C6 Part V Performance of Regulated Activities

Annotations:
Modifications etc. (not altering text)
C6

Pt. V (ss. 56-71) modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(a), 128(3)(a) (with art. 23(2))

Approval

C1I1C2C3C459 Approval for particular arrangements.

C51

An authorised person (“A”) must take reasonable care to ensure that no person performs a controlled function under an arrangement entered into by A in relation to the carrying on by A of a regulated activity, unless F3the appropriate regulator approves the performance by that person of the controlled function to which the arrangement relates.

2

An authorised person (“A”) must take reasonable care to ensure that no person performs a controlled function under an arrangement entered into by a contractor of A in relation to the carrying on by A of a regulated activity, unless F4the appropriate regulator approves the performance by that person of the controlled function to which the arrangement relates.

F23

“Controlled function”—

a

in relation to the carrying on of a regulated activity by a PRA-authorised person, means a function of a description specified in rules made by the FCA or the PRA, and

b

in relation to the carrying on of a regulated activity by any other authorised person, means a function of a description specified in rules made by the FCA.

4

“The appropriate regulator”—

a

in relation to a controlled function which is of a description specified in rules made by the FCA, means the FCA, and

b

in relation to a controlled function which is of a description specified in rules made by the PRA, means the PRA with the consent of the FCA.

5

The FCA may specify a description of function under subsection (3)(a) or (b) only if, in relation to the carrying on of a regulated activity by an authorised person, it is satisfied that the function is—

a

a customer-dealing function, or

b

a significant-influence function.

6

The PRA may specify a description of function under subsection (3)(a) only if, in relation to the carrying on of a regulated activity by a PRA-authorised person, it is satisfied that the function is a significant-influence function.

7

In determining whether a function is a significant-influence function, the FCA or the PRA may take into account the likely consequences of a failure to discharge the function properly.

7A

Customer-dealing function”, in relation to the carrying on of a regulated activity by an authorised person (“A”), means a function that will involve the person performing it in dealing with—

a

customers of A, or

b

property of customers of A,

in a manner substantially connected with the carrying on of the activity.

7B

Significant-influence function”, in relation to the carrying on of a regulated activity by an authorised person, means a function that is likely to enable the person responsible for its performance to exercise a significant influence on the conduct of the authorised person's affairs, so far as relating to the activity.

F67C

A regulator may not exercise the power in subsection (3) so as to provide for a function to be a controlled function in relation to the carrying on of the regulated activity of managing an AIF by an AIFM which—

a

is also an AIF;

b

does not manage any AIF other than itself;

c

is a body corporate; and

d

is not a collective investment scheme.

8

Neither subsection (1) nor subsection (2) applies to an arrangement which allows a person to perform a function if the question of whether he is a fit and proper person to perform the function is reserved under any of the single market directives F1or the emission allowance auctioning regulation to an authority in a country or territory outside the United Kingdom.

F59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

“Arrangement”—

a

means any kind of arrangement for the performance of a function of A which is entered into by A or any contractor of his with another person; and

b

includes, in particular, that other person’s appointment to an office, his becoming a partner or his employment (whether under a contract of service or otherwise).

11

Customer”, in relation to an authorised person, means a person who is using, or who is or may be contemplating using, any of the services provided by the authorised person.