Related provisions for PERG 7.5.2
Table: Disapplied or modified modules or provisions of the Handbook
Module |
Disapplication or modification |
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Senior Management Arrangements, Systems and Control sourcebook (SYSC) [FCA] |
SYSC 6.1.4C R (requirement of debt management firm or credit repair firm to appoint a compliance officer) does not apply to a firm with an interim permission. SYSC 6.3.8 R (responsibility for anti-money laundering systems and controls) does not apply to a firm with only an interim permission. SYSC 6.3.9 R (requirement to appoint a money laundering reporting officer) does not apply to a firm with only an interim permission. |
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Fees manual (FEES) [FCA] |
The Fees manual does not apply in respect of the fee provided for in FEES 8.1.1R (1), except for the rules and guidance in FEES 2.3 and FEES 8.1. |
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Guidance applies with necessary modifications to reflect Chapter 4 of Part 8 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013 (see Note 1). |
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Note 1 |
A firm is treated as having an interim permission on and after 1 April 2014 to carry on credit-related regulated activity4 or operating an electronic system in relation to lending5 under the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 if it met the conditions set out in Chapter 4 of Part 8 of that Order. Section 55B(3) of the Act (satisfaction of threshold conditions) does not require the FCA or PRA to ensure that the firm will satisfy, and continue to satisfy, in relation to the credit-related regulated activities4 or operating an electronic system in relation to lending5 for which it has an interim permission, the threshold conditions for which that regulator is responsible. The FCA or PRA can, however, exercise its power under section 55J of the Act (variation or cancellation on initiative of regulator) or under section 55L of the Act (in the case of the FCA) or section 55M of the Act (in the case of the PRA) (imposition of requirements by the regulator) in relation to a firm if, among other things, it appears to the FCA or PRA that the firm is failing, or is likely to fail, to satisfy the threshold conditions in relation to the credit-related regulated activities4 or operating an electronic system in relation to lending5 for which it has an interim permission for which the regulator is responsible. The guidance4 in COND should be read accordingly. 4444 |
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CASS does not apply with respect to credit-related regulated activity to a firm with7: (1) only an interim permission; or (2) an interim permission that is treated as a variation of permission; if the firm acts in accordance with the provisions of paragraphs 3.42 and 3.43 of the Debt management (and credit repair services) guidance (OFT366rev) previously issued by the Office of Fair Trading, as they were in effect immediately before 1 April 2014. 77577 |
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SUP 3 (Auditors), SUP 10A (FCA Approved persons), SUP 10C (FCA senior managers11 regime for approved persons in SMCR firms11) and SUP 12 (Appointed representatives) (see Note 2) do not apply: (1) to a firm with only an interim permission; or (2) with respect to a credit-related regulated activity or operating an electronic system in relation to lending5 for which a firm has an interim permission that is treated as a variation of permission,7 except that SUP 3.10 and SUP 3.11 apply to a firm in relation to its designated investment business that comprises operating an electronic system in relation to lending.7 87 |
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Note 2 |
A firm may not be a principal in relation to a regulated activity for which it has interim permission. A firm with interim permission may, however, be an appointed representative in relation to a regulated activity which it does not have interim permission to carry on (article 59 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013). |
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SUP 6 (Applications to vary and cancel Part 4A permission and to impose, vary or cancel requirements) applies: (1) with necessary modifications to reflect Chapter 4 of Part 8 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013 (see Note 3); (2) with the modifications to SUP 6.3.15D9 and SUP 6.4.5D9 set out in paragraph 1.2 of this Schedule. |
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Note 3 |
If a firm with interim permission applies to the appropriate regulator under section 55A of the Act for Part 4A permission to carry on a regulated activity or under section 55H or 55I of the Act to vary a Part 4A permission that the firm has otherwise than by virtue of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013 by adding a regulated activity to those to which the permission relates, the application may be treated by the appropriate regulator as relating also to some or all of the regulated activities for which the firm has interim permission. |
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SUP 11 (Controllers and close links) does not apply to a firm with only an interim permission (see Note 4). |
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Note 4 |
A firm is not to be regarded as an authorised person for the purposes of Part 12 of the Act (control over authorised person) if it has only an interim permission (see article 59 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No 2) Order 2013). |
