Related provisions for CONC 11.2.4

PERG 2.3.2G29/07/2022

There is power in the Act for the Treasury to change the meaning of the business element by including or excluding certain things. They have exercised this power (see the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 (SI 2001/1177), as amended from time to time)12. The result is that the business element differs depending on the activity in question. This in part reflects certain differences in the nature of the activities:35553(1)

SYSC 1.4.2R31/03/2023

A contravention of a rule in SYSC 11 to 2SYSC 14, SYSC 18 to10SYSC 21,7SYSC 22.8.1R, SYSC 22.9.1R or SYSC 23 to 9SYSC 28A12 does not give rise to a right of action by a private person under section 138D of the Act (and each of those rules is specified under section 138D(3) of the Act as a provision giving rise to no such right of action). 344378

CONC 1.2.4G04/08/2014

The credit-related regulated activities comprise consumer credit lending, credit broking, debt counselling, debt adjusting, debt administration, debt collecting, providing credit information services, providing credit references, operating an electronic system in relation to lending (but, other than in FEES and SUP, only insofar as it relates to a borrower or prospective borrower under a P2P agreement)1 and consumer hiring.

CONC 7.15.9R01/04/2014

A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts.[Note: paragraph 3.23c of DCG]

SUP 16.1.3R01/05/2024

Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, 60SUP 16.22 and56 SUP 16.2656)50 53 42 66 39 3927

