Related provisions for SYSC 22.3.1

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SYSC 22.7.1RRP
(1) [deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.8A.1R]31
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 firm3 appointing someone to a position that requires a reference may have to get the employee’s help in identifying their previous employers.2
SYSC 22.7.4GRP
(1) SYSC 22.2.1R (Obligation of an SMCR firm2 to try to obtain a reference) applies even if the ex-employer is not a firm.(2) A firm3 should take all reasonable steps to try to obtain the reference in these circumstances. However, the FCA accepts that the previous employer may not be willing to give sufficient information.2
SYSC 22.7.5GRP
(1) SYSC 22.2.1R (Obligation to obtain references3) applies even if the employer has already got a reference for the employee. For example:2(a) a firm3 should have a reference whenever it renews the certificate of a certification employee; and2(b) changing jobs within the same firm3 may require a reference. 2(2) However, the firm3 does not necessarily need to obtain a new reference each time (a) or (b) above occurs. That is because an existing reference will very often still be
SYSC 22.7.7GRP
(1) If a3firm (A):2(a) appoints someone (P) to a certification function2 or an approved person position;(b) obtains a reference from an ex-employer (B); and(c) later wishes to: (i) appoint P to another certification function2 or approved person position; or(ii) keep P in the same certification function2 but make a change in P’s role of the type described in SYSC 27.2.15G (major changes in role), whether that change is made at a time when the certificate has not yet come up for
SYSC 22.7.8GRP
[deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.8A.3G]3
SYSC 22.7.9GRP
If a3firm is unable to obtain a reference by the time in column two of the table in SYSC 22.2.3R, it should still try to obtain the reference as soon as possible afterwards.2
SYSC 22.7.11GRP
(1) Although this chapter (see SYSC 22.2.3R) only requires a3firm to try to get a reference for a person it is recruiting to perform an FCA controlled function or a PRA controlled function towards the end of the application process, the FCA would normally expect a firm to have obtained the reference before the application for approval is made. 2(2) The main examples of circumstances in which it would be reasonable for a firm to delay getting a reference are where asking for a
SYSC 22.4.1GRP
1SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms2 and disclosure requirements) has two purposes:(1) to set out what information a firm3 should disclose under SYSC 22.2.2R(4); and2(2) to provide a template that a firm3 should use when giving a reference under this chapter.2
SYSC 22.4.2RRP
(1) A firm3 must use the template in Part One of SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms2 and disclosure requirements) when giving a reference under this chapter to another firm (A). 2(2) A firm may make minor changes to the format of the template in Part One of SYSC 22 Annex 1R when giving a reference under this chapter, provided that the reference includes all the information required by SYSC 22 Annex 1R. (3) This rule applies even if A is not
SYSC 22.4.3GRP
(1) [deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.4.6G(1)]32(2) [deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.4.6G(2)]32(3) [deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.4.6G(3)]3
SYSC 22.4.4GRP
A firm3 should use the template in SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms2 and disclosure requirements) even if the firm asking for the reference does not specifically ask it to.2
APER 1.1A.1RRP
1APER applies to FCA-approved persons who are either3:(1) approved persons of firms that are not SMCR firms; or3(2) approved persons approved to perform a controlled function in SUP 10A.1.15R to SUP 10A.1.16BR (appointed representatives3).
APER 1.1A.1AGRP
(1) 1APER does not apply to FCA-approved persons of SMCR firms3. COCON applies instead. 3222(2) However, APER applies to approved persons approved to perform a controlled function under SUP 10A.1.15R to SUP 10A.1.16BR (appointed representatives3) even if the appointed representative'sprincipal is an SMCR firm3.
APER 1.1A.7GRP

Table: Examples of what activities APER3 covers

FCA approved

Coverage of APER3

(1) Yes, in relation to firm A

Applies to the FCA controlled function. Also applies to any other function performed for firm A in relation to the carrying on by firm A of a regulated activity even if it is not a controlled function.3

(2) Yes, in relation to firm A. No, in relation to firm B,

In relation to firm A, the answer is the same as for scenario (1). However, APER does not apply to any function that the approved person carries on in relation to firm B even if that function relates to regulated activities carried out by firm B. However, if the function that they perform3 in relation to firm B is a controlled function the approved person and firm B may be subject to legal sanctions (see SUP 10A.13.1G to SUP 10A.13.2G).3
APER 1.1A.8GRP
(1) A person may be an approved person in relation to more than one firm. When that is the case, APER applies in relation to all those firms.1(2) APER does not apply if the firm is an SMCR firm3, except for approved persons of an appointed representative of an SMCR firm3.12(3) If a person is an approved person of a firm (A) that is not an SMCR firm3and also of another firm (B) that is an SMCR firm3, the result is: 122(a) APER applies to the approved person in relation to firm
SYSC 22.2.1RRP
(1) If a3firm (A) is considering:12(a) permitting or appointing someone (P) to perform a controlled function; 3(b) issuing a certificate under the certification regime for P; or3(ba) 3appointing a board director;(as explained in more detail in rows (A) and (B) of the table in SYSC 22.2.3R), A must take reasonable steps to obtain appropriate references from: (c) P’s current employer; and(d) anyone who has been P’s employer in the past six years.(2) A must take reasonable steps
SYSC 22.2.2RRP
(1) A firm (B) must provide a reference to another firm (A) as soon as reasonably practicable if:(a) A is considering:(i) permitting or appointing someone (P) to perform a controlled function; or(ii) issuing a certificate under the certification regime for P; or(iii) appointing P to another position in the table in SYSC 22.2.3R; (as explained in more detail in the table in SYSC 22.2.3R);(b) A makes a request, for a reference or other information in respect of P from B, in B’s
SYSC 22.2.4RRP
If at any time:(1) a firm3 (B) has given a reference under SYSC 22.2.2R to another firm (A) about an employee or ex-employee of B (P);2(2) B was also an SMCR firm2 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 following applies:(i) B has since giving the reference
SYSC 22.2.7RRP
If at any time:(1) a firm3 (B) has given a reference under SYSC 22.2.2R to another firm (A) about an employee or ex-employee of B (P);2(2) B asks A whether P is still an employee of A; and(3) B gave A the reference no more than six years ago;A must answer that question as soon as reasonably practicable, even if B does not tell A why it wants to know that information.
COCON 1.1.2RRP