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For a firm with only an interim permission (1) SUP 15.5.1 R, SUP 15.5.2 G, SUP 15.5.4 R, SUP 15.5.5 R are modified so that the words "reasonable advance", "and the date on which the firm intends to implement the change of name" and "and the date of the change" are omitted; and (2) SUP 15.7.1 R, SUP 15.7.4 R and SUP 15.7.5A R are modified so that a notification of a change in name, address or telephone number must be made using the online Consumer Credit Interim Permissions system available on the FCA's website. (3) If in a notification to the FCA the firm is required to enter its FRN number it must include it interim permission number. |
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SUP 16 (Reporting requirements) does not apply to a firm with only an interim permission except for SUP 16.14.10 7776 |
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SUP 16.11 and SUP 16.12 apply to a firm, which was an authorised person immediately before 1 April 2014, with an interim permission that is treated as a variation of permission with respect to credit-related regulated activity or operating an electronic system in relation to lending5 as if the changes to SUP 16.11 and SUP 16.12 effected by the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014 had not been made.10 6 |
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DISP 1.10 (Complaints reporting rules) and DISP 1.10A (Complaints data publication rules) do not apply to a person with only an interim permission. |
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DISP 1.10 (Complaints reporting rules) and DISP 1.10A (Complaints data publication rules) apply to a firm, which was an authorised person immediately before 1 April 2014, with an interim permission that is treated as a variation of permission with respect to credit-related regulated activity or operating an electronic system in relation to lending5 as if the changes to DISP 1.10 and DISP 1.10A effected by the Consumer Credit (Consequential and Supplementary Amendments) Instrument 2014 had not been made. |
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CONC 10 (Prudential requirements for debt management firms) does not apply: (1) to a firm with only an interim permission; or (2) with respect to credit-related regulated activity or operating an electronic system in relation to lending5 for which a firm has an interim permission that is treated as a variation of permission. |
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For a firm only with an interim permission, PERG 5.11.13 G is modified so that following the words "which does not otherwise consist of carrying on regulated activities" is added "(other than a regulated activity carried on by a firm only with an interim permission listed in article 59A of the Financial Services and Markets Act 2000 (Regulated Activities)(Amendment)(No.2) Order 2013 (SI 2013/1881) which is to be disregarded for this purpose)". Article 59A enables a firm with only an interim permission which would be able to benefit from article 72B of the Regulated Activities Order, but for carrying on the new consumer credit regulated activities to continue to do so. |
Schedule to the Recognition Requirements Regulations, paragraphs 3 – 3H4
Paragraph 3 – Systems and controls4 |
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(1) |
The [UK RIE] must ensure that the systems and controls, including procedures and arrangements,4 used in the performance of its functions and the functions of the trading venues it operates are adequate, effective4 and appropriate for the scale and nature of its business. |
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7[Note: SYSC 15A contains requirements relating to the operational resilience of UK RIEs] |
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(2) |
Sub-paragraph (1) applies in particular to systems and controls concerning - |
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(a) |
the transmission of information; |
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(b) |
the assessment, mitigation and management of risks to the performance of the [UK RIE'srelevant functions]; |
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(c) |
the effecting and monitoring of transactions on the [UK RIE]; |
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(ca) |
the technical operation of the [UK RIE], including contingency arrangements for disruption to its facilities; |
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(d) |
the operation of the arrangements mentioned in paragraph 4(2)(d); and |
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(e) |
(where relevant) the safeguarding and administration of assets belonging to users of the [UK RIE's] facilities. |
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4(f) |
the resilience of its trading systems; |
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4[Note:MiFID RTS 7 contains requirements on the resilience of trading systems operated by trading venues that enable algorithmic trading] |
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4(g) |
the ability to have sufficient capacity to deal with peak order and message volumes; |
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4[Note:MiFID RTS 7 contains requirements on the adequacy of capacity of trading systems operated by trading venues that enable algorithmic trading] |
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4(h) |
the ability to ensure orderly trading under conditions of severe market stress; |
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4(i) |
the effectiveness of business continuity arrangements to ensure the continuity of the [UK RIE’s] services if there is any failure of its trading systems including the testing of the [UK RIE’s] systems and controls; |
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4(j) |
the ability to reject orders that exceed predetermined volume or price thresholds or which are clearly erroneous; |