8 8 8 9 9 9 9

(1) Section(s)	(2) Categories of firm to which section applies				(3) Applicable rules and guidance
SUP 16.1,SUP 16.2andSUP 16.3	All categories of firm except:				Entire sections
	(a)	an ICVC;
	(b)	[deleted]51
		51	51 20
		51	51 49
		51 3	51 14 14 39
		51 39	51
	(c)	[deleted]51
SUP 16.4 and SUP 16.52	All categories of firm except:				Entire sections
	(-a)	a credit union;2
	(a)	an ICVC;
	(b)	[deleted]51
	(c)	[deleted]51
	(d)	a non-directive friendly society;
	(e)4	[deleted]4
	(f)	a sole trader;
	(g)	a service company;
	(h)	[deleted]51 8 8
	(i)8	a firm with permission to carry on only retail investment activities;8
	(ia)38	a firm with permission only to advise on P2P agreements (unless that activity is carried on exclusively with or for professional clients);38
	(j)8	a firm with permission to carry on only insurance distribution activity 52, home finance mediation activity,16 or both;8 16
	(ja)30	an FCA-authorised person with permission to carry on only credit-related regulated activity;
	48(jb)	a firm with permission to carry on only regulated claims management activities;
	58(jc)	a firm with permission to carry on only funeral plan distribution;
	(k)8	a firm falling within a combination of (i), (ia), (j), (ja), (jb) and (jc)58. 30 48 38 30
	46(l)	a firm with permission to carry on only the regulated activity of administering a benchmark;
SUP 16.6	Bank 27				SUP 16.6.4 R to SUP 16.6.5 R
	41				41
					36
	41				41 26 28
	41 28				41 28
	Depositary of an authorised fund 41				SUP 16.6.6R to SUP 16.6.11R41
33SUP 16.7A	A firm subject to the requirement in SUP 16.7A.3 R or SUP 16.7A.5 R				Sections as relevant
SUP 16.8	Insurer with permission to effect or carry out life policies, unless it is a non-directive friendly society 3				Entire section
	3 Firm with permission to establish, operate or wind up a personal pension scheme or a stakeholder pension scheme 14 14				Entire section3
5	5				5
SUP 16.109	All categories of firm except:9				Entire section9
	(a)9	an ICVC;9and51
	(b)9	[deleted]51 21 42
	(c)9	[deleted]42 21 9
	21(d)	a dormant asset fund operator 61.
32SUP 16.11	(1)	A firm, other than a managing agent, which is:
		(a)	a home finance provider; or		Entire section
		(b)	an insurer; or		Entire section
		(c)	the operator of a regulated collective investment scheme or an investment trust savings scheme; or		Entire section
		(d)	a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product; or		Entire section
		(e)	one of the following:64
			64(i)	a non-threshold short-term loan firm;	SUP 16.11.1R(1), SUP 16.11.3R(1), SUP 16.11.5R, SUP 16 Annex 20R and SUP 16 Annex 21R.
			64(ii)	a threshold 1 category A firm;	Entire section
			64(iii)	a threshold 1 category B firm;	Entire section
			64(iv)	a threshold 2 category A firm; or	Entire section
			64(v)	a threshold 2 category B firm.	Entire section
	(2)	a firm in whom the rights and obligations of the lender under a regulated mortgage contract are vested.			The provisions governing performance data reports in SUP 16.11 and SUP 16 Annex 21
17SUP 16.12	A firm undertaking the regulated activities as listed in SUP 16.12.4 R, unless exempted in SUP 16.12.1 G				Sections as relevant to regulated activities as listed in SUP 16.12.4 R23
23 24 25SUP 16.14	A CASS large firm and a CASS medium firm				Entire section29
29SUP 16.18	A full-scope UK AIFM and a small authorised UK AIFM				SUP 16.8.3 R
[deleted]60 34	59 43
40SUP 16.23	A firm subject to the Money Laundering Regulations and within the scope of SUP 16.23.1R				Entire Section
47SUP 16.23A	A firm undertaking the regulated activities in SUP 16.23A.1R51				Entire section
43SUP 16.24	A firm with permission to effect or carry out contracts of insurance in relation to life and annuity contracts of insurance 45 to the extent that the firm and its business falls within the scope of SUP 16.24.1R.				Entire Section
48SUP 16.25	A firm with permission to carry on regulated claims management activities.				Entire section
53SUP 16.27	A firm which, in respect of general insurance contracts, is:				Entire section
	(a)	an insurer;
	(b)	55a 55(i) TP firm which has temporary permission; or 55 (ii) a Gibraltar-based firm, treated as having permission, to effect contract of insurance 55 including those providing services from an establishment outside the UK with a customer in the UK 55;
	(c)	a managing agent; or
	(d)	an insurance intermediary,
	to the extent that the firm and its business falls within the scope of SUP 16.27.7R.
57SUP 16.28	A firm which, in respect of general insurance contracts, is:				Entire section
	(1)			an insurer;
	(2)			a managing agent;
	(3)			an insurance intermediary;
	(4)			a TP firm; or
	(5)			a Gibraltar-based firm that is not a TP firm.
	to the extent that the firm and its business falls within the scope of SUP 16.28.8R.
62SUP 16.29	A MIFIDPRU investment firm other than in the circumstances specified in SUP 16.29.1R.				Entire section
62SUP 16.30	A person who is:63				Entire section63
	(1)			a firm except as specified in SUP 16.30.1R;63
	(2)			an authorised electronic money institution;63
	(3)			an authorised payment institution;63
	(4)			a registered account information service provider;63
	(5)			a small electronic money institution;63
	(6)			a small payment institution;63
	(7)			a UK RIE.63
SUP 16.31	A firm with approver permission.				Entire section
Note 127[deleted]26 26
27Note 2 50The application of SUP 16.13 is set out under SUP 16.13.1 G;66 the application of SUP 16.15 is set out under SUP 16.15.1 G; the application of SUP 16.16 is set out SUP 16.16.1 R and SUP 16.16.2 R the application of SUP 16.17 is set out in SUP 16.17.3 R and SUP 16.17.4 R66; and the application of SUP 16.26 is set out in SUP 16.26.1R50. 43 66
29Note 3 50The application of SUP 16.18 for the types of AIFMs specified in SUP 16.1.1C G is set out in SUP 16.18.2 G. 43