Table: To whom does COCON apply? 9

    9Persons to whom COCON applies

    Comments9

    (1) An SMF manager.9

    (2) An employee (“P”) of an SMCR firm12 who:9

    (a) performs the function of an SMF manager;9

    (b) is not an approved person to perform the function in question; and9

    (c) is required to be an approved person at the time P performs that function.9

    (3) An employee of an SMCR firm12 who would be performing an FCA-designated senior management function12 but for SUP 10C.3.13R (The 12-week rule). 9

    (4) A certification employee of an SMCR firm12.9

    This applies even if the certification employee has not been notified that COCON applies to them or notified of the rules that apply to them.9

    (5) An employee of an SMCR firm who would be performing an FCA certification function but for SYSC 27.5.1R (Emergency appointments) or SYSC 27.5.3R (Temporary12 UK role). 9

    12

    (6) Any employee of an SMCR firm12 not coming within another row of this table, except one listed in column (2) of this row (6) of this table12. 9

    (A)12 This row (6)12 does not apply to an employee of an SMCR firm12 who only performs functions falling within the scope of the following roles:9

    (a) receptionists;

    (b) switchboard operators;

    (c) post room staff;

    (d) reprographics/print room staff;

    (e) property/facilities management;

    (f) events management;

    (g) security guards;

    (h) invoice processing;

    (i) audio visual technicians;

    (j) vending machine staff;

    (k) medical staff;

    (l) archive records management;

    (m) drivers;

    (n) corporate social responsibility staff;

    (o) taking part in following activities of the firm:14

    14 (i) the firm’s activities as a data controller; or

    14(ii) the firm’s activities of data processing;

    as defined in the data protection legislation, but subject to Note (1) of this table14;data protection legislation;10

    (p) cleaners;

    (q) catering staff;

    (r) personal assistant or secretary;

    (s) information technology support (ie, helpdesk); and

    (t) human resources administrators /processors.

    1214(C) This row (6) also does not apply to an employee of an SMCR firm that is an FCA-authorised person until 31 March 202117.

    12

    (7) [deleted]12

    9

    12

    9

    (8) A board director of: a UK SMCR firm.12

    9999

    12

    9

    12

    9

    14Note (1): A function is only within paragraph (o) of column (2) (Comments) of row (6) of this table if the function does not require the employee concerned to exercise a significant amount of discretion or judgment.
COCON 1.1.8GRP
(1) More than one of12COCON 1.1.6R to12COCON 1.1.7AR12 may apply to the same individual performing several roles.(2) For example, say that an individual (A) is an approved person for firm X and is employed by firm Y in a role that does not involve a controlled function or being a director.1242(3) COCON 1.1.6R applies to A’s role with firm X and COCON 1.1.7R applies to A’s role with firm Y.
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 the SMCR firm; or12(b) 6involves dealing with a client of the firm in the United Kingdom from an establishment overseas.5(3) 6Paragraph (2)(b) only applies to a
SYSC 22.8.4RRP
When SYSC 22.8.3R applies to an SMCR firm2, the requirements of this chapter for firms that are not SMCR firms2 apply in place of the requirements that only apply to SMCR firms. In particular, the following requirements do not apply in relation to an appointed representative:32(1) SYSC 22.2.1R (Obligation to obtain references); (2) SYSC 22.2.2R(4) (Obligation to give references); (3) SYSC 22.2.4R to SYSC 22.2.6R (Obligation to revise references); (4) SYSC 22.4.2R (How to draft
SYSC 22.8.7GRP
[deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.8A.4G]3
SYSC 22.8.9GRP
[deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.8A.6G]3
SYSC 22.3.2GRP
[deleted]32
SYSC 22.9.1RRP
(1) A3firm must arrange for orderly records to be created and kept that are sufficient to enable it to comply with the requirements of this chapter.12(2) This rule only applies to records in relation to the following questions in Part One of SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms2 and disclosure requirements): (a) question (E) (fit and proper); and (b) question (F) (disciplinary action).
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) A3firm does not breach the requirements of this chapter by failing to include something in a reference or by failing to have records2 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.2(3) (1) also applies to records
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 SMCR firms2 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). (2) If the firm decides
SYSC 22.6.4GRP
(1) SYSC 22.2.2R(1) to (3) may require a firm3 to disclose information that goes beyond the mandatory minimum information in Part One of SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms2 and disclosure requirements).2(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 time limits in Part One of SYSC 22 Annex 1
SYSC 22.5.12GRP
(1) [deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.8.10G(2)]3(2) [deleted] [Editor’s note: The text of this provision has been moved to SYSC 22.8.10G(1)]32
SYSC 1.1A.2GRP
21The provisions in SYSC should be read in conjunction with GEN 2.2.23 R to GEN 2.2.25 G. In particular:(1) [deleted]9(2) Provisions made by the FCA, and by the9PRA in the PRA Rulebook,9 may be applied by both regulators to PRA-authorised persons. Such provisions are applied by each regulator to the extent of its powers and regulatory responsibilities.95(3) 5For Solvency II firms, the FCA considers that the requirements and guidance14 in Chapters 2, 3, 12 to 18,11 19F.2,14 21,