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4(k) |
the ability to ensure algorithmic trading systems cannot create or contribute to disorderly trading conditions on trading venues operated by the [UK RIE]; |
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4(l) |
the ability to ensure disorderly trading conditions which arise from the use of algorithmic trading systems, including systems to limit the ratio of unexecuted orders to transactions that may be entered into the [UK RIE’s] trading system by a member or participant are capable of being managed; |
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[Note:MiFID RTS 9 contains requirements on the ratio of unexecuted orders to transactions to be taken into account by a trading venue that operates electronic continuous auction order book, quote-driven or hybrid trading systems] |
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4(m) |
the ability to ensure the flow of orders is able to be slowed down if there is a risk of system capacity being reached; |
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4(n) |
the ability to limit and enforce the minimum tick size which may be executed on its trading venues; and |
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4(o) |
the requirement for members and participants to carry out appropriate testing of algorithms. |
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4[Note:MiFID RTS 7 contains requirements on the appropriate testing of algorithms to ensure that trading systems, when they enable algorithmic trading, cannot create or contribute to disorderly trading conditions] |
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4(3) |
For the purposes of sub-paragraph 2(c), the [UK RIE] must - |
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4(a) |
establish and maintain effective arrangements and procedures including the necessary resource for the regular monitoring of the compliance by members or participants with its rules; and |
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4(b) |
monitor orders sent including cancellations and the transactions undertaken by its members or participants under its systems in order to identify infringements of those rules, disorderly trading conditions or conduct that may indicate behavior that is prohibited under the market abuse regulation or system disruptions in relation to a financial instrument. |
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4(4) |
For the purpose of sub-paragraph (2)(o) the [UK RIE] must provide environments to facilitate such testing. |
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4(5) |
The [UK RIE] must be adequately equipped to manage the risks to which it is exposed, to implement appropriate arrangements and systems to identify all significant risks to its operation, and to put in place effective measures to mitigate those risks. |
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4Paragraph 3A – Market making arrangements |
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4(1) |
The [UK RIE] must - |
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4(a) |
have written agreements with all investment firms pursuing a market making strategy on trading venues operated by it (“market making agreements”); |
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4(b) |
have schemes, appropriate to the nature and scale of a trading venue, to ensure that a sufficient number of investment firms enter into such agreements which require them to post firm quotes at competitive prices with the result of providing liquidity to the market on a regular and predictable basis; |
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4(c) |
monitor and enforce compliance with the market making agreements; |
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4(d) |
inform the FCA of the content of its market making agreements; and |
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4(e) |
provide the FCA with any information it requests which is necessary for the FCA to satisfy itself that the market making agreements comply with paragraphs (c) and (d) of this sub-paragraph and sub-paragraph 2. |
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4(2) |
A market making agreement must specify- |
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4(a) |
the obligations of the investment firm in relation to the provision of liquidity; |
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4(b) |
where applicable, any obligations arising from the participation in a scheme mentioned in sub-paragraph (1)(b); |
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4(c) |
any incentives in terms of rebates or otherwise offered by the [UK RIE] to the investment firm in order for it to provide liquidity to the market on a regular and predictable basis; and |
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4(d) |
where applicable, any other rights accruing to the investment firm as a result of participation in the scheme referred to in sub-paragraph (1)(b). |
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4(3) |
For the purposes of this paragraph, an investment firm pursues a market making strategy if - |
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4(a) |
the firm is a member or participant of one or more trading venues; |
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4(b) |
the firm’s strategy, when dealing on own account, involves posting firm, simultaneous two-way quotes of comparable size at competitive prices relating to one or more financial instruments on a single trading venue, across different trading venues; and |
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4(c) |
the result is providing liquidity on a regular and frequent basis to the overall market. |