TC App 1.1.1R29/07/2022

1Activity	Products/Sectors		Is there an appropriate qualification4requirement? 4
Designated investment business carried on for a retail client
Providing basic advice	1.	Stakeholder products excluding a deposit-based stakeholder product	No
Advising or giving personal recommendations (as relevant)13	2.	Giving personal recommendations on securities 13 which are not stakeholder pension schemes, personal pension schemes 7 or broker funds	Yes
	3.	Giving personal recommendations on derivatives 13	Yes2
	4.	Giving personal recommendations on retail investment products 13 which are not broker funds 6 6	Yes2
	5.	Giving personal recommendations on13 Friendly Society life policies where the employee is not reasonably expected to receive a remuneration of greater than £1000 a year in respect of such sales	No2
	6.	Giving personal recommendations on13 Friendly Society tax-exempt policies (other than Holloway sickness policies where the Holloway policy special application conditions are met)5	Yes2
	7.	Giving personal recommendations on long-term care insurance contracts 13	Yes2
	8.	Giving personal recommendations on investments 13 in the course of corporate finance business	Yes2
	9.	Advising on syndicate participation at Lloyd's	Yes2
	129A.	Advising on P2P agreements	Yes
Undertaking the activity in column 2	10.	Broker fund adviser	Yes
Undertaking the activity in column 2	11.	Pension transfer specialist	Yes2
Giving personal recommendations13 and dealing	12.	Giving personal recommendations on and dealing in securities 13 which are not stakeholder pension schemes, personal pension schemes 7 or broker funds	Yes
Giving personal recommendations13 and dealing	13.	Giving personal recommendations on and dealing in derivatives 13	Yes2
4Dealing	13A.8	Securities which are not stakeholder pension schemes, personal pension schemes 7 or broker funds	No
4Dealing	413B.8	Derivatives	No
15 MiFID business bidding	13C15	emissions auction products 15	No15
8		14
Managing	14.	Investments	Yes
Overseeing on a day-to-day basis	15.	Operating a collective investment scheme or undertaking the activities of a trustee or depositary of a collective investment scheme	Yes
	16.	Safeguarding and administering investments or holding client money	Yes2
	17.	Administrative functions in relation to managing investments	Yes2
	18.	Administrative functions in relation to effecting or carrying out contracts of insurance which are life policies	Yes2
	19.	Administrative functions in relation to the operation of stakeholder pension schemes	Yes2
Mortgage Activity10 and reversion activity carried on for a customer 10
9 10Advising; arranging (bringing about) an execution-only sale, excluding variations to an existing home finance transaction except where the effect is to change all or part of the home finance transaction from one interest rate to another. See Note 3, which for the avoidance of doubt forms part of this rule.	20	Regulated mortgage contracts for a non-business purpose	Yes
	20A	Regulated mortgage contracts for a business purpose	No
	21	Equity release transactions	Yes
9Designing scripted questions for execution-only sales	21A	Regulated mortgage contracts for a non-business purpose	Yes
	21B	Regulated mortgage contracts for a business purpose	No
	22	Equity release transactions	Yes
Overseeing execution-only sales on a day-to-day basis9 9	23.	Equity release transactions	Yes
11 MCD credit agreement activities carried on for consumers
11manufacturing	23A	an MCD credit agreement	No
11 entering into a regulated mortgage contract or entering into a regulated credit agreement as lender	23B	an MCD credit agreement	No
11 arranging (bringing about) regulated mortgage contracts or acting as an MCD credit broker	23C	an MCD credit agreement	No
11 advising on a regulated mortgage contract or advising on a regulated credit agreement for the acquisition of land	23D	an MCD credit agreement	No
11directly managing or supervising employees who carry on any of the MCD credit agreement activities 23A to 23D	23E	an MCD credit agreement	No
[Note: article 9(1) of the MCD]11
Non-investment insurance business carried on for a consumer
Giving personal recommendations13	24.	Giving personal recommendations on non-investment insurance contracts 13	No
3 Regulated sale and rent back activity carried on for a customer
Advising	25.	Regulated sale and rent back agreements	No
Overseeing an execution-only sale 10 on a day-to-day basis 10	26.	Regulated sale and rent back agreements	No
16 Regulated funeral plan activity carried on for a customer
16 Dealing in investments as agent	27	Funeral plan contracts	No
16 Arranging (bringing about) deals in investments	28	Funeral plan contracts	No
16 Making arrangements with a view to transactions in investments	29	Funeral plan contracts	No
16 Managing investments	30	Funeral plan contracts	No
16 Safeguarding and administering investments	31	Funeral plan contracts	No
16 Sending dematerialised instructions	32	Funeral plan contracts	No
16 Causing dematerialised instructions to be sent	33	Funeral plan contracts	No
16 Advising on investments	34	Funeral plan contracts	No
16 Entering as provider into a funeral plan contract	35	Funeral plan contracts	No
16 Carrying out a funeral plan contract as provider	36	Funeral plan contracts	No
16 Agreeing to carry on a regulated activity	37	Funeral plan contracts	No
Notes:
1.	In the Appendix the heading and types of business specified in the headings are to be read in conjunction with the paragraphs appearing beneath them.
2.	Thus, for example, paragraph 24,13 consistent with the heading above it, refers only to personal recommendations given in relation to13 non-investment insurance contracts given to a consumer.10 3 3
122A.	In relation to activity number 9A, see TC 2.1.5HR and TC 2.1.6R(2). There is no qualification for this activity in the list of qualifications set out in TC Appendix 4E. However, the effect of TC 2.1.5HR is that an employee advising on P2P agreements must be qualified to the same standard as if that employee were providing investment advice to retail clients on retail investment products.
103.	For the purpose of product numbers 20, 20A and 21 the activity of arranging (bringing about) referred to in the activity column: (a) includes activity which would be arranging (bringing about) but for the exclusion in article 28A of the Regulated Activities Order; and (b) does not include activities which taken on their own would not fall within the definition of that activity. For these purposes no account should be taken of the fact that for an activity to be a regulated activity it must be carried on by way of business (see PERG 4.3).
4.	In this Appendix, paragraphs 23A, 23B, 23C, 23D and 23E relate to the implementation of article 9(1) of the MCD. The specified activities do not, in and of themselves, attract a qualification requirement. However, where those activities overlap with those specified under the heading "mortgage activity and reversion activity carried on for a customer", qualification requirements may apply.

