Related provisions for BIPRU 9.6.8
Table: What positions need a reference
Position |
When to obtain reference |
Comments |
(A) Permitting or appointing someone to perform an FCA controlled function or a PRA controlled function. |
One month before the end of the application period Where a request for a reference would require: (a) the firm requesting the reference; (b) the employer giving the reference; or (c) any other person; to make a mandatory disclosure prior to P disclosing to its current employer that such application has been made, the date is the end of the application period. |
|
(B) Issuing a certificate under section 63F of the Act (Certification of employees by2 authorised persons). |
Before the certificate is issued |
This includes renewing an existing certificate. |
(C) Appointing someone to any of the following positions (as defined in the PRA Rulebook): (a) a notified non-executive director; (b) a credit union non-executive director; or (c) a key function holder. |
Not applicable |
SYSC 22.2.1R (obligation to obtain a reference) does not apply to a firm appointing someone to the position in column (1). However SYSC 22.2.2R does apply to a firm asked to give a reference to a firm appointing someone to the position in column (1). |
3(D) A firm appointing someone to be a non-SMF board director subject to competence requirements of itself. |
Before appointment |
Only applies where the appointment is by a UK SMCR firm that is: (a) a core SMCR firm; or (b) an enhanced scope SMCR firm. |
Note 1: Mandatory disclosure means an obligation in any applicable laws, regulations or rules to declare or disclose information to the public. |
||
Note 2: P refers to the employee or ex-employee about whom the reference is given as defined in more detail in SYSC 22.2.1R and SYSC 22.2.2R. |
||
Note 3: The application period means the period for consideration referred to in section 61 of the Act (Determination of application). |