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4Paragraph 3B – Halting trading |
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4(1) |
The [UK RIE] must be able to - |
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4(a) |
temporarily halt or constrain trading on any trading venue operated by it if there is a significant price movement in a financial instrument on such a trading venue or a related trading venue during a short period; and |
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4(b) |
in exceptional cases be able to cancel, vary, or correct any transaction. |
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4(2) |
For the purposes of sub-paragraph (1), the [UK RIE] must ensure that the parameters for halting trading are appropriately calibrated in a way which takes into account - |
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4(a) |
the liquidity of different asset classes and subclasses; |
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4(b) |
the nature of the trading venue market model; and |
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4(c) |
the types of users, |
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4to ensure the parameters are sufficient to avoid significant disruptions to the orderliness of trading. |
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4(3) |
The [UK RIE] must report the parameters mentioned in sub-paragraph (2) and any material changes to those parameters to the FCA in a format to be specified by the FCA. |
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4(4) |
If a trading venue operated by the [UK RIE] is material in terms of liquidity of the trading of a financial instrument and it halts trading in the United Kingdom6 in that instrument it must have systems and procedures in place to ensure that it notifies the FCA. |
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4[Note:MiFID RTS 12 contains requirements for when a regulated market is material in terms of liquidity in a financial instrument for purposes of trading halt notifications] |
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4Paragraph 3C – Direct electronic access |
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4Where the [UK RIE] permits direct electronic access to a trading venue it operates, it must - |
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4(1) |
(a) |
ensure that a member of, or participant in that trading venue is only permitted to provide direct electronic access to the venue if the member or participant - |
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4(i) |
an investment firm which has permission under Part 4A of the Act to carry on a regulated activity which is any of the investment services or activities;6 |
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4(ii) |
a qualifying credit institution that has Part 4A permission to carry on the regulated activity of accepting deposits;6 |
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4(iii) |
is a person who falls within regulation 30(1A) of the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 and has permission under Part 4A of the Act to carry on a regulated activity which is any of the investment services or activities;6 |
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4(iv) |
is a third country firm providing the direct electronic access in the course of exercising rights under Article 46.1 (general provisions) 6of the markets in financial instruments regulation; |
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4(v) |
is a third country firm and the provision of the direct electronic access by that firm is subject to the exclusion in Article 72 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001; or |
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4(vi) |
is a third country firm which does not come within paragraph (iv) or (v) and is otherwise permitted to provide the direct electronic access under the Act; |
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4(b) |
ensure that appropriate criteria are set and applied for the suitability of persons to whom direct electronic access services may be provided; |
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4(c) |
ensure that a member of, or participant in, the trading venue retains responsibility for adherence to the requirements of any provisions of the law of the United Kingdom relied on by the United Kingdom before IP completion day to implement6 the markets in financial instruments directive in respect of orders and trades executed using the direct electronic access service, as those provisions have effect on IP completion day, in the case of rules made by the FCA under the Act, and as amended from time to time, in all other cases6; |
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4(d) |
set appropriate standards regarding risk controls and thresholds on trading through direct electronic access; |
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4(e) |
be able to distinguish and if necessary stop orders or trading on that trading venue by a person using direct electronic access separately from - |
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4(i) |
other orders; or |
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4(ii) |
trading by the member or participant providing the direct electronic access; and |
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4(f) |
have arrangements in place to suspend or terminate the provision to a client of direct electronic access to that trading venue by a member of, or participant in, the trading venue in the case of non-compliance with this paragraph. |
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4[Note:MiFID RTS 7 contains requirements on direct electronic access permitted through a trading venue’s systems] |
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4Paragraph 3D – Co-location services |
