(1)Part 5 of FSMA 2000 (performance of regulated activities) is amended as follows.
(2)Omit sections 64 and 65 (and the italic cross-heading preceding them).
(3)Before section 66 insert—
(1)If it appears to the FCA to be necessary or expedient for the purpose of advancing one or more of its operational objectives, the FCA may make rules about the conduct of the following persons—
(a)persons in relation to whom either regulator has given its approval under section 59;
(b)persons who are employees of relevant authorised persons (see section 71A).
(2)If it appears to the PRA to be necessary or expedient for the purpose of advancing any of its objectives, the PRA may make rules about the conduct of the following persons—
(a)persons in relation to whom it has given its approval under section 59;
(b)persons in relation to whom the FCA has given its approval under section 59 in respect of the performance by them of a relevant senior management function in relation to the carrying on by a PRA-authorised person of a regulated activity;
(c)persons who are employees of relevant PRA-authorised persons.
(3)In subsection (2)—
“relevant PRA-authorised person” means a PRA-authorised person that is a relevant authorised person (see section 71A), and
“relevant senior management function” means a function which the PRA is satisfied is a senior management function as defined in section 59ZA (whether or not the function has been designated as such by the FCA).
(4)Rules made under this section must relate to the conduct of persons in relation to the performance by them of qualifying functions.
(5)In subsection (4) “qualifying function”, in relation to a person, means a function relating to the carrying on of activities (whether or not regulated activities) by—
(a)in the case of an approved person, the person on whose application approval was given, and
(b)in any other case, the person's employer.
(6)In this section any reference to an employee of a person (“P”) includes a reference to a person who—
(a)personally provides, or is under an obligation personally to provide, services to P under an arrangement made between P and the person providing the services or another person, and
(b)is subject to (or to the right of) supervision, direction or control by P as to the manner in which those services are provided,
and “employer” is to be read accordingly.
(1)This section applies where a regulator makes rules under section 64A (“conduct rules”).
(2)Every relevant authorised person must—
(a)notify all relevant persons of the conduct rules that apply in relation to them, and
(b)take all reasonable steps to secure that those persons understand how those rules apply in relation to them.
(3)The steps which a relevant authorised person must take to comply with subsection (2)(b) include, in particular, the provision of suitable training.
(4)In this section “relevant person”, in relation to an authorised person, means—
(a)any person in relation to whom an approval is given under section 59 on the application of the authorised person, and
(b)any employee of the authorised person.
(5)If a relevant authorised person knows or suspects that a relevant person has failed to comply with any conduct rules, the authorised person must notify the regulator of that fact.
(6)In this section “employee”, in relation to an authorised person, has the same meaning as in section 64A.
(7)For the meaning of “relevant authorised person”, see section 71A.”
Commencement Information
I1S. 30 in force at 25.7.2014 for specified purposes by S.I. 2014/1819, art. 2(2)(c)
I2S. 30(1)(2) in force at 7.3.2016 in so far as not already in force by S.I. 2015/490, art. 2(1)(b) (as amended by S.I. 2015/2055, art. 2(2) and with savings and transitional provisions in S.I. 2015/492 (as amended by S.I. 2015/1660))
I3S. 30(3) in force at 7.3.2017 for specified purposes by S.I. 2015/490, art. 2(1)(d) (as inserted by S.I. 2015/2055, art. 2(4) and with savings and transitional provisions in S.I. 2015/492 (as amended by S.I. 2015/1660))