DISP 2.8.10G29/08/2017

713Where a complaint meets the requirements of DISP 2.8.9R(2)(d), those parts of the complaint that relate to the grounds of rejection of the claim are not subject to the restriction in DISP 2.8.9R(1) on an Ombudsman considering the complaint.

PERG 1.2.3AG06/04/2016

2Except in PERG 2 and PERG 7, where PERG uses the defined term of advising on investments, this term refers only to the regulated activity (in article 53(1) of the Regulated Activities Order) of advising on investments (except P2P agreements) and related text should be read and construed accordingly.

FEES 4.4.9D01/04/2013

3To the extent that a firm4 has provided the information required by FEES 4.4.7 D to the FCA as part of its compliance with another provision of the Handbook, it is deemed to have complied with the provisions of that direction.444

CONC 3.10.1R01/07/2014

This section applies:(1) to a financial promotion in relation to consumer credit lending, credit broking, debt counselling, debt adjusting, operating an electronic system in relation to lending1in relation to prospective borrowers or borrowers1under P2P agreements;1(2) in relation to the communication of a financial promotion that is not in writing.

SYSC 4.4.1AR07/12/2020

7(-2) 13This section applies to:(a) a limited scope SMCR firm other than:14(i) a firm in SUP 10C Annex 1 7.10R (Table: Limited scope SMCR firms to which no controlled functions apply); and14(ii) a limited scope SMCR benchmark firm; and14(b) an authorised professional firm that is a core SMCR firm. (-1) 13The application of this section is further limited by the rest of this rule.(1) 13This section applies to an authorised professional firm as follows: (a) it only applies in respect

PERG 8.29.7G23/02/2018

1Typical recommendations and whether they will be regulated as advising on investments (except P2P agreements)3 under article 53(1)3 of the Regulated Activities Order. This table belongs to PERG 8.29.1 G to PERG 8.29.6 G.2