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4(1) |
The [UK RIE’s] rules on colocation services must be transparent, fair and nondiscriminatory. |
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4[Note:MiFID RTS 10 contains requirements to ensure co-location services are transparent, fair and non-discriminatory] |
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4Paragraph 3E – Fee structures |
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4(1) |
The [UK RIE’s] fee structure, for all fees it charges including execution fees and ancillary fees and rebates it grants, must - |
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4(a) |
be transparent, fair and non-discriminatory; |
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4[Note:MiFID RTS 10 contains requirements to ensure fee structures are transparent, fair and non-discriminatory] |
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4(b) |
not create incentives to place, modify or cancel orders, or execute transactions, in a way which contributes to disorderly trading conditions or market abuse; and |
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4[Note:MiFID RTS 10 contains requirements concerning prohibited fee structures] |
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4(c) |
impose market making obligations in individual shares or suitable baskets of shares for any rebates that are granted. |
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4(2) |
Nothing in sub-paragraph (1) prevents the [UK RIE] from - |
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4(a) |
adjusting its fees for cancelled orders according to the length of time for which the order was maintained; |
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4(b) |
calibrating its fees to each financial instrument to which they apply; |
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4(c) |
imposing a higher fee - |
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4(i) |
for placing an order which is cancelled than an order which is executed; |
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4(ii) |
on participants placing a high ratio of cancelled orders to executed orders; or |
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4(iii) |
on a person operating a high-frequency algorithmic trading technique, |
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4in order to reflect the additional burden on system capacity. |
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4Paragraph 3F – Algorithmic trading |
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4(1) |
The [UK RIE] must require members of and participants in trading venues operated by it to flag orders generated by algorithmic trading in order for it to be able to identify the - |
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4(a) |
the different algorithms used for the creation of orders; and |
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4(b) |
the persons initiating those orders. |
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4Paragraph 3G – Tick size regimes |
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4(1) |
Subject to paragraph 1A, the8 [UK RIE] must adopt tick size regimes in respect of trading venues operated by it in - |
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4(a) |
shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments traded on each trading venue; and |
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4[Note:MiFID RTS 11 contains requirements on the tick size regime for shares, depositary receipts, exchange traded funds and certificates5] |
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4(b) |
any financial instrument for which technical standards are adopted by FCA under paragraphs 24 and 25 of Part 2 of Schedule 3 to6 the markets in financial instruments regulation8 which is traded on that trading venue. |
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[Note:MiFID RTS 11] |
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8(1A) |
The application of tick sizes shall not prevent the [UK RIE] from matching orders that are large in scale (as determined in accordance with Article 4 of the markets in financial instruments regulation) at the mid-point within the current bid and offer prices. |
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[Note:MiFID RTS 11] |
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4 (2) |
The tick size regime must - |
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4(a) |
be calibrated to reflect the liquidity profile of the financial instrument in different markets and the average bid-ask spread taking into account desirability of enabling reasonably stable prices without unduly constraining further narrowing of spreads; and |
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4(b) |
adapt the tick size for each financial instrument appropriately. |
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4(3) |
The tick size regime must comply with Commission Delegated Regulation (EU) 2017/588 of 14 July 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards on the tick size regime for shares, depositary receipts and exchange-traded funds6. |
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4[Note:MiFID RTS 11] |
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4Paragraph 3H – Syncronisation of business clocks |
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4(1) |
The [UK RIE] must synchronise the business clocks it uses to record the date and time of any reportable event in accordance with Commission Delegated Regulation (EU) 2017/574 of 7 June 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the level of accuracy of business clocks6. |
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4[Note:MiFID RTS 25] |