules staff member; and12

      2. (ii)

        an employee whose role is listed under COCON 1.1.2R(2); and2

        1
    7. (g)

      an FCA-approved person or PRA-approved person approved to perform a controlled function in a Solvency II firm (including a large non-directive insurer) or a small non-directive insurer4.2

  2. (2)

    For Swiss general insurers, references in this sourcebook to parts of the PRA Rulebook for ‘Solvency II firms’ are to be read as references to the corresponding parts of the PRA Rulebook applying to large non directive insurers.7COCON does not apply to an employee of a relevant authorised person who only performs functions falling within the scope of the following roles:1

    1. (a)

      receptionists;1

    2. (b)

      switchboard operators;1

    3. (c)

      post room staff;1

    4. (d)

      reprographics/print room staff;1

    5. (e)

      property/facilities management;1

    6. (f)

      events management;1

    7. (g)

      security guards;1

    8. (h)

      invoice processing;1

    9. (i)

      audio visual technicians;1

    10. (j)

      vending machine staff;1

    11. (k)

      medical staff;1

    12. (l)

      archive records management;1

    13. (m)

      drivers;1

    14. (n)

      corporate social responsibility staff;1

    15. (o)

      data controllers or processors under the Data Protection Act 1998;1

    16. (p)

      cleaners;1

    17. (q)

      catering staff;1

    18. (r)

      personal assistant or secretary;1

    19. (s)

      information technology support (ie, helpdesk); and1

    20. (t)

      human resources administrators /processors.1

  3. (3)

    COCON does not apply to approved persons approved to perform a controlled function in SUP 10A.1.15R to SUP 10A.1.16BR (appointed representatives).2

COCON 1.1.10RRP
(1) This rule applies to members of a firm’sconduct rules staff apart from conduct rules staff in COCON 1.1.9R. 6522(2) Subject to (3), COCON only applies to the conduct of persons to whom this rule applies (as set out in (1)) if that conduct:6(a) 6is performed from an establishment maintained in the United Kingdom by:(i) (for a relevant authorised person) that person’semployer; or(ii) (for a Solvency II firm or a small non-directive insurer8) the firm in relation to whom that
SYSC 22.8.7GRP
If:(1) a firm (A) is thinking of employing someone (P);(2) P is employed by a group services company (D) that is not a firm; (3) P (in their capacity as an employee of D) performs a function or service for a firm (B) in the same group as D such that P is also an employee of B; and(4) A intends to appoint (P) to a position that entitles A to obtain a reference from B;then: (5) (if A is a full scope regulatory reference firm) A should ask both B and D for a reference;(6) B is obliged
SYSC 22.8.9GRP
If:(1) a firm (A) is thinking of appointing someone (P) to a position that entitles A to obtain a reference from another firm (B); and (2) P was an employee of other members of B’s group as well as of B;then:(3) (if A is a full scope regulatory reference firm) A should ask all the group members that employed P for a reference; (4) B should give a reference if A asks it to (whether or not A is a full scope regulatory reference firm); (5) P’s employers in that group (including any
SYSC 22.2.4RRP
If at any time:(1) a full scope regulatory reference firm (B) has given a reference under SYSC 22.2.2R to another firm (A) about an employee or ex-employee of B (P);(2) B was also a full scope regulatory reference firm when it gave the reference in (1);(3) either of the following applies:(a) B is aware of matters or circumstances that mean that if B had been aware of them when giving that reference, this chapter would have required B to draft the reference differently; or(b) the
SYSC 22.6.3GRP
(1) If a firm has taken disciplinary action of the type referred to in question (F) in Part One of SYSC 22 Annex 1R (Template for regulatory references given by relevant authorised persons and disclosure requirements) against an employee and is asked to give a reference about that employee, the firm should (if it has not already done so) consider whether the basis on which it took that action amounts to a breach of any individual conduct requirements covered by question (F).
SYSC 22.6.4GRP
(1) SYSC 22.2.2R(1) to (3) may require a full scope regulatory reference firm to disclose information that goes beyond the mandatory minimum information in Part One of SYSC 22 Annex 1R (Template for regulatory references given by relevant authorised persons and disclosure requirements).(2) This may mean, for instance, that a firm should in some cases disclose a conclusion that an employee or former employee has breached COCON or APER where that conclusion was reached outside the
SYSC 22.9.5GRP
(1) SYSC 22.9.1R applies to keeping records created before the date this chapter came into force as well as ones created afterwards.(2) A full scope regulatory reference firm does not breach the requirements of this chapter by failing to include something in a reference because it destroyed the relevant records before the date this chapter came into force in accordance with the record keeping requirements applicable to it at the time of destruction.
SYSC 22.5.12GRP
(1) An example of information that may be relevant under SYSC 22.2.2R(1) to (3) is the fact that the employee has breached a requirement in APER.(2) This means that any firm (not just one that is a full scope regulatory reference firm) should consider whether it needs to disclose a breach of APER when giving a reference under this chapter.