Recommendation	Regulated under article 53(1)3 or not?
I recommend that you take out the ABC investment.	Yes. This is advice which steers the client in the direction of a particular investment which the client could buy.
I recommend that you do not take out the ABC investment.	Yes. This is advice which steers the client away from a particular investment which the client could have bought.
I recommend that you take out either the ABC investment or the DEF investment.	Yes. This is advice which steers the client in the direction of more than one particular investment which the client could buy.
I recommend that you sell your ABC investment.	Yes. This is advice which steers the client in the direction of a particular investment which the client could sell.
I recommend that you do not sell your ABC investment.	Yes. This is advice which steers the client away from a particular investment which the client could have sold.
I recommend that you transfer ownership of your ABC investment to your spouse.	Advising the client to gift an investment to another person will not be advice because it does not involve advice on buying, selling, subscribing for or underwriting an investment.
I recommend that you increase the regular payments you are making to your GHI fund*.	Yes. This is advice which steers the client in the direction of acquiring further units in a particular fund.
I recommend that you decrease the regular payments you are making to your GHI fund*.	Yes. This is advice which steers the client in the direction of acquiring further units in a particular fund but advises against the client buying as many as he intended.
I recommend that you keep making the same regular payments to your GHI fund*.	Yes. This is advice which steers the client in the direction of acquiring further units in a particular fund.
I recommend that you stop making the regular payments you are making to the GHI fund*.	Yes. This is advice which steers the client away from buying units in a particular fund which the client could have bought.
I recommend that you pay a lump sum into your GHI fund*.	Yes. This is advice which steers the client in the direction of acquiring further units in a particular fund.
I recommend that you do not pay a lump sum into your GHI fund*.	Yes. This is advice which steers the client away from buying units in a particular fund which the client could have bought.
I recommend that you move part of your investment in the JKL investment from fund X into fund Y*.	Yes. This is advice which steers the client in the direction of selling units in a particular fund and buying units in another specific fund. Where the two funds are sub-funds of the same main fund it is still advice. The terms ‘bought’ and ‘sold’ are given a wide meaning and include any acquisition or disposal for valuable consideration.
I recommend that you move all of your investment in JKL investment from fund X into fund Y*.	Yes, for the same reason.
4I recommend that you keep your investment in fund X*.	Yes. This is advice because it is advice to hold on to an investment and advice not to sell it.
I recommend that you move your MNO investment from platform X and re-register it on platform Y.	This is unlikely to be advice because normally it will not involve buying and selling the investment held on the platform.
A client decides of his own accord to increase, decrease or temporarily suspend his regular payments or the payments are increased automatically into an investment without advice being given.	No. No advice is being given.
The firm is providing discretionary management services under a mandate and makes changes to a client's investment without providing advice.	No. No advice is being given.
Dividends are re-invested into an investment without advice being given.	No. No advice is being given.
* The same answer would apply where the fund is a life policy as rights under a contract of insurance are regulated investments under the Act. The position under a personal pension scheme is similar, as explained in more detail in PERG 12.3.

CONC 8.10.1R01/04/2014

This section applies to: (1) a firm with respect to providing credit information services in relation to information relevant to the financial standing of an individual;(2) a firm with respect to the activities set out in article 36H(3)(e) to (h) of the Regulated Activities Order (Operating an electronic system in relation to lending) in relation to a borrower under a P2P agreement.

SUP 12.2.7G08/12/2022

(1) The Appointed Representatives Regulations are made by the Treasury under sections 39(1)18, (1C) and (1E)15 of the Act. These regulations describe, among other things, the business for which an appointed representative may be exempt or to which sections 20(1) and (1A) and 23(1A) of the Act may not apply15, which is business which comprises any of:(a) dealing in investments as agent (article 21 of the Regulated Activities Order) where the transaction relates to:26553(i) 26a

COBS 2.2.-1R01/02/2023

(1) [deleted]51(2) This section applies in relation to5designated investment business (6other than MiFID, equivalent third country or optional exemption business or insurance distribution activities)6, carried on for a retail client: 5(a) in relation to a derivative, a warrant, a non-readily realisable security, a non-mass market investment8, a P2P agreement,4 or stock lending activity, but as regards the matters in COBS 2.2.1R (1)(b) only; and 7(b) in relation to a retail investment

TC App 4.1.1E22/11/2019

5 10 6 7 8 9

Part 1: Activities

Note: The activity numbers in this table relate to the activities14 in TC App 1.1.1 R. These tables do not cover activities 1, 5, 13A, 13B, 13C, 20A, 21B,14 23A, 23B, 23C, 23D, 23E,17 24, 25 or 26 as these activities do not have a qualification requirement.21 In relation to advising on P2P agreements (activity 9A), see TC 2.1.5HR and TC 2.1.6R(2).

24Part 1A: The Retail Distribution Review activities (RDR activities)

14

Activity Number	RDR24 Activity	24
2	Giving personal recommendations 26 on securities which are not stakeholder pension schemes, personal pension schemes or broker funds	24	24
3	Giving personal recommendations 26 on derivatives	24	24
4 and 6	(4) Giving personal recommendations 26 on retail investment products which are not broker funds and (6) giving personal recommendations 26 on friendly society tax-exempt policies (other than Holloway sickness policies 26 where the Holloway policy special application conditions 26 are met)	24	24
12	Giving personal recommendations 26 on and dealing in securities which are not stakeholder pension schemes, personal pension schemes or broker funds
13	Giving personal recommendations 26 on and dealing in derivatives

18

Related provisions for CONC 11.2.4

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Application of different sections of SUP 16 (excluding49 SUP 16.13, SUP 16.15, 60SUP 16.22 and56 SUP 16.2656)50 53 42 66 39 3927